Barron Adler Partner Roy Brandys Discusses Border Wall Eminent Domain Strongarming Tactics with Texas Observer
CBP is urging impacted Rio Grande landowners to rush into a decision
As the U.S. Customs and Border Protection (CBP) advances border wall construction and pushes aggressive offer letters, often featuring coercive demands, many Texas landowners living along the Texas-Mexico border are left feeling pressured, rushed and confused.
Roy Brandys, a partner with Barron, Adler, Clough & Oddo who has been practicing eminent domain and condemnation law for over 40 years, sat down with Texas Observer reporter Jason Buch to discuss why the Government’s recent tactics stand out from typical eminent domain processes.
“The agreements being sent to landowners along the Rio Grande are unusual not just for border wall construction, but for eminent domain in general,” Brandys said.
Brandys goes on to explain that CBP has been giving low-ball offer amounts that push for surveys and construction to begin before the Government purchases or condemns property. These offers are around $1,000 to $5,000, when initial letters in these situations typically offer 75 to 100 percent of estimated value along with a signing bonus.
Property owners along the border wall are advised not to sign initial offer agreements
Brandys advises property owners to receive legal counsel from an eminent domain attorney to help them understand the implications of the agreement.
“The state’s agreements usually require the Government to file a condemnation lawsuit in court if an agreement on the property’s final value can’t be reached. The letters CBP is sending out have no such requirement, making it unclear what will happen if a landowner allows the Government to start construction,” Brandys said.
Landowners have the right to fair compensation for property value loss due to border wall impacts
“There’s no obligation on the part of the Government to ultimately file the eminent domain case. You could have the situation whereby the landowner grants the right of entry for construction, they build the wall on the property, but then never get around to filing the condemnation case, or they take a very long time before filing the condemnation case. In that situation, the landowner would be stuck with the wall on their property without being paid adequate compensation and without a lawsuit even being filed,” Brandys said.
The Government is required to pay for the impact the border wall has on the value of property being taken, which can and often does include negative impacts to the value of property beyond the footprint of the wall itself.
If you have received an offer letter or believe the border wall may impact your land, contact Barron, Adler, Clough & Oddo to help you understand your property rights and discuss the best course of action.
See: Ongoing Texas Border Wall Development Keeps Landowners in Limbo
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