CENTER FOR HUMAN RIGHTS AND CONSTITUTIONAL LAW

256 SOUTH OCCIDENTAL BOULEVARD

LOS ANGELES, CA 90057
Telephone: (213) 388-8693
Facsimile: (213) 386-9484
www.centerforhumanrights.org

April 22, 2009

URGENT

Via First Class Mail and email to Kevin.Aiman@usjoj.gov

Kevin C. Aiman
Assistant U.S. Attorney
US Attorneys Office
919 Milam Travis St. Ste. 1500
Houston, Texas 77208-1129

Re: U.S. v. .26 Acres of Land, and Eloisa G. Tamez, et al, 1:08-cv-0351; U.S. v. .41
Acres of Land and Benavides, et al, 1:08-cv-309.

Dear Mr. Aiman:

I am in receipt of your letters dated yesterday setting forth the

Government’s intention to exercise its right of possession granted by Judge
Hanen’s April 16, 2009 Orders in the two above-entitled actions, and explaining
the steps the Government plans to take to minimize the impact on the
environment, culture, commerce and quality of life. The Government indicates
that construction may begin as early as today and will be completed within one
week.

The April 16, 2009 orders states that the Government is “hereby
ORDERED to consult with the landowners . . . prior to exercising the rights given in
this order … to resolve (1) when and how the United States will take possession of
the property; [and] (2) the steps Plaintiff will take to minimize the impact on the
environment, culture, commerce and quality of life for the defendant….” Order
at 5 (emphasis added).

Giving less than twenty-four (24) hours notice to defendants fails to comply with
either the applicable statute or the Court’s Order of April 16. Further, we do not agree
that the unilateral steps that the Government has set out to “minimize the impact
on the environment, culture, commerce and quality of life” are sufficient to
address the concerns of the defendants in these cases.

The defendants’ concerns are set forth in the attached documents which
are incorporated by this reference.

We would like to commence an immediate discussion regarding the

defendants’ concerns.
Kevin C. Aiman
April 22, 2009
Page 2

The defendants will seek a temporary restraining order delaying

Plaintiff’s possession and further construction work on April 23, 2009, before the
District Court unless the Plaintiff voluntarily agrees to delay possession and
further construction until consultation has taken place pursuant to the Court’s
Order of April 16, 2009.

Please immediately let me know if the Plaintiff is willing to cease and

desist from further possession and construction work until the parties have
engaged in consultation, in which case we will withdraw any filed application
for a temporary restraining order.

Sincerely,

Peter Schey
Attachments

ccs: Dr. Eloisa Tamez

Eduardo Benavides