Construction of President Trump’s Border Wall has been Slow going, in part because the Texans who Own the Land have to be Coaxed or Coerced to Sell it, whether they want to or not.
The White House is hoping more Landowners along the Border will make the Decision to Sell and help President Trump Deliver on his Campaign Promise to build 450 Miles of New Border Wall by 2021.
The List of Challenges still facing Trump’s “big, beautiful” Wall include an Investigation into Construction Contracts, Funding Delays, and a Recent Legal Decision blocking emergency access to Defense Department Funds to Build it. The Nationwide Injunction has, for now, Curtailed Wall Work on 175 Miles in Laredo and El Paso, Texas; in Yuma, Ariz.; and in El Centro, Calif.
The Administration has so far Built only 93 Miles of the New Wall, nearly All of it on Federal Land where Dilapidated Barriers existed or Vehicle Barriers once stood, according to Customs and Border Protection (CBP). The Border Wall’s final path is not yet set, but 162 Miles of it will run through Southern Texas, and 144 Miles of that is Privately Owned. The Trump Administration has Acquired just Three Miles since 2017.
Mark Morgan, the Acting Commissioner of CBP, raised Doubts about Meeting the Administration’s Deadline. “It’s hard right now to say whether we’re still going to meet that goal,” Morgan said of Building the Wall by 2021. “But I’m confident we’re going to be close.”
Throughout Trump’s Term, the White House has Pushed the Department of Homeland Security (DHS) to Speed Wall Construction, an effort that has been led most recently by Jared Kushner, the President’s Son-in-Law.
As the sense of Urgency has grown, Trump, no stranger to the Powers of Eminent Domain, has suggested during meetings to “take the land” of Private Landowners.
The Law is on the Administration’s side. Eminent Domain Lawyers and Scholars said in Interviews that Landowners along the Border have Limited Options once they receive a Request from the Government. They can Voluntarily allow the Authorities to Access and Survey their Land and, if Officials decide they want it, accept the Government’s Offer. Or they can go to Court where they can argue for Higher Compensation.
But under the Law, even before the Landowners are Paid in Full, the Government can begin Construction.
By using Eminent Domain Powers, Federal Lawyers can Argue in Court that the Construction of the Wall is an Emergency, which almost always Results in the Court Granting the Government Physical Possession of the Land, according to Efrén C. Olivares, a Lawyer with the Texas Civil Rights Project. The Government can then begin Building, even as Landowners Litigate for Full Pay for years.
The U.S. brought more than 300 Cases against Landowners for their Property after President George W. Bush Signed a Bill to begin Installing Fencing along the Border in 2006, according to the Texas Civil Rights Project. Just 46 of those Cases are still Open. The Government Reached a Settlement to Acquire the Land of Most of the other Property Owners, and some of that Fencing is now turning into a more Substantial Wall. Many Landowners Voluntarily let the Government Access their Lands, Justice Department Officials said.
The Trump Administration filed 48 Lawsuits to Survey and begin Work on Parcels of Property.
NYC Wins When Everyone Can Vote! Michael H. Drucker
