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Why private property owners may be the biggest obstacle to Trump's wall (Build the wall)
My Statesman ^ | Posted: 12:35 p.m. Friday, March 31, 2017 | By Sean Collins Walsh - American-Statesman Staff

Posted on 04/10/2017 6:21:26 AM PDT by cba123

(this is pretty good)

Please click to the link, for the article.

Includes a video.

(Excerpt) Read more at mystatesman.com ...


TOPICS: Business/Economy
KEYWORDS: clickbait; eminentdomain; globalism; thewall
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To: cba123

What a joke. They can accept payment for the land or have it confiscated; either way BUILD THE WALL.


21 posted on 04/10/2017 6:51:40 AM PDT by central_va (I won't be reconstructed and I do not give a damn.)
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To: McGavin999

I like that!!


22 posted on 04/10/2017 6:53:08 AM PDT by ClearCase_guy (Abortion is what slavery was: immoral but not illegal. Not yet.)
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To: cba123

What a joke. They can accept payment for the land or have it confiscated; either way BUILD THE WALL.


23 posted on 04/10/2017 6:53:31 AM PDT by central_va (I won't be reconstructed and I do not give a damn.)
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To: headstamp 2

“Good, build the wall so it funnels illegals through his property. He’ll come around.”

Lol! :)


24 posted on 04/10/2017 6:54:27 AM PDT by Cats1
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To: faucetman

Best argument for eminent domain I can think of.


25 posted on 04/10/2017 6:55:44 AM PDT by Quality_Not_Quantity
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To: cba123

After already backing off of certain aspects i’d be surprised if the wall gets built at all...

Hell, we have every branch of Gov and we STILL cant repeal Zero Care!!


26 posted on 04/10/2017 6:56:43 AM PDT by wyowolf (Be ware when the preachers take over the Republican party...)
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To: faucetman

I have property that was split by a road and the telephone, power, water, sewage whatever can do anything the want along the easement.

It doesn’t always seem fair, but it is what it is. Build the damn wall!


27 posted on 04/10/2017 6:57:39 AM PDT by FreeAtlanta (what a mess we got ourselves into)
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To: wyowolf

Repeal and REPLACE Obamacare.

:D

Repeal and replace.


28 posted on 04/10/2017 6:57:43 AM PDT by cba123 ( Toi la nguoi My. Toi bay gio o Viet Nam.)
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To: cba123

Fool who wrote the article knows little or nothing about Eminent Domain.

Yes, such cases can drag on for years, but unless a very rare issue is presented, such as it was in Bridgeport, CT, the actual taking of the property is not the triable issue.

The triable issue is the amount of compensation for the property seized under Eminent Domain; how much the government will pay to the person from whom the property has been taken.

The taking almost always occurs very quickly, so as not to inhibit the project. And yes, the courts understand the taking may well have significant negative impact on those from whom the property is taken. The impact can be present or future, monetary of emotional, etc.

That’s why the price paid for the taking is often more than just the raw cost of the taken land.

But the monetary compensation issue will not slow construction of the wall. It will only affect the final price of the project.


29 posted on 04/10/2017 7:02:35 AM PDT by Strac6 ("We sleep safe in our beds only because rough men stand ready to visit violence on the enemy.")
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To: Dusty Road
Texas was going to have a fence until Senator Kay Bailey Hutchinson shot it down by allowing the landowners to sue. Cruz took over her seat but it's still the same two faced talk on the border. Don't forget Lying Cruz and Glenn Beck were handing out teddy bears at the border. Either Trump mans up and forces the wall through or we'll continue to be flooded with illegals and terrorists coming across.


30 posted on 04/10/2017 7:04:38 AM PDT by bgill (From the CDC site, "We don't know how people are infected with Ebola")
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To: cba123

How many divisions do open borders people have?
We are on the brink of war.
There are zero fence sitters.


31 posted on 04/10/2017 7:06:39 AM PDT by MrEdd (MrEdd)
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To: cba123
No, it won't.
This is what Eminent Domain was created for.
32 posted on 04/10/2017 7:07:20 AM PDT by Little Ray (Freedom Before Security!)
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To: cba123

With a wall their land would be worth money again


33 posted on 04/10/2017 7:07:59 AM PDT by butlerweave
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To: wyowolf

Some Republicans falsely have that R beside their name when it really should be a D.


34 posted on 04/10/2017 7:13:08 AM PDT by Pollard (TRUMP 2016)
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To: cba123

This is all about the money—these greedy bastards were crying and bitching about trespassers from Mexico littering their beautiful barren landscape transporting drugs, criminals and what ever across their parched dry tumble weed cactus patch a few weeks ago. Now they see dollars from American tax payers. I voted twice for dumb ass “W” simply because he was best of two choices but never supported the Bush family globalism.


35 posted on 04/10/2017 7:19:07 AM PDT by BTCM (Death and destruction is the only treaty Muslims comprehend.)
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To: Pollard

I;ve never seen a party BE the majority... but ACT like the minority!!


36 posted on 04/10/2017 7:21:32 AM PDT by wyowolf (Be ware when the preachers take over the Republican party...)
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To: backwoods-engineer

“Sorry, but in a post-Kelo United States, private property is not an obstacle for anything.”

Almost certainly landowners and various activist groups will attempt to stop the construction of the wall in federal court. If anything they’ll try to delay it until the 2020 elections when they will be attempting to put a Democrat in office who will stop the wall the same way Trump approved the Keystone pipeline.

The Kelo decision doesn’t really apply here. Kelo speaks to the government using its power of eminent domain to take land for private purposes, something the founding fathers clearly intended to prevent when they wrote the Constitution. Kelo was wrongly decided if one reads the letter of the Constitution as well as the opinions of those who wrote the Constitution.

The wall does not pertain to the seizing of private property to give the property to another private person or company. For the wall the government will be taking private property for public use. The Constitution’s only restriction on the taking of property for public purposes is the government must compensate the property owner for the property seized. To restrict the federal government’s use of imminent domain to take border property for the construction of a wall to protect the nation from invasion, the court would be creating new law.

It is possible a leftist federal district judge will stop the wall on environmental grounds. However, the Constitution has a number of significant roadblocks for courts to prevent the wall from being built. Congress and the president create and administer immigration law under the Constitution. The president is responsible for national security. The Constitution does not give court jurisdiction over national security, immigration or international trade. Any wayward federal judge who used environmental law, or a civil rights claim by foreigners, would almost certainly be overturned by a federal appeals court or the Supreme Court.


37 posted on 04/10/2017 7:21:34 AM PDT by Soul of the South
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To: cba123

Could be that that friend of the Bushes is in on the drug running?

https://www.youtube.com/watch?v=Oy9a-hk4Ev4


38 posted on 04/10/2017 7:22:27 AM PDT by crz
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To: G Larry

Just build the Wall so their property is on the Mexico side of the wall.


39 posted on 04/10/2017 7:24:32 AM PDT by TNoldman (AN AMERICAN FOR A MUSLIM/BHO FREE AMERICA. (Owner of Stars and Bars Flags))
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To: cba123

The Kikapoo people just got their 118 acres in 1983. There’s less than 500 of them.


40 posted on 04/10/2017 7:30:08 AM PDT by Rusty0604
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