Posted on 12/09/2019 3:59:02 PM PST by BeauBo
The offer is almost 8k per acre..... seems above reasonable to me
East of that the local gov'ts want to charge for getting rid of "your" water.
“the courts have been clear that uncertainty about whether Congress has authorized eminent domain has to be resolved in favor of the property owner”
There is no such uncertainty.
Congress has passed laws that grant the Executive Branch broad authority to determine what is in the public interest, since the condemnation of 1888. Powers were expanded under the New Deal, and specific authority for taking border lands has been written into several laws.
It was widely done under the 2006 Secure Fence Act (the Bush-era barrier program).
I believe you are correct.
That, sadly, isn’t enough. The easement also doesn’t allow construction vehicles off onto the land it’s next to, which is also room the project needs.
see post 36.....i posted to wrong poster
No doubt there are many laws and expanded laws, but since you looked that up how about a link like I provided.
Different circumstance if Congress authorized funding.
This reminds us that the Democrats were for border security before they were against it.
People in our area lost paid for homes to build a damned football stadium for the Cowboys. You’re losing your ranch land so we can build a wall to protect the country.
People are gaining, economic compensation opportunities.
I encourage all landowners to accept (injecting that for the petty Fanboys inventing crap about me).
Pretty cut and dry in SCOTUS decisions... Any land within 100 miles of the border can be seized by the federal government for any purpose they deem required to provide for national security.
Come on, liberals, challenge it and open the door to reexaminations of such crappy SCOTUS decisions such as one man one vote and Roe v Wade...
Remember, under W., it was TX. Republican Senator Kay Bailey Hutchinson who allowed landowners to sue.
The Declaration of Taking Act, passed during the Roosevelt Administration, when they were hot to emulate their fascist role models in Europe (in Roosevelt’s very first cabinet meeting, they distributed books by Giovanni Gentile, who was called “the Philosopher of Facism”, and ghostwrote some of Mussolinis works).
The Declaration of Taking Act allows the Executive Branch to seize private property the same day, simply by issuing a “Declaration of Taking”. Former owners can go to the courts to settle the amount of compensation, but construction can begin immediately, enforceable at the barrel of a (police) gun.
The Trump Administration has gone to great lengths to contact property owners long in advance, and prepare careful appraisals for value.
Of the approximately 400 private property owners impacted in the approximately 100 miles contracted for construction in the RGV, some unknown number have already settled.
In the first few months of the administration, explicit guidance was given to ensure that adequate funds were budgeted for compensation of landowners - one of the big lessons learned from the Bush-era program. The overall cost estimate for the border wall was raised by several billion dollars during that period (upgraded specifications for the barrier system were also contributors to that increase).
In the end however, the Federal Government (Executive Branch) can pull up with a construction crew, a border Patrol Officer, and a piece of paper, any day of the week, and get right to work.
The person in the story lives about half a mile from the Rio Grande and they want to run the wall through his property.
“Texans fighting Texans.”
Where whiskey is for drinking, and water is for fighting over....
“Different circumstance if Congress authorized funding.”
The funding for the construction in the Rio Grande Valley is from direct Congressional appropriations, not diverted from DoD.
Good luck with that Taking Act. What I seen posted here, and from article on the web is that this is going to the courts. Supposedly for years.
You might tweet that to President Trump.
Would save a lot of judiciary hassle.
If your a border state, the cartel money is much greater.
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