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Eminent Domain Returns to the Rio Grande: What the Federal Border Wall Project Means for Texas Landowners
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With the border wall project ramping back up, Texas landowners along the Rio Grande River are once again facing familiar challenges. As Wall Street Journal reporter Elizabeth Findell’s article “Trump’s Border Wall Is Back—and So Is His Fight With Texas Landowners” highlights, the federal government has renewed efforts to condemn private land for wall construction, reigniting the debate over eminent domain and property rights in South Texas.
Nicholas Laurent, an attorney with Texas eminent domain firm Barron, Adler, Clough & Oddo, PLLC, was interviewed as a subject matter expert for the story, providing legal insight into how the State of Texas uses condemnation authority. As explained in the article, once a project is declared to serve a “public use” under the Fifth Amendment, such as border security, the government can proceed with taking private property, leaving property owners confused about their rights and how to proceed.
The renewed border wall takings have brought frustration for landowners who are being offered surprisingly low payments for land they’ve had for generations. While stopping a taking entirely is rare, there are ways for property owners to protect their interests if they receive an offer letter from the State.
Here are four practical takeaways for anyone facing a condemnation notice:
- Request a full appraisal – Don’t rely on the government’s valuation; hire your own expert to assess market value and damages.
- Document all potential impacts – This includes loss of physical property, lack of access to the property, loss of business or agricultural functionality, etc.
- Negotiate and don’t rush – Landowners can often reach a higher settlement by pushing for mediation and taking time to calculate the full value.
- Hire experienced legal counsel as early on as possible – Eminent domain law is technical and often time sensitive – seeking legal guidance can help you negotiate and protect your rights before crucial State offer deadlines sneak up on you.
The federal border wall project’s return shows just how quickly private property can be up for question. For Texas landowners, it’s a reminder that while the government’s power to take land is broad, understanding the process and asserting your rights early can make all the difference.
If you have questions about how the revived federal border wall project could impact your land and access to it, reach out to Barron, Adler, Clough & Oddo for a consultation. We’ll walk you through your options and help you determine the best course of action.
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