Texas Landowner Attorney

By Erick Holguin, Perez Law Firm, PLLC · Updated November 8, 2026 · Texas Eminent Domain Blog · Leer en español

Border wall land acquisition: key facts

Acquiring agency	U.S. Customs and Border Protection (DHS), with the U.S. Army Corps of Engineers; lawsuits filed by the U.S. Department of Justice
Area	Border Patrol Rio Grande Valley Sector: Starr, Hidalgo and Cameron Counties
Court	U.S. District Court, Southern District of Texas, McAllen Division
Legal authority	Federal eminent domain; Declaration of Taking Act (40 U.S.C. § 3114); Federal Rule of Civil Procedure 71.1
Environmental waivers	DHS waivers for RGV Sector barrier projects published in 2025, including June, August, October and December
Recent filings	New condemnation suits in 2026 for Starr County tracts, for example United States v. 3.564 Acres of Land, No. 7:26-cv-00329 (filed July 16, 2026)
Status	Right-of-entry letters going out, condemnation suits being filed, construction underway in parts of the Valley

The new CBP right-of-entry letters

In past rounds of wall building, the first request was usually a right of entry to survey, often for a nominal payment. Negotiation over the land itself, or a condemnation suit, came later. The letters landowners have received in 2026 are different. As reported by the Texas Observer, they offer a signing payment of up to $5,000 and describe CBP’s preferred route as an agreement letting CBP access the property, survey it, appraise it and complete construction. The other path is to negotiate a sale or easement fast enough not to affect CBP’s construction schedule. If that does not happen, the letters say the matter will be referred to the Justice Department for condemnation.

Why a right-of-entry agreement can be risky

• The wall can go up before you are paid. An agreement that allows construction may leave you negotiating price after the government already has what it needs.
• No guaranteed lawsuit. Nothing in the letter obligates the government to file a condemnation case if you cannot agree on price.
• No deposit, no jury. In a condemnation case the government must deposit its estimate of just compensation with the court, and you can ask a jury to decide what your land is worth. An agreement does not automatically give you either.
• A harder road later. If the government builds and never files suit, your remedy may be a claim for compensation against the United States in the Court of Federal Claims in Washington, D.C.

A referral to the Justice Department sounds like a threat, but condemnation is the normal legal process for public projects, and it is the process that guarantees a court decides fair value.

How federal border wall condemnation works

Federal condemnation is not the Texas process you may know from TxDOT or pipeline cases. There is no Texas Landowner’s Bill of Rights letter, no initial and final offer under Chapter 21 of the Texas Property Code, and usually no special commissioners’ hearing. Instead:

1. Complaint and Declaration of Taking. The United States files suit in McAllen federal court, often with a Declaration of Taking describing the land and the estate taken (fee, easement or temporary easement).
2. Deposit and title. When the government deposits its estimate of just compensation, title passes to the United States. You can ask the court to release the deposit to you while you contest the amount.
3. Notice and answer. Owners are served with a notice of condemnation. Objections and defenses generally must be raised in an answer within 21 days of service, so do not sit on the papers.
4. Just compensation. Value is decided by a jury unless the court appoints a commission. If the final award is higher than the deposit, the government owes interest on the difference.

The government can also sue just to get a temporary easement to survey your land. That case is separate from any later taking of the land itself.

What should border landowners be paid for?

• The strip taken, valued at its highest and best use, not just current pasture or farm use
• Land left between the wall and the river. Property south of the wall can lose access, river frontage, irrigation and much of its value. That loss is part of just compensation for a partial taking.
• Access and gates: how you will reach your remaining land, and on what terms
• Water: pumps, canals, irrigation district deliveries and river access
• Improvements such as homes, wells, fences and barns, plus relocation benefits under the federal Uniform Relocation Act if you are displaced

Family land and unknown heirs

Much of the land along the Rio Grande has passed down through families for generations without probate or recorded deeds. In those cases the government often names “unknown heirs” as defendants. If your family’s land is involved, each heir may have a stake in the compensation. Clearing up who owns what early, through heirship affidavits or a probate proceeding, can make the difference in who gets paid.

What about the Texas state border wall?

The State of Texas has its own border barrier program, but the Legislature did not give it the power of eminent domain. State wall segments are built on land the State buys or leases by agreement. If you are being asked to sign with the State, the terms are fully negotiable, and you can say no.

What to do if you get a border wall letter

1. Don’t sign a right of entry, easement or sale agreement until you understand what it allows and when you get paid.
2. Keep every letter, envelope and map, and write down who visited your property and when.
3. Gather your deed, survey, tax records and any family heirship documents.
4. If you are served with federal court papers, note the date. Deadlines start running from service.
5. Have a lawyer admitted in the Southern District of Texas review the letter or lawsuit.

Frequently asked questions

Can the government take my land for the border wall?

Yes. The federal government has the power of eminent domain for border barriers. The Constitution requires it to pay just compensation, and you have the right to contest the amount in court.

Should I take the $5,000 to sign the right of entry?

Read what you are signing first. A small payment for an agreement that also allows construction may cost you leverage, the court deposit and a jury trial on value. Have the agreement reviewed before you sign.

Where are border wall condemnation cases filed?

For Starr and Hidalgo County land, in the U.S. District Court for the Southern District of Texas, McAllen Division. Cameron County cases are generally filed in the Brownsville Division.

Does the government pay my attorney’s fees?

Usually not in an ordinary condemnation case; federal law shifts fees only in limited situations. Ask any lawyer how their fee is calculated. We explain ours at the free consultation.

Does it cost anything to have my letter reviewed?

Our initial review is free. Call 956-782-2700 or use the form below.

Related: SH 68 in Hidalgo County · The Texas condemnation process · Texas projects using eminent domain

Sources

• Texas Observer, “Trump’s New Tool to Speed Up Wall Construction May Be a Trap for Texas Landowners” (April 2026)
• DHS Determination and Waiver, Rio Grande Valley Sector (Federal Register, October 2025)
• United States v. 3.564 Acres of Land, No. 7:26-cv-00329 (S.D. Tex.)
• 40 U.S.C. §§ 3114, 3116; Fed. R. Civ. P. 71.1; Uniform Relocation Assistance and Real Property Acquisition Policies Act, 42 U.S.C. § 4601 et seq.

General information, not legal advice, current as of the date above. Perez Law Firm, PLLC is not affiliated with CBP, DHS or any government agency. Attorney advertising. Responsible attorney: Erick Holguin, Perez Law Firm, PLLC, McAllen, Texas.