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"eminent domain" Definitions
  1. the right to force somebody to sell land or a building if it is needed by the government The term eminent domain is also used in (British English) with reference to international law.
"eminent domain" Antonyms

586 Sentences With "eminent domain"

How to use eminent domain in a sentence? Find typical usage patterns (collocations)/phrases/context for "eminent domain" and check conjugation/comparative form for "eminent domain". Mastering all the usages of "eminent domain" from sentence examples published by news publications.

" The ad continues to criticize Trump for still today supporting eminent domain and flashes to clips of Trump calling eminent domain "wonderful" and saying "we have to use the power of eminent domain.
So eminent domain — it's not that I love it, but eminent domain is absolutely — it's a necessity for a country.
TRUMP: Well, I think these people always hit me with eminent domain, and frankly, I'm not in love with eminent domain.
During the subject of eminent domain, Trump was resoundingly booed by the audience as he defended the use of eminent domain proceedings.
" John Malcolm, vice president for the Institute for Constitutional Government at Heritage, told me that as long as the president has the authority to use eminent domain, there's no "eminent domain problem.
City of New London, a controversial case over eminent domain.
"Right now, we're fighting them on eminent domain," he said.
It's a case of electronic eminent domain, yet without government
TRUMP: Well, let me just tell you about eminent domain because almost all of these people actually criticize it, but so many people have hit me with commercials and other things about eminent domain.
Trump immediately fired back, tweeting a defense of eminent domain on Friday morning:Ted Cruz complains about my views on eminent domain, but without it we wouldn't have roads, highways, airports, schools or even pipelines.
The land was taken under eminent domain to build Central Park.
And eminent domain is a good thing, not a bad thing.
Mr. Trump's use of eminent domain did not make him rich.
Boom, eminent domain, we're just gonna build over your network now.
Trump: Bush family used eminent domain to build a baseball park
"He doesn't sound like a conservative when he embraces eminent domain."
Trump is a huge (and fairly persuasive) defender of eminent domain.
The eminent domain lawsuits over the wall would be bad fights.
In the case of recalcitrant owners, eminent domain would be used.
But government pushed the bounds and began using eminent domain unjustly.
"Eminent domain is an absolute necessity for a country," he said.
While Trump may have not directly used eminent domain to his advantage, Atlantic City's casino development authority, funded by casinos, ultimately tried to use eminent domain to take the property across the street from Trump Plaza.
Reality Check: Bush on Trump's use of eminent domain to take elderly woman's home By Chip Grabow, CNN Trump was asked about his views on eminent domain, a government's right to seize private property for public use.
And Trump clearly doesn't have eminent domain over my upscale candle collection.
The entirety of Lucas's hometown of Elkinton was acquired through eminent domain.
Dozens of residents have been relocated, some under threat of eminent domain.
The Keystone Pipeline, without eminent domain, it wouldn't go 10 feet, OK?
Eminent domain, the Keystone pipeline — do you consider that a private job?
Bush pounced on Trump, taking issue with Trump's concept of eminent domain.
There's no plan to resolve the eminent domain issues on the border.
In some cases, the agency has used eminent domain to acquire parcels.
"By the way, the Keystone Pipeline is all eminent domain," he continued.
Eminent domain was used aggressively to push residents off the proposed site.
Homes and farms in its path have been seized through eminent domain.
Eminent domain has been used reasonably to take land for roads and public buildings, and there may even be a rationale for letting a public utility use eminent domain to claim a right-of-way for electricity-transmission lines.
"But, you know, the way to eminent domain, if you didn't have eminent domain, you wouldn't have highways, you wouldn't have the Keystone pipeline, because they need their land desperately if it's ever going to get built," he said.
The state has attempted to oust people in the area through eminent domain.
Keiley found out about this egregious use of eminent domain from — who else?
Musk has said eminent domain would be a last resort to remove residents.
Do you see eminent domain as an appropriate tool to get that done?
But without eminent domain, you don't have roads, highways, schools, bridges or anything.
There was no mention then of using eminent domain to achieve the goal.
