Is the Trump Wall a Valid Use of Eminent Domain?

Public Domain Photo by Steve Hillebrand Courtesy U.S. Fish and Wildlife Service

It’s possible to contest the government’s right to take, but it’s seldom a winner.

The government has the authority to take private property for a public purpose but must pay fair compensation to the owner.

France 1685–1690, Mexico in many internal divisions — the big one coming in 1835 when the Department of Coahuila y Tejas was split — leading a year later to the decade of the República de Tejas 1836–1846. The United States annexed the Republic of Texas in 1846 subject to border disputes that touched off the Mexican War, ended by the 1848 Treaty of Guadalupe Hidalgo, which settled the Texas-Mexico border at the Rio Grande and left Texas under the Stars and Stripes but for the interregnum of the Confederate States of America 1861–1865. The primary contribution of Texas to the Civil War was a lively smuggling trade of cotton across the Rio Grande.

Enrolled Cherokee, 9th grade dropout, retired judge, associate professor emeritus, and (so far) cancer survivor. Memoir: Lighting the Fire (Miniver Press 2020)

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