To help address a variety of questions and provide a go-to resource on potential legal issues Texas landowners may face relating to the border, a expert and others have developed the Texas Landowner Border Law Handbook.
The free, 23-page handbook addresses the general legal ramifications associated with the increase in border crossings and threats to private property. It also provides information regarding law enforcement, federal and state jurisdiction, landowner liability and other important legal considerations.
Border legal issues
Texas landowners along the Texas-Mexico border face numerous challenges in protecting their land and property, said Tiffany Lashmet, J.D., AgriLife Extension agricultural law specialist in the Texas A&M Department of Agricultural Economics, Amarillo, and one of the publication’s authors.
“We hope this new handbook will go a long way toward helping Texas border landowners better understand various legal issues,” Lashmet said. “And while it does not hold all the answers, we believe it provides a useful overview of relevant statutory and case law concerning the issues facing Texas landowners along the border.”
Texas border facts and concerns
The border between Texas and Mexico makes up 64% of the U.S. southern boundary with Mexico, according to the Texas Department of Transportation. The 1,254 miles of common border are joined by 28 international bridges and border crossings.
At least 32 Texas counties lie within 100 miles of the border with Mexico, with issues that arise from the border directly impacting the lives and livelihoods of residents. These issues vary from economic development, citizen security, drug control, migration and human trafficking to environmental protection and public health.
With an increase of illegal crossings at the Texas-Mexico border, Texas communities and landowners have seen an increase in migrant traffic through their properties and growth in damages associated with it.
“What are sometimes overlooked or insufficiently addressed in border policy discussions are the direct impacts of border crossings on Texas landowners and producers who live and operate in the counties adjacent to the border,” Lashmet said.
Handbook content
Along with Lashmet, other handbook authors are James Bradbury of James D. Bradbury PLLC, Austin/Fort Worth, and students Hagan Wright and Amy Blake Teague, with the Texas A&M University School of Law and the Texas Tech University School of Law, respectively.
Handbook content has been categorized into the following sections:
- Current State of the Border.
- Who Has Jurisdiction?
- Texas Law for Landowners.
- Frequently Asked Questions.
- Best Practices for Landowners.
There is also a section with contact information for Texas law enforcement agencies.
An online version of the handbook can be ordered at no cost via the AgriLife Learn site using publication code AGEC-PU-195.