"You have to use eminent domain," Trump said during a Rose Garden briefing.
Eminent domain is a frequent target of criticism from conservative and anti-government groups.
Eminent domain, the right of the government to seize private property for public use?
But his take on eminent domain and the controversial Kelo v New London decision?
His use of eminent domain has come under intense criticism from Ted Cruz's campaign.
Eminent domain allows for the government to expropriate private land in the public interest.
He settled the U.S. government's eminent domain case on terms that were not disclosed.
The billionaire developer was asked about his past comments saying he "loved" eminent domain.
Friday, Cruz made eminent domain the feature of his first negative ad against Trump.
That goes double when eminent domain is practiced for the benefit of private corporations.
The Texas senator also pointed to the real estate mogul's support of eminent domain.
In fact, legally, Texas Central may not even be eligible to exercise eminent domain.
As of Tuesday, the government hadn't filed an eminent domain suit against Alvarez's property.
Eminent domain could be the next step if villagers won't sell to the companyResidents and regional lawyers suspect these recent offers could signal a coming eminent domain process, which could force owners to sell the properties to the company against their will.
Republicans were beginning to express concern over government seizure of private lands via eminent domain?
The boys then destroy a dollhouse, shouting "Eminent domain!" as their parents look on, appalled.
When somebody — when eminent domain is used on somebody's property, that person gets a fortune.
TRUMP: You wouldn't have the Keystone pipeline that you want so badly without eminent domain.
Customs and Border Protection has said that it would consider eminent domain in the future.
Trump defended the use of eminent domain in a Rose Garden appearance earlier this month.
The willingness to use eminent domain shows how quickly the discussion around climate has shifted.
Republicans and Trump have argued that eminent domain gives them the power to do it.
Yet, as the Foxconn project demonstrates, eminent domain for private gain is making a comeback.
And how viable are our property rights in the face of eminent domain being exerted?
That's more important than whether he got booed after a bad answer on eminent domain.
If the President declares a national emergency and starts using eminent domain and reprogrammed dollars to build a wall, it is only a matter of time before a progressive President declares climate change a national emergency and uses eminent domain to shutter coal plants, etc.
The city and the state collude to use eminent domain in ways that really are unconstitutional.
While the city did go on to blight the area, it never began eminent domain proceedings.
When people refused to turn over their homes to the pipelines, the companies invoked eminent domain.
Because of those scars, using eminent domain (compulsory purchase) to restructure the city is off limits.
The law, passed in 2005, allows such projects to use the federal government's eminent domain authority.
Trump has celebrated eminent domain not just for public use, but for private use as well.
At one point, he defended eminent domain, a practice he's used as a real estate developer.
Can the military use eminent domain to seize private land along the border for Trump's wall?
Landowners have long fought the federal government exercising eminent domain to acquire land for border fencing.
The city bought these homeowners out at bargain rates, and booted stubborn ones under eminent domain.
In South Carolina, for example, it's illegal for pipeline companies to use eminent domain at all.
Also, the government makes liberal use of eminent domain, regularly seizing property, sometimes with extreme consequences.
But then Bush went after him on the issue of eminent domain, and Trump let loose.
Amazon ended up selecting Long Island City and there are no plans to use eminent domain.
He also needs the authority to use eminent domain to seize land from numerous unwilling owners.
Mr. Trump has encouraged officials to use eminent domain powers to seize land from private landowners.
Even the nuns are preparing for immediate seizure of their property if eminent domain is granted.
The state authorized the city to claim the land through eminent domain, reportedly undervaluing many properties.
In response to claims that he favored developers over barrio residents, he has said in the past that he never voted for eminent domain, that no property was ever taken by the city through eminent domain and that he had no financial interest in the project.
New London, a Supreme Court decision ruling that municipalities could use eminent domain to benefit private actors.
So tonight Trump has praised Planned Parenthood and eminent domain and called George W Bush a liar.
But there's been one person who's supported that Supreme Court decision and defended eminent domain for years.
The village rushed to relocate dozens of residents, pushing some to leave under threat of eminent domain.
He repeated that view Saturday, arguing eminent domain is a necessity for a country to function properly.
