A man in South Texas is suing the federal government for repeatedly trying to take his property — all so they can construct a border wall.
This legal case comes after the landowner explained the government had illegally taken his land once before, though they ended up returning it. Now, he wants them to stop repeatedly trying to confiscate his land.
Land in Southern Texas
In 1998, Florentino Luera bought 34 acres in western Starr County, near Zapata County and Falcom Dam.
Luera then bought 3 more acres in this area in 2004. For decades, he has used the land to raise chickens, goats, and cattle. He also visits the riverfront land, near the Rio Grande and right on the border of Mexico, with his family for outings often.
The Federal Government Entering Luera’s Land
In 2019, the federal government began to enter Luera’s land for inspection. In January of 2019, he signed a right of entry document, which allowed the U.S. Customs and Border Protection (CBP) and the U.S. Army Corps of Engineers (USACE).
This document allowed officials to survey his land, “giving the United States, CBP, USACE, and their agents permission to enter his property in Chapeño for purpose assessing and surveying the property in connection with border security infrastructure projects.”
Condemning His Land
However, this eventually led to the federal government claiming about 4.58 acres of his land, alongside other land in the area, was condemned in December of 2020.
Obviously, Luera fought against this and quickly brought a legal case against the federal government.
Getting His Land Back
In September of 2021, Luera successfully got his land back from the federal government after a federal judge ordered that he regain possession of his property.
The federal government successfully allowed this to happen by the next month. After all of this, Luera assumed his issues with the CBP and USACE were over.
Biden vs Trump Border Policies
Luera wasn’t wrong to think this. The first time he had his land taken away was during President Donald Trump’s term. Trump long stated that he would build a border wall between the U.S. and Mexico.
When President Joe Biden took office in 2021, he fought against building a border wall. For years, Biden said he wouldn’t build any type of a wall.
Biden Builds a Border Wall
However, the Biden administration admitted that a border wall would be built in Starr County in October of 2023.
According to the administration, a 20-mile border wall had to be built in this region because Congress had already approved the funds for this wall in their 2019 budget. As a result, this money had to be used for a border wall.
Officials Return to Luera’s Land
This led to Luera receiving a letter from the federal government in October of 2023. Once again, they asked for permission to survey his land for border security.
Eventually, this led to the government sending him a letter in July stating that they’d filed yet another condemnation action on 4 acres of his land near the border of Texas and Mexico.
Luera Sues the Government
Once again, Luera is seeking to have his property returned, as he believes the government is unlawfully taking his land away from him.
The Texas landowner is suing to have his property returned to him, as well as for the government to abide by the federal judge’s previous ruling that his land was his.
The Ownership of the Land
Luera, as well as Luera’s lawyer, Texas Rio Grande Legal Aid Staff Attorney Peter McGraw, have stated that a court has already decided that he is the owner of this property.
McGraw stated, “We seek to resolve the ongoing property dispute and ensure Mr. Luera receives the compensation he is entitled to. We believe the Court has already determined Mr. Luera’s sole ownership during the prior condemnation litigation and hope to solve both cases expeditiously.”
The Government’s Response
So far, the federal government hasn’t responded to this court case, nor why they are trying to take land from Luera after already returning it to him a few years ago.
The CBP and the USACE also haven’t responded to this legal case yet.
Ongoing Border Disputes
This specific case further highlights some of the difficult situations landowners have found themselves in during ongoing border control situations in Texas.
Many landowners have publicly revealed they’ve faced issues with everything from illegal crossings to state and federal interference on their land — all because they live on the Texas-Mexico border.
