Now that the University of Texas at Brownsville has escaped nearly unscathed from the border fence fracas, landowners are left to wonder what will happen to their own property.  Will the outcome of the university’s case translate into a less daunting–or, to paraphrase UTB President Juliet Garcia–a “friendlier” barrier. 

In court, no attorney has used the university’s situation as a standard to be applied in the cases of private landowners.  Judge Andrew Hanen and attorneys for both DHS and UTB have long alluded to the university’s situation as a unique one.   In a June hearing, Hanen referred specifically to Garcia’s difficult predicament.  He concluded the hearing by saying, in a characteristic touch of humor, “(UTB-TSC) has some pretty good athletes, but an 18-foot barrier is a hurdle even their own athletes can’t clear.”

A number of landowners I’ve spoken to have pointed to the outcome of the university’s case as a hopeful sign.  And they’re quick to remind me that the judge hasn’t yet capitulated to the government’s suggestion that contested property be handed over before land condemnations are settled.  But that could happen as soon as late August.  If it does, a number landowners could be left to question the rift between the university’s treatment and their own. 

Most residents along the Rio Grande rejoiced when they caught word of last week’s settlement.  But with the government December 31 deadline looming and Cameron County still fence-less, such exultation might quickly turn into bitterness. 

If that happens, the details of the university’s more-than-favorable settlement will be inevitably rehashed.  UTB triumphed thanks largely to its claim of exceptionalism.  But rarely does a claim of exceptionalism come without a barrage of criticism on behalf of the unexceptional.

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