BROWNSVILLE, Texas (AP) — When the federal government began seizing private land along the U.S.-Mexico border to build a towering fence, Teofilo Flores was offered $1,650 for a slice of his backyard.
At first, it seemed like a square deal. But then the cotton grower learned that his neighbor had received 40 times more for a similar piece of land. And another nearby farmer pocketed $1 million in exchange for his cooperation.

Since 2008, hundreds of landowners on the border have sought fair prices for property that was condemned to make way for the fence. But many of them received initial offers that were far below market value. And dozens accepted those amounts without seeking any legal help, only to discover neighbors had won far larger settlements after hiring attorneys.
“You get angry. But that’s the way of life, I guess,” Flores said of the bigger payouts won by other landowners. “You know, people that got more money can afford to do more things.”
The disparities raise questions about the Justice Department’s treatment of hundreds of landowners from Texas to California who couldn’t afford lawyers and must now live with a massive steel barrier running through their farms, ranches and yards.
The wide variation in price “underscores how unfair these original offers were,” said attorney Corinna Spencer-Scheurich, who represented poor and middle-class landowners when the seizures began.

In this Sept. 6, 2012, photo, a tractor is used to farm in cotton field along a border fence that passes through the property in Brownsville, Texas. Since 2008, hundreds of landowners on the border have sought fair prices for property that was condemned to make way for the fence, but many of them received initial offers that were far below market value. Credit: AP
The federal government “is using its power, its clout, to try to take land from people at a price that is unfair. I think that is clear based on the settlements,” she said.
Federal attorneys say the initial offers represented only a starting amount that would permit the seizures to begin and could be adjusted later.
In 2006, Congress ordered construction of 670 miles of heavy metal fence to help curb illegal immigration. The project required landowners on the border to give up property that ranged from the size of a driveway to much larger farms and commercial lots.
The Constitution requires the government to provide compensation whenever it takes property for a public project using a process known as eminent domain.
About 400 landowners have been affected. Most are in Texas, because that state has more private property along the border than do New Mexico, Arizona or California, where much of the border land is already in federal hands.
An Associated Press analysis of nearly 300 Texas land cases found that most of the settlement money went to a small group of owners, all of whom had attorneys. The legal help appeared to pay off: Of nearly $15 million that has been paid out, 85 percent has been awarded to just a third of the property holders.

There are other reasons for the larger settlements beyond the advantage of legal representation. Many of the best-compensated landowners oversee large citrus groves or other commercial operations on land that is inherently more valuable.
They also stand to lose more from the rows of 18-foot rust-colored steel posts that now divide their land. Farmers, for instance, have complained that the fence slows down their work because large agricultural machines now have to drive around the bulky barriers.
Most of the fence construction was completed two years ago, but the government is still negotiating for land surrounding the project.
One recent case involved 8 acres at the entrance to a sable palm grove managed by The Nature Conservancy. The government initially offered $114,000, but in August the matter was settled for nearly $1 million.
The fence forced a developer to scrap plans for an entertainment district along the Rio Grande in Brownsville. The government’s first offer was $233,300. After a three-year legal battle that almost went to a federal trial, both sides settled for $4.7 million.
But those examples did nothing to help people such as Oscar Ceballos, the owner of a trucking business whose home is on the same half-acre as his fleet of tractor-trailers and his repair garage. Ceballos said he was first offered $1,600 to surrender about 60 feet of his property.

He called the offer ridiculous. But with no money to hire an attorney, he said, he went to a legal-aid clinic that agreed to take his case for free. He joined a group of 28 landowners who demanded a federal jury review their cases — the fiercest opposition to the fence along the entire border.
Ceballos accuses government attorneys of trying to sabotage his case by uncovering his assets and pressing his lawyer about why a free clinic would accept him as a client.
Eventually, Ceballos said, his lawyer told him he had taken the case as far as he could and suggested hiring a more skilled private attorney if he wanted to wring any more money out of the government. By that point, Ceballos had succeeded in getting nearly $40,000 more.
