Private Landowners Along Proposed Border Wall Risk Losing Property

[struggle4progress]

January 12, 20198:07 AM ET
Heard on Weekend Edition Saturday

... Much of the land along the U.S. border is in public hands already owned by the federal government. But for a variety of reasons in Texas, most of the border is still owned by private property owners. And this includes very wealthy individuals who own big ranches and farms along the river and a lot of small, mostly Latino owners who have had claim to the land in some cases dating back to when Spain owned that part of Texas. So it's an unusual situation, and it required the government to come in and exercise what's called eminent domain. And you might have heard of that before. It's when the government takes land to build things like national parks or military bases.

The interesting thing about the federal government is that in the 1930s when the U.S. was in the middle of the Depression, there was a big movement to stimulate the economy with large public works projects. So because of that need, Congress passed a very special law called the Declaration of Taking Act. And what that essentially did is it gave the government, unlike any other government agency, it gave the federal government the power to quickly seize land. And when I say quickly, I mean the government sends you a letter, and the next day, they can take title to your land. And that's called a declaration of taking. And that's what they used - that's what the Army Corps of Engineers and the Department of Justice used to take land along the Texas border to build the fence. And what they do is to compensate you is they write you a check, and they say here's the check, we own the land, now let's argue about how much money this check is for. But there's really no argument you make about whether or not they get to take your land. The federal government almost uniquely has the power to take land first and then pay you later ...

https://www.npr.org/2019/01/12/684748447/private-landowners-along-trumps-proposed-border-wall-risk-losing-property

[SHRED]

1. tRump vs. Texas ranchers

Where's Bundy?
Why isn't he down there?

[ProudLib72]

6. That's what I was getting at saying Cruz in his new beard looks like Ammon

I can definitely see there being a replay of those events.

https://www.democraticunderground.com/100211654018

[rickford66]

2. I had an uncle in PA who got a double whammy this way.

The state took is home and large property for a park and then took his business for a highway. He wasn't nearly compensated for the actual values.

[gopiscrap]

3. and how many of these texan fuckers

voted for trump?

[End Of The Road]

7. It's a solid blue area

Hidalgo County, for example, went for Hillary 68% in 2016. Heavy for Beto in 2018.

But that’s beside the point. You’re calling your fellow Democrats “fuckers” while their property is being stolen from them.

I hope your ignorance is bliss.

[onethatcares]

4. the gofundme guys are

not the government and they are claiming they can build the wall with private donations.

Isn't that a bait and switch, or are private corporations allowed to use eminent domain to bilk their donors?

[UTUSN]

5. K&R

[KWR65]

8. They don't take the land. The government buys it at market value.

This article is a libertarian view of eminent domain. That the government takes the land and the land owner doesn't get fair market value for it is a falsehood. We all get the land from the government and the need for taking it for a public purpose may come and the land owner gets fair market value for the land. I'm not defending Trump's stupid border wall idea.

[End Of The Road]

9. In theory you are right.

Last edited Mon Jan 14, 2019, 10:08 AM - Edit history (1)

But in 2006-7, it was a mess. The people who got fair market value were those who could afford good lawyers. The government failed to include the value of water rights in determining value of some properties. I think some of the cases are still in court. The Texas Tribune has done several stories on this. In seizing properties some protections in the law for property owners were waived or ignored. I just can’t imagine things going better under the Trump admin.