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The Wall/Eminent Domain

Posted on 1/29/17 at 6:57 am
Posted by CharleyLake
Member since Oct 2006
1324 posts
Posted on 1/29/17 at 6:57 am
Let us assume that President Trump goes forward with his plans for a wall on the southern boundary of the United States. Let us also assume that much of the land is owned by private landowners.

If the governments needs to acquire much of this land by its power of emindent domain by expropriation, would it be realistic for it to be tied up in the courts for many years?
Posted by Crimson Wraith
Member since Jan 2014
24747 posts
Posted on 1/29/17 at 7:03 am to
Gubment has a 60 foot right of way on the entire border.

I'd be willing to bet 99% of those folks with illegals streaming across their land would have no problem with the gubment building that fence/wall.

26GAO-09-244R.

27 ... President Theodore Roosevelt reserved a 60-foot strip along the international boundary with Mexico for the United States to maintain the area free from obstructions as a protection against the smuggling of goods between the United States and Mexico.

In effect, the Roosevelt easement provided the federal government with a 60-foot border right-of-way on which it could build the fence.

This post was edited on 1/29/17 at 7:05 am
Posted by CamdenTiger
Member since Aug 2009
62423 posts
Posted on 1/29/17 at 7:03 am to
Fed Govt owns the border, and it's their job to protect it. They'll do what they want.
Posted by CharleyLake
Member since Oct 2006
1324 posts
Posted on 1/29/17 at 7:26 am to
I was not aware of the gubment easement. Thanks. Don't you think that there will be ingress and egress problems and problems with the necessity of large areas of "temporary" work spaces with private owners? I suspect that the remaining 1% landowners could conceptualy legally tie this up for many years.

I only ask out of curiosity because I have had some issues with private for profit pipeline companies using eminent domain as a reason to acquire land where the "public necessity" resulults in materials to make a joint of plastic pipe.
Posted by Crimson Wraith
Member since Jan 2014
24747 posts
Posted on 1/29/17 at 7:40 am to
Any landowner that wants to cause a problem with the fence/wall should have his land left totally unprotected from the south.

Then we should setup a perimeter just off the north, east and west of their other property lines and catch the thugs after they ransack his place.

One moron or a few morons do not trump the national security of the entire nation.
Posted by CharleyLake
Member since Oct 2006
1324 posts
Posted on 1/29/17 at 8:27 am to
Certainly a viable solution for anyone with possessions. There are many areas of private-owned land that are barren along the border that do not have even a tar paper shack.

Take a look at the protesters. There will be more than a few morons for sure.
Posted by JPinLondon
not in London (currently NW Ohio)
Member since Nov 2006
7855 posts
Posted on 1/29/17 at 9:03 am to
quote:

Gubment has a 60 foot right of way on the entire border.

I'd be willing to bet 99% of those folks with illegals streaming across their land would have no problem with the gubment building that fence/wall.

26GAO-09-244R.

27 ... President Theodore Roosevelt reserved a 60-foot strip along the international boundary with Mexico for the United States to maintain the area free from obstructions as a protection against the smuggling of goods between the United States and Mexico.

In effect, the Roosevelt easement provided the federal government with a 60-foot border right-of-way on which it could build the fence.

Fascinating. Thank you!!
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