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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 Vacherie Saint
Posted on 2/17/19 at 10:29 am to Vacherie Saint
quote: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.quote:That’s just your opinion. And a bad one at that. We already have infrastructure along much of the border,
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
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 on 2/17/19 at 10:29 am to CivilTiger83
quote:
Why even get an easement on public land? Most easements I am familiar with are primarily for private property.
![](https://images.tigerdroppings.com/Images/icons/shrug.gif)
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 on 2/17/19 at 10:29 am to Jjdoc
quote:
The Roosevelt Easement
Does not include Texas, that's where the building headaches are.
Posted on 2/17/19 at 10:33 am to IllegalPete
quote:There are lots of easements on public land. Utility easements. Roadway easements. Etcetera.quote: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.
Why even get an easement on public land? Most easements I am familiar with are primarily for private property.
They very well could be fake news.
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 on 2/17/19 at 10:35 am to AggieHank86
quote:
Yes. The NEA does not suspend the Constitition.
What is unconstitutional about it?
Posted on 2/17/19 at 10:54 am to Ham Malone
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 on 2/17/19 at 11:01 am to Dale51
quote: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.quote:What is unconstitutional about it?
The NEA does not suspend the Constitition.
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 on 2/17/19 at 11:12 am to AggieHank86
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 on 2/17/19 at 11:14 am to highcotton2
quote: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).
How about private companies seizing other private land for economic benefit which the Supreme Court has ruled in favor of in the past.
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 on 2/17/19 at 11:29 am to AggieHank86
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 on 2/17/19 at 11:33 am to highcotton2
quote: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.
Exactly the facts of that case.
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 on 2/17/19 at 11:45 am to AggieHank86
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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