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.

When I was an active judge, I heard a lot of eminent domain cases. I had never tried one when I was a practicing lawyer and eminent domain is a splendid example of a remark that knocks the socks off voters but is absolutely true: when evaluating…