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GLO Orders Federal Contractor to Cease Unauthorized Clearing of State Land

Texas Land Commissioner Dawn Buckingham sent a cease and desist letter to CBP and Barnard Construction after a federal contractor illegally cleared more than a mile of state land.

The Texas General Land Office has ordered a federal contractor to stop unauthorized work on state land after finding more than a mile of it illegally cleared, Land Commissioner Dawn Buckingham announced in a July 31 news release.

According to the agency, Buckingham sent a cease and desist letter to U.S. Customs and Border Protection and contractor Barnard Construction after the discovery. GLO leases do not allow any land modifications, excavations or construction without the agency’s written consent, the release said.

“Texas sovereignty will not be infringed upon by failure to follow established protocol,” Buckingham said in the release. “My office has a proven track record of strong border enforcement, and I applaud efforts to protect our border. 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.”

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The unauthorized activity disrupted significant grazing acreage, which the commissioner said has devalued the lease and diminished the agency’s ability to generate future revenue for the schoolchildren of Texas. The property’s lessee, Trans Pecos Ice LLC, has been notified that it is in breach of its lease agreement for allowing unauthorized access and has been instructed to take immediate steps to prevent further disturbance, according to the release.

The GLO is also demanding that all state land damaged by the reported activity be remediated and returned to its original condition. Barnard has been asked to work with CBP and the lessee to develop a proposed reclamation plan for the agency’s approval, the release said.

“The people of Texas entrusted the General Land Office with more than 13 million acres of state land, and we take that responsibility seriously,” Buckingham said. “We will work with our federal partners to keep the southern border secured, but we will not compromise the integrity of Texas state property to do it. State land is damaged, and it must be restored.”

The agency said it will continue to investigate the circumstances surrounding the reported activity, including communications between Barnard and its lessee, and has reserved all available legal remedies to address unauthorized use of or damage to state land.


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