Land for Los Alamos Lab Taken Unfairly, Heirs Say

By JIM YARDLEY


SANTA FE, N.M., Aug. 26 — The story handed down in Jose Gonzales's
family is that his father was working in a field on the day the
government men came to take away his farm. Up and down he worked
the field until they told him to hitch his team and drive it off
the property forever.

 At the time, Mr. Gonzales was serving in the Army in World War II,
so he admits he cannot document the story. But land records confirm
that his family was among the small group of Hispanic homesteaders
whose property was used for the Manhattan Project, the secret
program that created the atomic bomb.

 Now, nearly six decades later, Mr. Gonzales, 83, is suing the
government, claiming bluntly "that we were taken for a ride." In a
case layered with ethnicity, history and politics, Mr. Gonzales and
other heirs are asking for reparations, saying the government
cheated their forebears, in some cases paying them nothing, even as
nearby Anglo landowners received far more money for their property.

 "I don't see that there was justice," said Mr. Gonzales, who
fought in Africa and Europe before being sent to Japan, where at
Hiroshima he saw firsthand the power of the bomb developed on his
family's land.

 The case is also complicated. The heirs to the homesteaders,
fractured by infighting, have split in two and filed lawsuits
pursuing different tactics.

 One group, pushing for a political solution, has lobbied the
state's congressional delegation for reparations' legislation this
fall. The other group, which is more confrontational, is bracing
for a court fight. "We're asking for some of the land back," said
Joe Gutierrez, the group's leader. "There was some discrimination
in how they assessed these properties."

 Andrew Smith, the Justice Department lawyer who is handling the
cases, said he was confident the government could win in court,
particularly since the claims are 60 years old, raising questions
concerning the statute of limitations.

 "The issues become stale and the facts become cold and the people
who were present in the dispute are no longer around," Mr. Smith
said. "It makes it about impossible for the court to get at the
merits of the case."

 The dispute traces to 1942, when the government began looking for
a site to develop a nuclear weapon. The director of the Manhattan
Project, J. Robert Oppenheimer, was familiar with the remote,
mountainous area of New Mexico near the town of Los Alamos, about
30 miles from Santa Fe. Eventually, the site was selected for what
is now called the Los Alamos National Laboratory.

 The government needed roughly 54,000 acres for the project, and
most of the land was taken from a national forest. But about 8,900
acres were in private hands, owned by the Hispanic homesteaders and
two Anglo- owned enterprises, the Los Alamos Ranch School and
Anchor Ranch. Both the school and the ranch hired lawyers and
negotiated sale prices; the school, according to research
commissioned by the Hispanic heirs, was paid $225 per acre,
including buildings. Anchor Ranch was paid $43 per acre just for
the land.

 The Hispanic homesteaders were paid as little as $7 an acre,
including improvements, according to the research. Some landowners
never received their payments, the study showed, and some people
told of being forced off their land at gunpoint.

 Teresita Garcia Martinez, 72, recalled how her family owned 300
acres after her grandfather had staked a claim in the late 1800's
under the Homestead Act. Her father, Adolfo Garcia, operated a
sawmill that employed the entire family and a dozen other men. But
when government officials told her father that his land would be
needed for wartime national security, she said he obeyed. He was
paid $23 an acre.

 "The whole family suffered," she said, adding that her father
worked temporarily as a janitor at Los Alamos. She said some
relatives moved to California and Arizona in search of work. "The
whole family had to separate. It was a family business."

 In 1997, the claims made by Mrs. Martinez and others gained public
attention after Congress approved legislation to turn over more
than 4,600 acres of land owned by the laboratory to the surrounding
county and to a local Indian tribe. The state's two United States
senators, Republican Pete V. Domenici and Democrat Jeff Bingaman,
had sponsored the legislation to help development in the city of
Los Alamos and because the tribe had never been compensated for
land taken to build the laboratory.

 The legislation also called for the claims of the Hispanic
homesteaders to be examined by the Department of Energy, which
asked the Army Corps of Engineers to conduct an investigation. The
Army determined that the homesteaders had no legal basis for more
compensation, ruling that the original condemnation had been
proper, a finding that helped prompt the current lawsuits.

 Initially, the heirs were united in a lawsuit filed in January
2000 by a Santa Fe lawyer, Gene Gallegos. Mr. Gallegos met with
members of Mr. Domenici's staff and decided that the chances of
winning timely reparations were better through an act of Congress
than in court. He is negotiating with Congressional staff members.
But others, led by Mr. Gutierrez, disagreed and said they felt cut
out of the negotiations. Mr. Gutierrez's group filed its lawsuit in
May.

 Mr. Smith, the Justice Department lawyer, said the government did
not have a position on a reparations bill but would probably
request that the two cases be consolidated.

 Mr. Gonzales, the World War II veteran whose family was one of the
original landowners, said he hoped the legal wrangling would not
delay a resolution. "Time is marching on, and if the people who
were hurt the most are to see justice in their lifetimes," he said,
"then it has to happen now."


Copyright 2001 The New York Times Company