Eminent Domain Will Flood Temaca, Mexico

Temacapulín also called Temaca by its resident, is a small village town in the state of Jalisco in the western highlands of Mexico. Bordered by the Rio Verde, Tamaca with its expansive stretches of farmland seems stuck in another century with no paved roads, no supermarkets, nor gas stations. However, this town mostly populated by elderly is the center of a rich culture, where the people live off the land and believe wholeheartedly in the faith that surrounds them in their centuries old basilica and their stone patron Cristo de la Penita.

This warm "utopian village" has according to Adbusters, never even seen graffiti until recently. Monica Lopez reports that graffiti has sprouted up all over the walls of the old-fashioned cobblestone town with every street corner, brick wall, and building tagged with the phrase "no a la presa", which means no to the dam. The people of Tamacan have found themselves the next victims of what most Americans know as eminent domain.

Eminent domain or expropriation as it is called by our southern neighbors is the common law legal system, which gives federal and state power to seize the property or the rights of property from any residential or business entity. In some cases owners of property are compensated for surrendering their property to the government or to government approved third parties, who promise to develop the land and provide civic use or economic development.

The National Water Commission in Mexico plans to flood Temaca and two nearby towns, Acasico, Palamarejo by 2013, wiping these small towns that are full with decades of heritage completely off the map. In its place the government will create a gigantic dam, the Zapotillo. Adbusters reported that Temaca residents were initially offered compensation and even help relocating if they sold their land and homes, but the townspeople in unison said no. With forced expropriation intimidating the majority of the townspeople in the other two towns, Temacans now stand alone to fight against the government.

Juan Carlos of La Jornada Jalisco said in November 2007 that the Temaca residents had filed several complaints with the State Human Rights Commission, accusing officials of distorting information in order to convince people to sell their homes. Since 2007, Temacans have been doing all in their power to save their town and the two hundred years of history there. This includes rallying and having demonstrations at the offices of high powered officials, including deputy chairman of the board Jaime Perez Prieto, who according to Carlos wanted to visit the town in order to see first-hand the views of residents.

The townspeople are working to have the state recognize places in the town, including the basilica and the stone statue, as official heritage sites, which would save Temaca from the flood. According to La Jornada Jalisco, it is not impossible to build the dam without the land in Temaca. In fact, there are several canyons along the Rio Verde that could be used without disturbing any human population and keeping all farmland intact.

The Mexican Movement of Peoples Affected by Dams and in Defense of Rivers (MAPDER), has teamed up with Temaca in order to preserve their town and "strengthen their unity against the construction of the dam". This national movement according to MAPDER fights against federal entities which are displacing entire towns for the needs of big cities. The dam planned to replace Temaca will serve as a reservoir for Guanajuato, one of the biggest cities in the region.

The MAPDER accuses "neoliberal" businesses in bullying local residents of small towns to dominate natural resources, but they are inspired by the 2005 victory of the town of San Gaspar, Jalisco that was able to defer the construction plans there for the San Nicolas dam. MAPDER claims "no struggle is alone", encouraging towns to unite and fight against the further development of new dams and with that in mind Temacans are working to join forces with neighboring towns to continue to petition against the building of the dam.

A 90 year old matriarch of Temaca named Isaura was able to rally signatures opposing the reservoir and also became the first one to successfully appeal against the reservoir on the grounds of it being unconstitutional.

Eminent domain has peered its head more often in this day and age with cities and states, using expropriation or buying out land in order to obtain land that is valued by big businesses to expand. Though the U.S. Supreme Court has on many occasions deferred the attempts of eminent domain, the 2005 decision of Kelo v. City of New London sided with the City of New London wanted to obtain certain properties in order to lease it to a private developer.

A year after the Kelo decision former President George W. Bush issued an executive order which called for the limitation of the federal government to take private property for public use even with fair compensation. Though Bush orders eminent domain not be used for the purpose of economic advancement of private parties, that is exactly what happens. In Mexico, it is no different.

Reservoirs and dams are million dollar construction projects, thus emphasizing the importance of flooding Temaca. The residents are unmoving, though, no type of monetary amount can replace the history and heritage of this 13^th century town where people not only have arable farmlands, but also have a sense of community that they could not have if relocated to another town.

Though the date of the flooding only gets closer, Temacans maintain their high spirits and believe that they can keep their town alive. A young Temacan man, who had been living in the city for years returned to his native town in order to join his community in the struggle, he told AdBusters in an interview, that he and his fellow countrymen would build a dike around the town if they had to, but they would not let the government flood their home.