Although the federal government withdrew its request to survey La Lomita Chapel property, a court ruled that the government has the right to access vacant brush land behind Juan Diego Academy in Mission where they will conduct environmental assessments and property surveys.
The court has granted the federal government the right to enter land owned by the Diocese of Brownsville.
In addition, the government is granted the right to trim or remove any vegetative or structural obstacles, but under the order, the government will need to notify the Diocese of Brownsville’s Attorney, David Garza, at least seventy-two hours in advance before they go on to the property.
To make it clear, this order is only for a right of entry, Garza said.
“The government can go in there and determine that they don’t want the land and if they don’t want the land that ends,” Garza said. “And if they decide they want to take that particular piece of land, then they have to file a lawsuit to actually take the land and at that time, I feel fairly certain that the battle may start up again.”
The order does not give the government any right to survey La Lomita Chapel Property.
The government has also agreed to not enter Juan Diego Academy as a means of accessing land they plan to survey.
The Diocese says the school is in no way threatened by the survey.