SUNLAND PARK, N.M (KFOX14/CBS4) — The federal government has filed a lawsuit to acquire more than 14 acres of land in New Mexico for border use, according to court documents.
According to court documents obtained by KFOX14/CBS4, the U.S. is suing the Catholic Diocese of Las Cruces and Doña Ana County Treasurer to seize about 14. 259 acres of land, located near Mount Cristo Rey in Sunland Park, which is privately owned by the diocese.
The lawsuit states that the U.S. is citing eminent domain authority, which would allow the government to take possession of privately owned land in exchange for financial compensation for public use.
According to court documents, the land will be used for the construction and operation of border security measures, including roads, fencing, and surveillance systems such as cameras and lighting.
“The public purpose for which said property is taken is to construct, install, operate, and maintain roads, fencing, vehicle barriers, security lighting, cameras, sensors, and related structures designed to help secure the United States/Mexico border within the state of New Mexico,” the filing states.
As part of the civil lawsuit brought forth by the Department of Homeland Security, the government has deposited about $183,071 with the court, representing what it considers just compensation for the land and associated utility costs.
The documents show a map of the land that the government aims to condemn, which is 190 feet wide, starting at the border.
Federal government sues to seize Mount Cristo Rey land next to border (Credit: Court documents)
In a court filing obtained by KFOX14/CBS4, the Catholic Diocese of Las Cruces responded to the lawsuit, asking the court to delay the government’s request to deposit money, which would trigger an automatic transfer of the land if denied, arguing the acquisition of the land would “damage its religious and cultural sanctity.”
“The Diocese has consistently conveyed that condemnation of the property would substantially burden the free exercise of religion by the Diocese and the faithful who seek to commune with God on Mount Cristo Rey,” the Catholic Diocese of Las Cruces said in its court documents.
Additionally, the diocese raised concerns over religious freedom, stating that any federal action to seize the land, construct physical barriers, or impede access to Mount Cristo Rey would infringe on the right.
KFOX14/CBS4 has reached out to the Catholic Diocese of Las Cruces for comment on the lawsuit.
This comes as Mount Cristo Rey, which holds religious traditions in the borderland, has been at the center of a proposed border barrier.
The plan, put forth by U.S. Customs and Border Protection last July, involves constructing and maintaining just over a mile of new border barrier, which is expected to be 30 feet high and include anti-climb features.
In January, border patrol officials set off explosions near Mount Cristo Rey, confirming the controlled explosions are part of what they are calling “demolition work to even the terrain” in the area as the federal government continues to build the border wall.
KFOX14/CBS4 has reached out to CBP for comment.
Meanwhile, the lawsuit also comes after the Trump administration had previously sought to secure additional land in New Mexico for border use.
In April, the administration moved to seize seven acres of New Mexico trust land along the U.S.-Mexico border after the state refused to sell it.
According to the New Mexico Land Office, the White House intends to seize land located near the Santa Teresa Port of Entry to build Trump’s border wall.
In a March correspondence offer letter to purchase, the U.S. Customs and Border Protection offered to buy the property for nearly $798,000, adding that if both parties cannot reach an agreement, then the land will be condemned.
According to the New Mexico Land Office, the White House then informed them it intended to file condemnation paperwork in late April to take possession of the land.
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