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South Texans’ Property Rights Association

SENATE COMMITTEE CONSIDERS LAWSUIT IMMUNITY FOR SOUTH TEXAS LAND OWNERS

Tuesday, May 3rd 2011

Lawsuits stem from injuries and damage in law enforcement related events

South Texas landowners are seeking relief from lawsuits based on incidents arising from law enforcement efforts to curtail drug smuggling and human trafficking along the border with Mexico.
Drug smugglers and human traffickers are running amok across South Texas farms and ranchland, especially during high-speed Border Patrol chases, damaging private property and causing injuries over which landowners are being sued, according to testimony this morning before a Senate committee.
As many as 120 illegal aliens a day are coming onto one family-owned ranch in Brooks County, claimed a representative of the South Texas Property Rights Association. In addition to trespassing, Charles Lawrence and another witness described fence crashing, car wrecks, auto theft, hundreds of deaths and confiscated vehicles in recent years in an area near a checkpoint known as “the walk-around.”
An attorney reportedly located relatives in Mexico of three victims of a rollover occurring on a ranch during pursuit of a “coyote,” or human trafficker. The ensuing lawsuit names the family, the ranch and an oil company with drilling rights on the property, according to testimony. Mike Vickers said many landowners are keeping quiet because they are embroiled in litigation, and some are moving out of the Lower Rio Grande Valley.
The witnesses said they need enhanced liability protection from actions caused or precipitated by lawmen beyond what’s currently afforded them for the actions of trespassers. Senate State Affairs Chairman Robert Duncan (R-Lubbock) indicated a willingness to oblige. He said he plans later today to vote out SB 1417 by Sen. Juan Hinojosa (D-McAllen), who has tried to pass similar legislation at least twice before.
The bill would restrict additional liability protection to owners, lessees and occupants of agricultural land, regardless of whether or not they consent to lawmen or others coming onto their property. Landowners also would not be liable for damages or injuries subsequently occurring off their premises. Hinojosa explained that would cover accidents caused by livestock on roadways due to gaps cut in fences during chases.
The bill would extend liability protection to actions caused by federal as well as state and local law enforcement authorities. Landowners still would be liable for gross negligence or willful or wanton acts
By Patrick Graves