“They wouldn’t have paid me anything close to that if I didn’t have legal aid,” he said. “I guess that gave me a chance to fight the government a little bit. Some other people didn’t know or have the chance to fight the government, and they just took what they were offered.”
In response to inquiries from the AP, the Justice Department pointed to a 144-page federal guide on land seizures. When taking land, the government strives “to achieve a fair resolution for both the landowner and American taxpayers,” spokesman Wyn Hornbuckle said.
The agency declined to comment on unresolved cases.
Lawyers for the government have argued that the original lowball offers often served merely as down payments to permit the government to take the land quickly so construction could begin. The plan was for full compensation to be paid later after factoring in damage to property and the loss of market value. Some landowners’ attorneys concurred with that understanding.
During the earliest stages of the disputes, government attorneys asked that a land commission be created to decide compensation instead of bringing dozens of cases in front of jurors, but a judge rejected that request. No case has ever gone to trial.
Of the 28 landowners who asked for juries, the half who settled received additional checks that were on average 1,200 percent more than the original offer.
“The government finally came to its senses in those cases,” said attorney H. Dixon Montague, who negotiated the settlement for the now-dead entertainment district.
Flores signed a final agreement this summer closing his case.
The 75-year-old military veteran said he worked with an attorney for a time but was forced to let him go after being told it would cost $25,000 to get the case inside a courtroom.
Some of his neighbors also gave up fighting.
“You got to figure the cheapest way out,” he said.





















































































































Comments (45)
SilentReader
Oct. 15, 2012 at 3:00pmBig government can get away with anything. And they are! We have criminals in the White House.
Soon they’ll be taking the land without giving you anything in return. They’ll be stealing it. Like they’ve done in all Communist, Marxist, Socialist, Nazi, Islamist and Maoist countries.
Get a grip. This is tyranny and the more power you give the government the more power they will take. And they take it from we the people.
Report this comment
Texas Chris
Oct. 15, 2012 at 3:08pmI totally agree. Until the bureaucracy is met with armed resistance, it will continue to expand.
Report this comment
rabblechat
Oct. 15, 2012 at 10:50amThe folks cited in this article are stating that the fence passes “through” their land and that they have to drive equipment around it… Do these property owners own Land both in the U.S. and Mexico or is the federal government ceding sovereign territory to Mexico????
Shouldn’t this fence be built directly on the border?
Report this comment
mikem1969
Oct. 15, 2012 at 12:04pmIt should be, but it is not. If it was just on the border, it would take a lot more fencing material and be a jagged fence instead of a relatively straight one. Either way, if the farmers can drive their farm equipment around them, then what keeps the illegals from driving or for that matter walking around them unless the land owners have a gated system to go in and out.
Report this comment
noslave
Oct. 15, 2012 at 10:40amhey they learned from bill and hillary how to get rich,WHITEWATER,ROSE LAW FIRM,HILLARYS BANK DEALS,ETC. hell they even set aside national parks??with possible oil,etc riches,below for future sales to straw buyers(friends of theirs?)when oil becomes a cathstropie/national problem??maybe thats why obama is blowing taxpayer dollars,to his pals on windmills and solar first?then oil will become the issue?NEVER LET A CRISIS GO TO WASTE??ESPECIALLY IF YOU CAN GET RICH OFF IT??
Report this comment
charliegirl4u
Oct. 15, 2012 at 10:34amFair?
Nah, the “little muslim commie and regime” doesn’t play that (among other things) with us Americans…
Report this comment
Alky
Oct. 15, 2012 at 12:57pmYou would think with all the billions the administration wastes that giving land owners a fair price wouldn’t be a problem. :(
Report this comment
rockymtngal
Oct. 15, 2012 at 10:11am“Lawyers for the government have argued that the original lowball offers often served merely as down payments to permit the government to take the land quickly so construction could begin.” Yeah, right!
