Texas Land Commissioner Dawn Buckingham has sent a cease-and-desist letter to U.S. Customs and Border Protection, alleging that a contractor hired by the agency trespassed and illegally cleared over a mile of state land.
In the Friday letter to CBP, Buckingham explains that Barnard Construction, one of the many companies awarded a federal contract to build the border wall, has “trespassed across and substantially altered the topography of GLO-managed state lands” located in Presidio County.
Barnard also received a letter from the General Land Office with the same allegations.
“Texas sovereignty will not be infringed upon by failure to follow established protocol,” stated Buckingham. “I am committed to maintaining a positive relationship with CBP, but we will not allow rogue actors who breached our agreement to undermine the incredible work we do for Texas.”
Buckingham added that although she will work with federal partners to secure the southern border, she will not compromise “the integrity of Texas state property to do it. State land is damaged, and it must be restored.”
The lease for the land under scrutiny is currently held by the Trans Pecos Ice LLC, which owns the Moody Bennett Ranch located along the Rio Grande in West Texas.
The lease encompasses more than 10,000 acres.
Trans Pecos Ice LLC is owned by Ryan Seider, co-founder of the billion-dollar YETI company.
According to Houston Public Media, the Moody Bennett Ranch has been cooperating with Barnard Construction in many avenues for the construction of the wall including “possible worker housing and actual building of the wall.”
The ranch gained recognition in the 1950s after then owner Lymann Moody Bennett shot a horse from out under a Border Patrol officer over a dispute regarding illegal alien workers.
Trans Pecos has also received a letter instructing it to take immediate measures to prevent further trespass while officials examine its communications with Barnard leading up to the incident.
In all three letters, Buckingham states that the lease held by the Trans Pecos “does not allow for any modifications, excavations, or construction activities on the Lease property without GLO’s express written consent,” which she says neither Trans Pecos, Barnard, or the CBP have received.
She is also demanding that damaged lands be restored and “returned to their original condition.”
Trans Pecos was also instructed to develop a reclamation plan with Barnard Construction and CBP to be submitted to the GLO for approval.
A CBP spokesperson told Texas Scorecard that they have been made aware of the situation and are working to resolve it.
“CBP values its partnership with the TX GLO. We are working with the contractor and the TX GLO to enhance communication and resolve this incident.”
