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Eminent Domain and Public Use
The United States constitution allows for the seizure of private property for “public use,” so long as “just compensation” is paid to the owner. The Kelo ruling in 2005 brought the issue of “public use” to the forefront. In that case, the Court endorsed the use of eminent domain for economic development, thereby hanging, as…
Ignoble Means, Ignoble Ends
Last week, the United States House of Representatives passed legislation that will prohibit the federal Bureau of Land Management from claiming Texas land along the Red River as public domain. The bill’s sponsor, Rep. Mac Thornberry (R-TX), said, The fundamental right to own property must be protected. This bill takes another crucial step in giving…
The Roundup 8
The hypocrisy of many Republicans regarding the use of eminent domain to build Trump’s border wall has been pointed out by many. Sen. Michael Bennet (D–Colo.), recently took them to task on the floor of the Senate. ___ Texas legislators have introduced two bills that would allow property owners to be compensated for diminished property…
Abbott’s Monument to Delusion
In June, Texas Gov. Greg Abbott announced a plan for the state to build a wall along its border with Mexico. Trump’s plan to make Mexico pay for his border wall had a very loose relationship with reality from the beginning, and the same can be said about Abbott’s plan. In making his announcement, Abbott…
Who Protects Us From Our Protectors?
The Trump Administration is reportedly preparing “Declaration of Taking” papers that would allow the federal government to seize private property in Texas for the border wall. While the government’s threat to seize land for the wall is nothing new, the “Declaration of Taking” is new. The government has long threatened to use eminent domain to…
Friday Roundup 7-16-21
Writing in the Washington Times, George Mason University law professor Ilya Somin addresses the issue of “just compensation” required under the Fifth Amendment when eminent domain is used to seize property. Somin notes that courts typically equate “just compensation” with “fair market value.” However, many owners attach a value to their property far above what…