By Jessica Domel
Field Editor

The day Clay County farmer Tommy Henderson feared would never arrive is finally here. Thirty years, a court battle and many meetings later, the Byers resident has regained 94 acres he lost to the federal government in a judgment in the 1980s.

“We believe this sets a precedent for other farmers in the area whose property is in dispute,” Texas Farm Bureau President Russell W. Boening said. “We hope other members and landowners will see resolution soon as well.”

Henderson expressed deep satisfaction with the decision.

“It just gives you a good feeling all over that people have worked together to do the right thing,” Henderson said. “It’s such a relief.”

The 90-plus acre parcel of Henderson’s land was awarded to the Bureau of Land Management (BLM) in a dispute between Tommy and an Oklahoma neighbor. The case revolved around the changes in the Red River and its boundaries. On July 30, his hopes became reality when Steve Tryon, field agent for BLM, returned 94 acres of land to Henderson on the steps of the Clay County Courthouse in Henrietta.

“We’ve been working on this thing for a long time, and you brought it to our attention again last year,” Tryon said. “We’re very pleased that the process has been able to work for you and your private land is coming back to you. I present you with a patent on behalf of the United States government.”

A small crowd gathered as Tryon presented Henderson with the patent. Clay County Judge Kenneth Liggett was there with Texas Farm Bureau to congratulate the landowner he worked with to regain the land.

“It means a victory for Tommy, for the community and for the United States. It’s what should have been done 30-something years ago when they had the lawsuit. They came back and have corrected it now and are doing what’s right,” Liggett said.

Henderson got his land back through what’s called “the color of title.” Land and tax payments he’s made in the past were counted in the calculations to determine how much it would cost for Henderson to buy back the disputed land.

“It’s been a long, time-consuming process, but the last year and a half has been rapid and fast. I really appreciate Steve Tryon and Texas Farm Bureau and all the work they’ve done to make it right, and I feel like they have,” Henderson said.

Henderson isn’t the only Texan with land in question. Others along the Red River have similar stories they’re hoping will soon see an ending like this.

“A good thing for all landowners who are interested in using current legal remedies to do would be to visit with our office before they file an application,” Tryon said. “We’ll lay out the steps, the timing and the calendaring and make sure we get staff assigned to come down here on this.”

The BLM’s Oklahoma Field Office has added a realty specialist to their staff to help landowners who want to regain their lost land.
There are other options for landowners, as well. Texas Farm Bureau and Congressman Mac Thornberry’s office are working together on a Congressional fix for other landowners affected by land disputes on the Red River.

“The bill that Sen. (John) Cornyn and I are working on really needs to move forward so we can get this solved for everybody, not just one landowner,” Thornberry said.

The legislation will help affirm private property rights, according to Thornberry, and make sure other landowners don’t have to endure what Henderson has.

“This achievement gives us reason to believe we can solve this issue for everyone,” Boening said. “It’s a great day for Tommy, a great day for Texas Farm Bureau and a giant win for private property rights in Texas.”

Henderson encourages fellow landowners who can to also work with the BLM to resolve clouded title issues.

“It’s taken a while, but we know the process now,” Henderson said. “I feel like it will go smoother and easier from this point on.”
In the meantime, Henderson’s newly private land will be put to good use.

“We’re going to re-fence it and graze it. This is always the best grazing down in the spring. It fills a gap that I have between winter and summer grazing,” Henderson said. “It’s an integral part of the operation.”

And with that land back in Henderson’s hands, the farmer is proud knowing his family’s legacy has finally been restored.

In