Texas Landowner Sues Federal Government For Trying To Take His Land To Build Border Wall… Again

A landowner in rural Starr County, Texas, is suing the federal government for attempting to take his property for new border wall construction, just after a judge ruled that the land should be returned to him.

As reported by the Border Report, Florentino Luera filed a federal lawsuit in McAllen’s U.S. District Court for the Southern District of Texas against U.S. Customs and Border Protection (CBP) and the U.S. Army Corps of Engineers.

In his lawsuit, Luera claims that during the Trump administration in 2020, the federal government condemned a portion of his land to build a border barrier in Starr County. In 2021, a federal judge ordered the land returned to Luera, however, in October 2023, the federal government sent Luera a letter seeking permission to survey his property for potential border infrastructure.

In July, Luera said the federal government sent him another letter saying it has filed a second condemnation action of his borderland near Chapeño.

According to Luera’s lawsuit, the letter stated that “Defendants now claim, despite the prior revestment, that they own a portion of Mr. Luera’s property in Chapeño.”

Trump’s administration sought to condemn 4.58 acres of his land, but a deferral judge in McAllen ordered the land reverted to Luera. Biden ordered new border wall construction to be halted in January 2021, just when he took office.

However, in October 2023, Biden announced a 20-mile border wall would be built in Starr County because Congress had already appropriated the funds for that purpose in the Fiscal Year 2019 budget. Border Report noted that, to expedite construction, the administration waived 26 environmental laws.

In his lawsuit, Luera is seeking to resolve the ongoing property dispute and ensure he’ll receive 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,” his lawyer said.

Luera purchased 34 acres in 1998 and added 3 more acres in 2004. He uses the land to raise cattle, goats, and chickens, and enjoys it for family outings along the Rio Grande.