Report this comment
mildot rider
Oct. 15, 2012 at 9:54amOf course the Marxist regime wasn’t going to fair with landowners…the land does not belong to them under the “NEW WORLD FEDERATION”. Get used to it Amerika if the marxist filth wins again.
Report this comment
thekuligs
Oct. 15, 2012 at 9:53amOk, who the heck takes the first offer, ESPECIALLY from the government? Seller’s remorse.
Report this comment
Ilikepeople
Oct. 15, 2012 at 9:28amIt seems like people keep making the common mistake that Jesus is coming back while the world is a mess, but he is a pillar in Heaven so he isn’t coming back until the world has been made ready. You don’t actually think the Father would make a son into a prisoner like you are, and you do to your sons do you?
Report this comment
The_Jerk
Oct. 15, 2012 at 9:36amWhy not? He did it once before.
Report this comment
forthepeople
Oct. 15, 2012 at 9:40amAmen
Report this comment
woodyee
Oct. 15, 2012 at 9:43amGo get some coffee, young man. While you’re at it, step outside and tale a few deep breaths and look out towards the horizon. Breath. What you DO today will have an effect on YOUR tomorrow. What you DON’T do today will have an effect on YOUR tomorrow.
I hope your tomorrow is better than today.
Report this comment
kaydeebeau
Oct. 15, 2012 at 9:56amJustTim is that you???
Report this comment
Ilikepeople
Oct. 15, 2012 at 9:22amIt seems like the only thing worth hanging onto is the future, not the present, and not the past, but don’t mistake learning from it for hanging onto it. I think that was the main point for Jesus coming in the flesh.
Report this comment
Detroit paperboy
Oct. 15, 2012 at 9:08amAre they using the land to build a state of the art welcoming center and welfare office ??????
Report this comment
blanco5
Oct. 15, 2012 at 10:11amThat’s seems to be the most plausible reason when the gov is involved!
Report this comment
gyro
Oct. 15, 2012 at 9:06amdont get greedy fellow
Report this comment
chucksue351
Oct. 15, 2012 at 9:06amcome on it is evident that the government is so corrupt that al capone in his heyday would be embarrassed, the lunacy of a fence is like my putting up a fence around my property but have a sign that states “free goodies inside”
Report this comment
woodyee
Oct. 15, 2012 at 9:30amWhat do you suggest?
Report this comment
Kupo
Oct. 15, 2012 at 10:40amWoodeye
Short of dedicating the National Guard to border patrol or turning the entire border into a mine field there’s not much that can be done to curb illegal immigration. Those fences are ridiculously easy to bypass. They can be climbed, dug under, or cut through. This is a complete waste of money.
Report this comment
woodyee
Oct. 15, 2012 at 10:58amI have reason to disagree. The drug cartels are using the river to ferry drugs and illegals across the border, because the fence makes it difficult to drive them over, and the checkpoints are just a hair more thorough lately.
My solution would be to build a more effective fence more efficiently; to change US law to make it more difficult to engage in draining resources; to make law enforcement agencies more accountable in upholding immigration laws and social service administrations accountable in preventing fraud; and to make it so that illegal immigrants caught on the dole are banned from legal immigration for life, and that legal immigrants are not eligible for social services until 10 years after earning citizenship.
Report this comment
PaulreveresDarknight
Oct. 15, 2012 at 9:06amFair is in the eye of the beholder. GOD judges in the end. Fair is not here. But we have Greed. A million for the Jones farm??? What? Not fair.
Report this comment
pagraywolf
Oct. 15, 2012 at 8:59amThe federal government has been shortchanging people on prices for their land for as long as I can remember. They ripped people off where I grew up to build a dam. Nothing new here, folks.
Report this comment
loneindividual
Oct. 15, 2012 at 8:59amI’m not in favor of the government doing business any other way when looking for good deals….except that they shouldn’t be so cutthroat for people who really don’t stand a chance.
No one should feel that sort of despair….except in BATTLE.
We’re all American’s damnit.
