Recently, the Trump Administration announced plans to build the border wall in Laredo for the first time since President Trump declared a so-called “national emergency” along the border. While that decision is being challenged in court, border landowners in Webb and Zapata Counties have begun receiving intimidating letters from the government asking for access to their land.
Landowners should know their rights before signing anything affecting their land.
You have the right to say “No” and should always consult an attorney before signing a letter.
By signing a Right-of-Entry (ROE) letter, you are giving the government permission to enter your land for surveying purposes, and allowing the government to take the first step towards building the border wall in your backyard. There are several reasons you should hesitate before signing.
First, in signing an ROE letter, you receive nothing in return for a great benefit you are providing the government. Generally, the government cannot enter and survey private property without providing “just compensation” to the landowner. Signing an ROE effectively waives your right to just, fair compensation. Even if you are okay with the government surveying your property, you should demand the government pay you for the privilege, in accordance with your property rights.
Second, in signing a ROE letter, you are allowing the government to seize your land faster. Surveying your land is the first step in the process of building the border wall in Laredo. In the second step, the government will offer to buy your land, typically for a price far below market value. In one case handled by TCRP, for example, the government initially offered $100 for 1.3 acres of land, but ultimately settled for $56,000. With legal representation landowners typically receive much fairer compensation for their land.
If you refuse to sell, the government will file a lawsuit to begin the eminent domain process. While it is difficult for a landowner to win against the feds, taking them to court to defend your land means they must give you a basic measure of due process. Under the law, you have the right to demand that a jury of your peers decide the compensation you are owed.
Because the process can be lengthy and the government’s plans are subject to change, government officials mislead landowners when they tell landowners they should sign because it is inevitable that the government will acquire the land. Instead, it is almost always in your interest to refuse to sign and assert your due process rights. Refusing to sign an ROE and forcing the government to formally acquire permission to survey your land is a powerful way to make sure the government respects your rights to the fullest extent of the law.
Texas Civil Rights Project is committed to providing or finding free legal representation for any landowner in South Texas facing an eminent domain lawsuit. If you have questions about this process, or the ROE letters, please contact our office at (956) 787-8171 x 125.
Please don’t sign their damned ROE forms. No wall, no way! All this evil crap because of the Orange Lunatic’s racism and deranged ego. The wall is easily defeated and will stand as a monument to Donald Trump’s incredible idiocy. The wall is an insult to our unique border (fronterizo) culture and a slap in the face to those of us who have family in both countries. True democracy requires constant vigilance and expecting our elected officials to do their jobs with dignity and fortitude (con huevos).