Judge orders land in Texas city turned over for 180 days to government for border fence

WASHINGTON | Leaders in a small Texas border city felt blindsided Wednesday after learning that a judge had ordered public land turned over temporarily to the federal government as it works on a border fence.

U.S. District Judge Alia Moses Ludlum ordered the city of Eagle Pass to "surrender" the 233 acres of city-owned land by Tuesday. The Justice Department had sued for access to the land Monday. Ludlum's ruling came the same day, before the city could muster a challenge. The Homeland Security Department is trying to build 370 miles of border fence by the end of the year.

A law signed by President Bush and supported by both of Texas' U.S. senators mandated a total of 700 miles of fence along the border. The government had warned the city, which opposes the fence, that it would sue under eminent domain laws to secure access to the property.

The judge's order, issued in the Texas Western District Court, Del Rio division, said the United States, the plaintiff, is entitled to possession or control of the property for 180 days.

"Well, that seems a little heavy handed," Eagle Pass Mayor Chad Foster said Wednesday.