Report this comment
Wolf
Oct. 15, 2012 at 8:56am“…Teofilo Flores was offered $1,650 for a slice of his backyard.
At first, it seemed like a square deal. But then the cotton grower learned that his neighbor had received 40 times more for a similar piece of land. And another nearby farmer pocketed $1 million in exchange for his cooperation…”
It seemed like a square deal until he got greedy. Not to side with the government, but the story is about greed- ‘Someone got more for the same dirt than I did,’ – it’s not about the government ‘stealing’ property through Eminent Domain- a practice I detest, to be sure. It’s all about siblings arguing over who got the biggest ice cream cone.
Report this comment
demsrtraitors
Oct. 15, 2012 at 8:51amyou’ll soon realize its not about keeping the illegals out, It will be to keep Whites and their money IN.
Report this comment
Cemoto78
Oct. 15, 2012 at 9:02amSounds more like the fence should be used to keep the lawyers out.
Report this comment
PaulreveresDarknight
Oct. 15, 2012 at 8:51amPast predicts future. Discrimination or did just Dems get the big offers? Why not by from Mex side?? They owe us, problem comes from that “side of the fence” Our gov preys on Us. U N wolves love it
Report this comment
RJJinGadsden
Oct. 15, 2012 at 8:51amSurely you know how this administration works. They’re just Americans, so screw ‘em. Sort of the same way Carter did over the Rio Grande treaty with Mexico.
Report this comment
woodyee
Oct. 15, 2012 at 9:37amGood morning RJ! I can’t find it (all I could find was the disastrous Torrijos- Carter Treaty). Do you have a link?
Report this comment
Ilikepeople
Oct. 15, 2012 at 8:50amYeah but when Mitt Romney gets in their he’ll wave his magic wand to make it all go away. Oh wait, no he won’t, because deep inside you’ll tell yourself he inherited Obama’s mess – while your lips say he didn’t because that’s what you really want to believe. So you’ll just short circuit, and sit there spinning and reeling doing nothing.
Report this comment
PaulreveresDarknight
Oct. 15, 2012 at 8:55amYou got a better idea then. If you arent part of solution you are the problem too
Report this comment
Ilikepeople
Oct. 15, 2012 at 9:10amIt’s not about me, and it is about you. What’s your idea? Because I’d be content with a comet slamming into earth.
Report this comment
woodyee
Oct. 15, 2012 at 9:40amI-LIKE-PEOPLE would “be content with a comet slamming into earth.” Such hatred…
“We must hate – hatred is the basis of communism. Children must be taught to hate their parents if they are not communists.” ~ Vladimir Lenin – 1923 Speech to the Commissars of Education
Report this comment
forthepeople
Oct. 15, 2012 at 9:51am“I’d be content with a comet slamming into earth. ” Sadly that ( or something else very devastating ) is what it takes to make these mind-led self indulged zombies we have become to really look at life?
For most of US have taken some shekels already its Human nature to be bought or bribed and that is what politics has turned into ?
Report this comment
The Jewish Avenger
Oct. 15, 2012 at 8:45amAnd dont worry, if they cant buy it, they’ll make it EPA protected land so they can claim you are abusing it by breathing near it or walking hurts the worms then just confiscate it.
Report this comment
sndrman
Oct. 15, 2012 at 8:38amwhy are some people more “fair” then others?this administration is all about “fair” but once again you can’t regulate “fair”……………
Report this comment
booger71
Oct. 15, 2012 at 8:33amThe US. government has always stole the land they claim they own in our name.
Report this comment
Snowleopard {gallery of cat folks}
Oct. 15, 2012 at 8:32amThe government cares nothing for the people; how long until Obama has lawful land owners evicted by armed force and their properties given to his cronies?
Report this comment
Thighmaster
Oct. 15, 2012 at 8:27amThe government is doing this to citizens who own abandoned railroad property as well. Didn’t the US government do this to the American Indian as well? Seems like a pattern…
Report this comment
AJAYW
Oct. 15, 2012 at 8:32amWe are the goverment – we’re here to help— Not!
Report this comment