I agree with your insightful analysis, but would add one more component - President Trump will overcome their obstruction and build the wall despite them.
Posted on 12/09/2019 3:59:02 PM PST by BeauBo
Say you got a ranch on the border.
A cartel contact offers you a million to fight your government...
Do you need help on how to make links?
property owners have no chance in an eminent domain case
I grew up along the border in the Rio Grande Valley, so I’m getting a kick out of these replies. Truth is the Valley is the most deep blue of areas in the state - more deep blue even than Austin. It’s been a Democratic bastion for decades. There’s no way Trump will get that land without really extensive litigation.
George Bernard Shaw
“this is going to the courts. Supposedly for years.
You might tweet that to President Trump.”
Some of the cases from from the Bush-era Secure Fence Act program are still in court.
They are only arguing about the final price, and their butt hurt. It did not stop construction - those wall segments are over a decade old.
Eminent domain is exercised routinely at the Federal, State and local level - it is not a showstopper, not some silver bullet. No road is built without using it. It is common. The Army Corps of Engineers, which is contracting the wall construction for DHS, has routinely included the exercise of eminent domain in their public works projects for over a century.
Of all people, a world class billionaire real estate developer would be quite familiar with eminent domain issues. Donald Trump has been personally involved with eminent domain issues for many decades. The heads of the whole Federal Government have sat in cabinet meetings with President Trump lighting a fire under their asses to get the wall built, and identify any potential delays - and periodically firing senior officials who fail to perform.
Really, what is the chance that this will be some kind of surprise to them all?
Given all that as it may, years and years, Bush wasn’t desperate to get a “wall’ up as critical to his re-election prospects.
“It’s been a Democratic bastion for decades. There’s no way Trump will get that land without really extensive litigation.”
I agree that they will litigate, but I disagree that the Government can’t get the land without it.
Bottom Line is that the Government can simply take (condemn) the land they need. It is relatively common practice, and a firmly established power in law. The litigation can drag on for years over price, but construction can begin tomorrow.
That is really the point of me posting this article. The first such condemnation (taking) was just filed last Friday. My guess is that the contractor has already been issued formal Notice to Proceed, and will be arriving on site and breaking ground in the next few weeks. The (former) property owner can knock himself out pursuing lawsuits over price for the next twenty years - he is not getting that land back.
The Government has been contacting landowners in the RGV, doing surveys, preparing appraisals and making offers all year - even earlier. They are ready to execute.
We are now getting to the point in the program schedule that construction must begin. Contracts have been awarded. Environmental waivers have been issued. Contractors are incurring costs hiring crews, purchasing materials and so on. The President has been briefed on the holdouts, and reportedly directed that they take the land.
In recent weeks, there have been reports that Government attorneys had been preparing the actions for filing.
Now it has started happening. The squealing will grow louder over the coming weeks. Merry Christmas to all!
“Bush wasn’t desperate to get a “wall’ up”
And even without being desperate, eminent domain was not a constraint.
Recent reports have indicated that Government attorneys were preparing the necessary filings. The first Trump-era taking was filed Friday - it is underway already. Likely more will be filed this week.
Those folks have been in discussions for months, and everybody who responded will have received carefully developed fair market offers before a filing for condemnation is resorted to, so they are not surprised by this.
We are down to the holdouts - either those trying to game a higher price, emotionally attached to the property, or members of the resistance.
I agree with your insightful analysis, but would add one more component - President Trump will overcome their obstruction and build the wall despite them.
Yup.
“Simple solution. Build our wall on their northern property line.”
I like the way you think.
“And give back to Mexico all that land we stole from them, fair and square?”
BS. We paid for that land, not to mention the question of where did they get the land.
“And give back to Mexico all that land we stole from them, fair and square?”
BS. We paid for that land, not to mention the question of where did they get the land.
“Texans fight”.... whatever.
That’s what they do!
“Build our wall on their northern property line.”
What!?!
And give back to Mexico all that land we stole from them, fair and square?
***************
No. We just keep the border where it is with a wire fence, or whatever exists currently. Illegals will be caught between their southern property line and the fence. Ice can periodically go in and clean them out.
“Yeah, stop injecting, LOL!”
I’ve been fighting that battle. It’s like an addiction.
In other news: https://www.freerepublic.com/focus/f-news/3799661/posts
I simply posted a link with information about the wall.
You are the pig and a cowardly pig for not pinging me.
Speaking of pig,
- onona (Just tell me where to muster, I’ll bring my shit)
Literally, you are.
Seriously, you can’t make this stuff up folks - LOL!
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