Perfect assessment, bear repeating.
Posted on 04/15/2021 12:22:30 PM PDT by ChicagoConservative27
The Biden Administration took control of a Texas rancher’s border land on Wednesday. The action followed a victory by the U.S. Attorney’s Office for the Southern District of Texas against the family which has owned the land since 1760.
(Excerpt) Read more at breitbart.com ...
Personally, I think the land immediately on the border should be in federal control to secure the border. I recall reading somewhere that this is actually the law. Alternative I guess would be to fence this guy's land on the Mexican side of the border and let him become a Mexican citizen if he isn't already.
Better hurry up before the 4 leftist judges are added.
Thanks a lot, RINO-controlled state legislatures! If you had done your constitutional duty and enforced voter ID and rejected the cheat-by-mail-in ballots, we wouldn't be in this intolerable situation.
He can appeal to the court of appeals and the Supreme Court if he loses on appeal.
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If he has enough money, and excellent, but expensive law firms. And if there is a win at SCOTUS, then has enough money to fight the next lower court challenge which will attempt to over rule SCOTUS.
Are you denying the federal government’s eminent domain power to obtain land to build a border wall?
That’s what this is about.
This rancher was hoping Biden would save him. He didn’t.
From the article:
In August 2020, then-candidate Joe Biden told reporters he would end all lawsuits seeking control of land along the Mexican border to be used to build border walls, the legal blog reported.
“End it,” Biden said in an interview with NPR’s Lula Garcia-Navarro. “End it. End. End. Stop. Done. Over. Not gonna do it. Withdraw the lawsuits. We’re out. We’re not gonna confiscate the land.”
From another article on the subject: A few weeks later, on Aug. 27, 2020, the Trump administration filed a lawsuit to condemn 6.584 acres of the Cavazos family land in Hidalgo County, Texas. They wanted the land for the border wall.” The family is down to about 150 acres and the gubmint wants 7 of those acres for a wall.
I love that scene as Korman delves into the law book for a pretext.
Wrong.
It is exactly about building the wall.
Brietbart should at least have mentioned that.
and the Supreme Court if he loses on appeal.
The Supreme Court????? I don’t trust the Supreme Court to ever rule on anything Constitutional or correct again! Hope I’m choking on my words one day......
The government didn’t get the whole ranch. They got about 6.5 acres.
This case is more complex than the Brietbart headline.
Evidently, the DOJ lawsuit began under Trump to acquire the land for the Border Wall. The Biden Administration indicated plans to cease construction, but the DOJ never dropped the lawsuit to seize the land.
This is for building the border wall, and the lawsuit has been going on for a long time. However, Biden promised that any land under threat of seizure by the government for the border wall would be safe, and he got votes on that basis. But naturally he backtracked on this or rather is pretending it never happened.
These landowners are descendants of the Spanish settlers in the area when it was under Spain (and then later under Mexico). There are many areas along the border, particularly in New Mexico, that have families like this too.
They are Americans and are fine with the border and even the wall, but they don’t want their land taken away. I’m sure there’s some other way to work this out, but of course, whatever the federal government wants, the federal government gets.
Isn’t that ironic. The Feds stole land for the purpose of a border wall that will not be built.
Land, see Snatch!
There might be a legal precedent.
Perfect assessment, bear repeating.
Per federal land acquisition law, the owner is entitled to fair market value no matter if it was seized per eminent domain.
The question I have is what is FMV for 260 acres of land sitting along the border? It’s certainty not commercial real estate which is priced by the square foot and if it’s non-irrigated range land it’s most likely around $1,500 acre. That still is a nice $390,000 check from Uncle Sugar
This was a very poorly written article. At some points it talks about land along the border and at others it sounds like they seized the entire ranch.
If you go to the original article at the website “Law and Crime “ the dispute is about condemning land to build border barriers. First to build a fence during the G.W. Bush administration which continued through the Obama years. During the Trump administration, the government changed the areas of land they wanted to support the border wall construction.
If true, this was a proper use of eminent domain for Constitutional purposes.
Biden halted the border wall so why do they want his land?
What was the "urgency" of possession?
Was it to build a wall or to stop one from being built?
-PJ
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