LTE -> RE: Eminent Domain to seize border wall land...harms American Property (12/21/2017 9:26:46 PM)
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ORIGINAL: MrRodgers More: President George W. Bush’s push for comprehensive immigration reform, which would have legalized the unauthorized immigrants in the United States, gave the hawks their opportunity. In 2006, Congress approved the Secure Fence Act mandating nearly 700 miles of fencing on the border. The president signed on to the bill hoping to placate the secure-the-border-first crowd and obtain the humane immigration changes that he wanted. This sales job enabled it to pass with bipartisan support from the likes of Barack Obama and Hillary Clinton. The immigration reform never materialized, but fence construction was nearly complete by 2009, and there are now 617 total miles of physical barriers, 36 miles of which have two layers. Here's the rub: Trump has been adamant that his wall will be built “ahead of schedule.” For that to happen, he’ll need to avoid the various legal issues that plagued earlier efforts. Entities other than the federal government-states, Indian tribes, private individuals-control over two-thirds of borderland property. Private parties own the vast majority of the border in Texas, and for this reason, roughly 70 percent of the existing border fence is located in California, Arizona, and New Mexico. Almost all of it is on federally controlled land. The Bush administration bullied property owners, threatening to sue them if they did not “voluntarily” hand over the rights to their land. It offered no compensation for doing so. Thinking that they had no recourse, some people signed off, but others refused. The government then attempted to use eminent domain, a procedure Trump has long defended, to seize their property, but the lawsuits imposed serious delays-seven years in one case. In 2009, the Homeland Security inspector general concluded that the Border Patrol had “achieved [its] progress primarily in areas where environmental and real estate issues did not cause significant delay.” One intransigent resident had owned his property since before the “Roosevelt easement,” which gives the federal government a 60-foot right of way along the border. He fought the administration, so the fence had until recently a 1.2-mile gap on his land. Border residents fought more than a third of all land transfers, in fact. Because the Constitution promises just compensation for takings, Trump can do little to speed this process. Native American tribes also have the capacity to stop construction of barriers. The Tohono O’odham Nation, which has land on both sides of the border, has already pledged to fight any efforts to build a wall there. In 2007, when the tribe allowed vehicle barriers to be constructed, the Bush administration ended up desecrating Indian burial grounds and digging up human remains. The new president would need a stand-alone bill from Congress to condemn their land. Senate Democrats can (and likely would) filibuster such an effort. Water rights have also been a problem for the fence. A 1970 treaty requires that the floodplain of the Rio Grande remain open to both sides of the border. The Obama administration attempted to build fences along the river anyway, but the treaty and the river’s floods forced the barrier to be placed so far into the interior of the United States that it has many holes to allow U.S. residents access to their property. These also provide an opportunity for border crossers. HERE Whew. The only response required is the safety and sovereignty of the United States trumps (no pun intended) all that stuff, Constitutionally. It only take a strong President to get the wall done which is why he was hired. The President has the power to do what it takes to defend the U.S. from enemies foreign and domestic. This is in his Oath of Office by no accident or coincidence which is why some liberal courts can be used to slow him down in the execution of that oath but not stop him as we have seen already if you recall what the Supremes just did in support of his Constitutionally charged duty to defend the U.S.
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