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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 10:01 am to AggieHank86
Posted on 2/17/19 at 10:01 am to AggieHank86
quote:
Landowners can challenge the validity of the “public use” and the validity of the “emergency” itself.
May or may not have success, but the avenue IS there.
I agree. That would not stop the construction. Until that would be ruled on, it's "That's nice...but move your shiit out of our way."
1
Posted on 2/17/19 at 10:07 am to Dale51
quote:You are mistaken. A lawsuit to challenge the validity of a given “taking” (as opposed to the compensation) does bar the actual “taking” until the matter is resolved.quote:I agree. That would not stop the construction. Until that would be ruled on, it's "That's nice...but move your shiit out of our way."
Landowners can challenge the validity of the “public use” and the validity of the “emergency” itself.
May or may not have success, but the avenue IS there.
All other things being equal, I suppose that Trump could start construction on an adjoining parcel, but all other things are not equal. You can bet dollars to donuts that someone will file a suit and get injunctive relief against the entire Emergency Declaration ... stopping all construction and all land acquisition until the validity of the Declaration is resolved.
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