Posted on 02/16/2019 10:35:41 AM PST by rktman
On Friday, President Trump followed through on his threat to declare a national emergency to build a wall along the U.S.-Mexico border, announcing he had found $8 billion from various government agencies to get it done. He had his share of supporters, like Sen. Lindsey Graham (R-SC), who directed him to do whatever needed to do to get that barrier built. But many others - both liberals and conservatives - were displeased with how he went about it.
Just hours after Trump's announcement, three Texas landowners and the Frontera Audubon Society in Texas, an environmental group, became the first folks to file a lawsuit against POTUS's emergency plans for the border. The government had previously informed the landowners that if the funds became available, they'd begin construction of the wall on their properties. The advocacy group Public Citizen filed the case in federal district court in Washington, D.C. on Friday, arguing the president exceeded his authority under the National Emergencies Act of 1976. The group called it a "fake national emergency."
(Excerpt) Read more at townhall.com ...
Lets see how long their Butterfly sanctuary lasts when the illegals go around where the wall is built and uses their property to cross in the the hundreds. Let them pick up the garbage they leave behind them and feed them when the knock on their doors or force their way in.. Give people what they want and they'll be screaming for a wall!
These landowners should bring suit against Trump in the Fifth Circuit Court, which serves Texas, as quickly as they are able. So long as there is at least one competing suit in the lower Federal courts, this would come smack up against the suit that is sure to be brought in the Ninth Circuit Court.
Imagine this crap during WWII?
President has both authority and responsibility to defend our borders.
landowners have right to just compensation for their land, either through negotiations or, if necessary, judicially
but ... either way they eventually are compensated, USA has right to take that land
Bump that
The land was a 100 acre onion farm in 2002.
They created the site. Nothing natural about it....and they charge admission and raise funds.
Would love to see their books, travel expenses etc. Bet they acquired some rare species from the Bahamas, Hawaii, etc etc.
Audubon Society.....Audubon drew all his pictures from DEAD species.....either killed by him or hires.
The land has already been taken, there’s a 60’ easement for the entire length of the border in place. No takings are needed.
Good, because this being first could supercede the 9th Circuit’s opportunity to review these.
I’m sensing a theme in the surnames of those “plaintiffs”
Communists pretending to be ranchers
Yup..NO STANDING.
If I were the judge I would ask if they ever really looked at the deed.
Just get ahold of a copy of the deed and read it aloud to them. Then dismiss the case.
They could be trying to fast track this through the Texas court system rather than having in tied up in the ninth district court until 2050
Here it is..
By the President of the United States of America.
A PROCLAMATION.
Whereas, it is necessary for the public welfare that a strip of land lying along the boundary line between the United States and the Republic of Mexico be reserved from the operation of the public land laws and kept free from obstruction as a protection against the smuggling of goods between the United States and said Republic;
Now, therefore, I, Theodore Roosevelt, President of the United States, do hereby declare, proclaim and make known that there are hereby reserved from entry, settlement or other form of appropriation under the public land laws and set apart as a public reservation, all public lands within sixty feet of the international boundary between the United States and the Republic of Mexico, within the State of California and the Territories of Arizona and New Mexico; and where any river or stream forms any part of said international boundary line, this reservation shall be construed and taken as extending to and including all public lands belonging to the United States which lie within sixty feet of the margin of such river or stream.
Excepting from the force and effect of this proclamation all lands which are at this date embraced in any level entry or covered by any lawful filing, selection or rights of way duly of record in the proper United States Land Office, or upon which any valid settlement has been made pursuant to law, an the statutory period within which to make entry or filing of record has not expired; and also excepting all lands which at this date are embraced within any withdrawal or reservation for any use or purpose to which this reservation for customs purposes is repugnant; Provided, that these exceptions shall not continue to apply to any particular tract of land unless the entryman, settler or claimant continues to comply with the law under which the entry, filing or settlement was made, or unless the reservation or withdrawal to which this reservation is inconsistent continues in force; Provided Further, that the said strips, tracts, or parcels of land, reserved as aforesaid, may be used for public highways but for no other purpose whatever, so long as the reservation of same under this proclamation shall continue in force.
In Witness Whereof, I have hereunto set my band and caused the seal of the United States to be affixed.
Done at the City of Washington this 27th day of May, in the year of our Lord one thousand nine hundred and seven, and of the Independence of the United States the one hundred and thirty-first.
Signature of Theodore Roosevelt
Theodore Roosevelt
I see. good!!!! (then the lawsuits are of no real consequence, all the better)
smile smile
That’s a very sweet find. Thanks for posting.
I wonder if they are getting their palms greased. Sorry but the safety of this country comes before some birds. I can’t see how the crap left behind where these invaders come through could be healthy for the wildlife.
Someone already noted a 60 foot easement is already in place, I don’t know why anyone would be sending these people a letter saying the government is taking their land, it’s already available.
https://www.gao.gov/assets/300/294982.pdf
Footnote 27 on page 21 says:
27 - The land where this fencing was built has been publicly owned since 1907 when President Theodore Roosevelt reserved a 60-foot strip along the international boundary with Mexico for the United States to maintain the area free from obstructions as a protection against the smuggling of goods between the United States and Mexico. In effect, the Roosevelt easement provided the federal government with
a 60-foot border right-of-way on which it could build the fence.
Apparently though, there is still some dispute going over land acquisition, earlier in the PDF I saw text referring to ongoing litigation.
So I don’t know what the deal is, but I haven’t read the whole thing, just scanned over it. At any rate, there is a 60 foot easement already in place from over 100 years ago, similar to what is done on all public roads.
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