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re: Allow me to introduce to our LEFTies a 100 year old Truth.... The Roosevelt Easement

Posted on 2/17/19 at 10:29 am to
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 2/17/19 at 10:29 am to
quote:

quote:

Roadway construction (especially expansion of existing roadways, which describes the vast majority of the interstate highway system) has long been established as a valid use of eminent domain. The same cannot be said of the Wall project, as currently envisioned
That’s just your opinion. And a bad one at that. We already have infrastructure along much of the border,
Not really. The existing infrastructure was specifically authorized by Congress in the Secure Fence Act and its predecessors. None of it was constructed under an Emergenct Declaration.

The validity of doing so has not yet been resolved.

That is a statement of fact, not a matter of opinion. An opinion would be “and the Courts will likely approve (or preclude) tje use of the NEA for this purpose.
This post was edited on 2/17/19 at 10:30 am
Posted by IllegalPete
Front Range
Member since Oct 2017
7182 posts
Posted on 2/17/19 at 10:29 am to
quote:

Why even get an easement on public land? Most easements I am familiar with are primarily for private property.






I had posted about it earlier yesterday and called a few people dumb fricks. Decided to read up on it and there was not a lot of info. The wiki page doesn't mention public or private land, but a few articles did.

They very well could be fake news.
Posted by dr smartass phd
RIP 8/19
Member since Sep 2004
20387 posts
Posted on 2/17/19 at 10:29 am to
quote:

The Roosevelt Easement


Does not include Texas, that's where the building headaches are.

Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 2/17/19 at 10:33 am to
quote:

quote:

Why even get an easement on public land? Most easements I am familiar with are primarily for private property.
I had posted about it earlier yesterday and called a few people dumb fricks. Decided to read up on it and there was not a lot of info. The wiki page doesn't mention public or private land, but a few articles did.

They very well could be fake news.
There are lots of easements on public land. Utility easements. Roadway easements. Etcetera.

An easement for a Wall would arguably be necessary to ensure that the property in question would not later be used for some other purpose.
Posted by Dale51
Member since Oct 2016
32378 posts
Posted on 2/17/19 at 10:35 am to
quote:

Yes. The NEA does not suspend the Constitition.

What is unconstitutional about it?
Posted by IllegalPete
Front Range
Member since Oct 2017
7182 posts
Posted on 2/17/19 at 10:54 am to
quote:

This is the worst part of political discourse, people hear “facts” that they want to believe and will defend those “facts” even in the face of clear evidence to the contrary.


That describes 90% of this forum.

Before yesterday Juicy and Hank had never even heard of the Roosevelt Reservation. They were screaming at the sky about government taking land from sea to shining sea.

Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 2/17/19 at 11:01 am to
quote:

quote:

The NEA does not suspend the Constitition.
What is unconstitutional about it?
Go back and read my posts that precede the one to which you replied. I did not say that the exercise of eminent domain for a Wall under an Emergency Declaration IS unconstitutional. I said in essence that the question has not yet been resolved.

A landowner could make a good faith claim that construction of a border Wall that has NOT been approved by Congress is NOT a valid “public use” for purposes of the 5th Amendment. This would be entirely consistent with prior use of eminent domain for fencing under the Secure Fence Act, precisely because THAT use of the power WAS authorized by Congress.
Posted by highcotton2
Alabama
Member since Feb 2010
9497 posts
Posted on 2/17/19 at 11:12 am to
quote:

Roadway construction (especially expansion of existing roadways, which describes the vast majority of the interstate highway system) has long been established as a valid use of eminent domain.


How about private companies seizing other private land for economic benefit which the Supreme Court has ruled in favor of in the past.
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 2/17/19 at 11:14 am to
quote:

How about private companies seizing other private land for economic benefit which the Supreme Court has ruled in favor of in the past.
Not exactly the facts of that case, but one could certainly argue that this was the end result of the actual facts (with several intervening steps).

With that caveat, yes, the SCOTUS has indeed addressed that issue. I disagree with the ruling, but they HAVE addressed it.

Of course, Congress also promptly prohibited such exercise of eminent domain in any project utilizing any federal funds. Kudos to Senator John Cornyn.
This post was edited on 2/17/19 at 11:28 am
Posted by highcotton2
Alabama
Member since Feb 2010
9497 posts
Posted on 2/17/19 at 11:29 am to
quote:

How about private companies seizing other private land for economic benefit which the Supreme Court has ruled in favor of in the past



quote:

Not exactly the facts of that case,


Yea that pretty much is the Exactly the facts of that case.


quote:

Kelo v. City of New London, 545 U.S. 469 (2005),[1] was a case decided by the Supreme Court of the United States involving the use of eminent domain to transfer land from one private owner to another private owner
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 2/17/19 at 11:33 am to
quote:

Exactly the facts of that case.
As I said, the net effect was essentially the same, but the private entity did not exercise eminent domain. The City did that, took title, then transferred to the private entity.

When you quote Wikipedia for your factual recitations, they will often be over-simplified for the masses.
This post was edited on 2/17/19 at 11:35 am
Posted by classof79
Member since Feb 2019
23 posts
Posted on 2/17/19 at 11:45 am to
Not a snark question, Mr. Hank, but could JuiceTerry's mom's family have also filed a suit stopping the construction of I75?
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