landowner resources
UNDERSTANDING YOUR RIGHTS
Federal border barrier construction is advancing in the Big Bend region, including in Brewster and Presidio Counties. Landowners face potential impacts that may include survey access requests, right-of-entry demands, easement or condemnation proceedings, construction staging, impacts to water, access roads, livestock, and cultural resources, and long-term title and resale complications. Regardless of your view on border policy, private property rights, due process, and clear information matter to everyone.
We are actively growing a Landowner Coalition to offer support, share information, and coordinate legal action. To learn more about your rights, practical steps to take, and the coalition, refer to the information below.
Landowner coalition
Information • Legal Coordination • Mutual Support
Why the Coalition Exists
Federal border barrier construction is advancing in the Big Bend region, including Brewster and Presidio Counties. As landowners, we face potential impacts that may include survey access requests, right-of-entry demands, easement or condemnation proceedings, construction staging, impacts to water, access roads, livestock, and cultural resources, and long-term title and resale complications.
Regardless of your view on border policy, private property rights, due process, and clear information matter to everyone. This coalition exists to ensure landowners are informed, prepared, and represented.
What the Coalition Provides
Coordinated Legal Access
Shared access to experienced attorneys
Information on eminent domain and condemnation procedures
Clear explanation of rights
Information Sharing
Updates on federal actions and timelines
Survey and access tracking
Technical review of correspondence
Strategic Coordination
Collective communication
Organized response
Mutual Support
A confidential network of neighbors
Practical advice from those who have dealt with prior construction
Emotional and logistical support during stressful proceedings
Why Join Now?
Once survey crews or formal notices arrive, timelines can move quickly. Preparation in advance provides leverage and clarity. Participation does not obligate you to litigate. It ensures you are not navigating the process alone. Membership is free and does not restrict your options.
What CBP’s “Right-of-Entry for Construction” (ROE-C) Really Means
If you received this letter from U.S. Customs and Border Protection (CBP), the federal
government plans to construct border barriers on your property. Although this document is
presented as a temporary access agreement, it actually grants broad construction rights.
You should understand exactly what you are being asked to sign. Here are the facts:
THIS IS NOT JUST A SURVEY
The agreement allows CBP to:
Enter your property at any time without notice to construct, install, and deploy” border security infrastructure (barrier, roads, towers, lights, cameras, sensors)
Remain for up to 36 months
This is not limited to inspection or surveying. It authorizes actual construction.
SIGNING IS “IRREVOCABLE”
“Irrevocable” Means You Cannot Withdraw It
The agreement grants the government an irrevocable right-of-entry for the term. Once signed, you cannot simply revoke permission if impacts exceed expectations.
CONSTRUCTION BEFORE COMPENSATION
Construction May Occur Before Permanent Compensation Is Negotiated
Under this structure:
CBP can enter immediately and construction can begin.
Permanent property rights can be negotiated later.This shifts leverage away from the landowner.
Once infrastructure is installed, your bargaining power is weakened.
THE $2,500 PAYMENT
CBP offers a one-time payment of $2,500 for signing.
This is not payment for land.
It is not compensation for permanent impacts.
It is payment for temporary construction access.
For many properties, $2,500 may not reflect the scale of potential disruption.
THE FIVE-DAY RETURN REQUEST
The letter asks that the ROE-C be signed and returned within five business days.
There is no legal requirement that you respond within that time frame.
Pressure to act quickly benefits the government, not the landowner.
IF YOU DO NOT SIGN
CBP may:
Attempt to negotiate a purchase or easement directly or Refer the matter to the Department of Justice for eminent domain proceedings.
Under eminent domain:
The government must pay just compensation.
You have the right to contest valuation in federal court.
You may obtain legal representation.
Refusing to sign an ROE-C does not waive your rights.
WHY COORDINATION MATTERS
If landowners sign individually and quickly, negotiations happen one-by-one. If landowners coordinate:
Information is centralized.
Terms can be negotiated more consistently.
Impacts can be evaluated collectively.
Leverage improves.
Fragmentation weakens landowners.
RECOMMENDED NEXT STEPS
Do not sign anything immediately.
Keep copies of all documents.
Notify the Landowner Coalition:
Fill out the landowner form or contact David Keller or Yolanda Alvarado (contact info listed below)
Consult an attorney experienced in federal eminent domain.
Request detailed engineering plans and exact disturbance footprint.
Consider coordinating with adjacent landowners before responding.
THIS IS A MAJOR DECISION
Granting a 36-month irrevocable construction right is not minor.
It may affect land use, access, water and floodplain conditions, property value, future development, and long-term property rights.
This deserves careful review.
This information is provided to help landowners make informed decisions.
Register with the Border Wall Landowner Coalition
Consult an attorney experienced in eminent domain/condemnation/water rights
Do not sign access agreements or survey permissions without legal review.
Document everything: names, dates, phone numbers, site visits, letters, emails, photos of flagged lines or stakes.
Secure your deed/chain of title, surveys, appraisals, easements, water/irrigation documentation, and any existing ROW agreements.
Notify the coalition to help track patterns and connect you to vetted resources.