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Legal eagles out there...I understand there are a few landowners in TX....
Posted on 2/16/19 at 11:27 am
Posted on 2/16/19 at 11:27 am
that have or plan to sue over the NE declaration. Would they have to file in a court that would be overseen by the 5th Circuit? So if the 5th ruled in Trump's favor and the 9th ruled against Trump would the scotus typically hear the case sooner? Which circuit would have precedence if the 9th placed a stay on the NE?
12
Posted on 2/16/19 at 11:53 am to Dry Prong Wildcat
Bump because I want an answer
Posted on 2/16/19 at 12:01 pm to Dry Prong Wildcat
I also saw that California plans to file suit.
What will happen? Seems the owners that DO want the wall could simply allow the feds to build on their land. Once Jorge, Juan, Pepe and Diez are constantly coming and going over the unsecured borders of some of these people, it will portably convince them to come along.
What will happen? Seems the owners that DO want the wall could simply allow the feds to build on their land. Once Jorge, Juan, Pepe and Diez are constantly coming and going over the unsecured borders of some of these people, it will portably convince them to come along.
Posted on 2/16/19 at 12:09 pm to Dry Prong Wildcat
There won't be any eminent domain lawsuits
According to really informed posters
According to really informed posters
Posted on 2/16/19 at 12:17 pm to Dry Prong Wildcat
Maybe anecdotal, but in the Dallas Buyers Club the guy sued through the 9th Circuit. I can't remember the details but it involved the FDA.
Posted on 2/16/19 at 12:19 pm to Dry Prong Wildcat
quote:Yes, the Rio Grande landowners would probably file in the Southern District of Texas, which reports to the 5th Circuit. If I were representing those Texas landowners, I would be scrambling to find a way to file in the DC Circuit oor something. Who knows if that would be possible, though.
I understand there are a few landowners in TX ... that have or plan to sue over the NE declaration. Would they have to file in a court that would be overseen by the 5th Circuit? So if the 5th ruled in Trump's favor and the 9th ruled against Trump would the scotus typically hear the case sooner? Which circuit would have precedence if the 9th placed a stay on the NE?
Yes, incompatible rulings from the 5th and 9th would likely result. No, I do not think that would speed the process. Given the nature of the issue, it would more quickly (for a court proceeding) to SCOTUS in any case.
This post was edited on 2/16/19 at 12:20 pm
Posted on 2/16/19 at 12:20 pm to JuiceTerry
San Diego to El Paso already has a 60 foot easement.
Google Roosevelt Reservation when you get done screaming at the sky.
Also, it is going to be popcorn worthy watching the left declare the Bundy types heroes now.
Google Roosevelt Reservation when you get done screaming at the sky.
Also, it is going to be popcorn worthy watching the left declare the Bundy types heroes now.
Posted on 2/16/19 at 12:28 pm to IllegalPete
quote:
Before that existing fencing went up, the federal government launched its most aggressive seizure of private land in decades. In less than a year, the U.S. Department of Homeland Security filed more than 360 eminent domain lawsuits against property owners, involving thousands of acres of land in the border states of Texas, New Mexico, Arizona and California. And in countless cases, the government gave landowners lowball offers based on flawed appraisals. Many of those land seizure cases remained tied up in court more than a decade later.
Don't be a Clown
Posted on 2/16/19 at 12:30 pm to JuiceTerry
There are still eminent domain lawsuits from the bill bush passed.
There will be plenty of lawsuits and those people should win. Like trump or not, I am not a commie. I believe in private property
There will be plenty of lawsuits and those people should win. Like trump or not, I am not a commie. I believe in private property
Posted on 2/16/19 at 12:31 pm to Dry Prong Wildcat
Most large landowners down there are MAGA.
People don’t get to where they own thousands of acres and vote Dem
People don’t get to where they own thousands of acres and vote Dem
Posted on 2/16/19 at 12:41 pm to JuiceTerry
quote:
There won't be any eminent domain lawsuits
According to really informed posters
I don't know the answer but I'd imagine the government has an easement to land right next to the border of another country
Posted on 2/16/19 at 12:59 pm to Dry Prong Wildcat
quote:
I understand
Where did your understanding come from? Did the landowners write you a letter?
Posted on 2/16/19 at 1:02 pm to Zach
Because I have no idea... but why wouldn't the fed govt impose an easement on all national border property? Much like states and local govt does with property owners... so yeah you own it, but if we need access you must yield right of way.....
Posted on 2/16/19 at 1:08 pm to Dry Prong Wildcat
In eminent domain the government tries to negotiate a price with the landowner, if this fails they simply seize the land and start building and the case goes to court.
The seizure is a done deal, the only thing worked out in court is the money.
The seizure is a done deal, the only thing worked out in court is the money.
Posted on 2/16/19 at 1:10 pm to Dry Prong Wildcat
The sad fact is the government can easily seize the land.
Hell, I know people here is New Orleans who have had land seized by the parish for purely financial reasons which is against the spirit of the law but it was held up by the State Supreme court.
By the way, if the wall is built on either side of those property owners, they aren't going to like it when there is a flood of illegals across their property because it is open.
Hell, I know people here is New Orleans who have had land seized by the parish for purely financial reasons which is against the spirit of the law but it was held up by the State Supreme court.
By the way, if the wall is built on either side of those property owners, they aren't going to like it when there is a flood of illegals across their property because it is open.
This post was edited on 2/16/19 at 1:11 pm
Posted on 2/16/19 at 1:12 pm to Dry Prong Wildcat
I member when most patriots considered eminent domain an abhorrent practice.
Posted on 2/16/19 at 1:13 pm to Dry Prong Wildcat
Obama's ACA only required his mighty pen and paper. And nobody, including the courts, could do shite about it.
So why is Trump's pen not as powerful, for a legitimate national security issue? Any answer other than "Orange Man Bad" would be nice...
So why is Trump's pen not as powerful, for a legitimate national security issue? Any answer other than "Orange Man Bad" would be nice...
Posted on 2/16/19 at 1:14 pm to TigerAxeOK
quote:
pen and paper.
Pen and a phone by Jug Ears.
Posted on 2/16/19 at 1:15 pm to Green Chili Tiger
quote:Some of us still do.
I (re)member when most patriots considered eminent domain an abhorrent practice.
Posted on 2/16/19 at 1:37 pm to Green Chili Tiger
quote:yep, most PT board patriots didn't like ED
I member when most patriots considered eminent domain an abhorrent practice.
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