The bill, controversially, also proposed to authorize the first instance of the federal power of eminent domain.
In a state that champions and protects individual property rights, this makes eminent-domain seizure almost impossible.
Will he claim Eminent Domain in the places where the border happens to be on private property?
The case reached the Supreme Court in Washington and led to a landmark decision on eminent domain.
Generally, the government is allowed to do so if it's for public use, otherwise known as eminent domain.
Trump said eminent domain was "a good thing" and was necessary to building roads, bridges, schools and hospitals.
Finally, Mr. Trump has a long history of promoting eminent-domain abuses to expropriate private land he wanted.
However, we'll do everything we can to protest the wall and slow down the process of eminent domain.
Many conservatives believe eminent domain — a practice in which the government seizes private property — amounts to government overreach.
In 2017, Iowa enacted a law that prohibits the use of eminent domain for high-voltage transmission lines.
" It then flashes to a clip on Fox News of Trump saying he thinks eminent domain is "wonderful.
I asked Wiegert if he had been given a script to follow, explaining the issues surrounding eminent domain.
If landlords do not cooperate, the city intends to use eminent domain to take the property, officials said.
The city's most expensive park per acre may get built in Manhattan with the help of eminent domain.
Trump previously denied he would consider using compulsory purchases — a legal maneuver similar to eminent domain — to expand.
And even if a permit is granted, individual landowners could challenge the eminent domain process in local courts.
In 2013, Vietnam tweaked its land law in ways meant to introduce more transparency into eminent domain cases.
Eminent domain is the right of a government to seize private land for public use, while providing compensation.
That's eminent domain at work -- the idea that the government may acquire private land for public use. 3.
Years of eminent domain cases could further delay the wall, over private land that lies along the route.
Donald Trump is right that eminent domain is often necessary for public projects like parks, bridges, or schools.
The Village Board declared the 2,800-acre site "blighted" and bought out homeowners or seized properties through eminent domain.
To build a wall in the 60 miles that he first wanted to, you needed 13 eminent domain cases.
Even a plan to keep fossil fuel companies from taking private land by eminent domain, voted down 7-6.
The city helped the corporation by using eminent domain to seize and bulldoze 1,500 homes and hundreds of businesses.
The group chaired by Serafy has held eminent-domain authority for "spaceport development" since it was created in 2013.
But this plan required buying Peoplestown residents out of their homes and some of the land via eminent domain.
It automatically gives oil pipelines the right to use eminent domain, and the Public Service Commission doesn't get involved.
The pipeline company receives the power of 'eminent domain,' the right to take private property for its own use.
Even when the purpose of eminent domain is seen as legitimate, elected officials are generally loath to evict people.
Eminent domain is invoked when the government takes possession of private land for public use — and conservatives despise it.
Even if Waterway received the permits it would need to operate there, Hoboken could try to use eminent domain.
Whereas attempts to seize land under eminent-domain laws are frequently paralysed by protests, the town-planning schemes trundle along.
"But I want them to support me also, and it's also not going to be at an eminent-domain price."
Geraghty notes that Rubio put together a bill limiting government use of eminent domain in the wake of Kelo v.
We want to turn now to the issue of eminent domain, which is being debated right here in New Hampshire.
MCELVEEN: All right, gentlemen... TRUMP: You wouldn't have massive — excuse me, Josh — you wouldn't have massive factories without eminent domain.
It's physical, run by government, owned by unions, and requires in some cases thousands of sign-offs for eminent domain.
The city would use its power of eminent domain to seize private property and then convert it to public property.
He has no problem with the government declaring eminent domain as long as it achieves his interests in the process.
But the Cameron County Spaceport Development Corporation, a nonprofit created in 2013 to support the company, has eminent-domain authority.
"Other possible litigants with standing might include a landowner who faces eminent domain as a result of this," Chesney wrote.
Another concern facing any firm that works on the wall will be the complications that result from eminent domain lawsuits.
But the libertarian right and the progressive left are (also rightly) opposed to using eminent domain to advance private interests.
" The surprise came a few lines lower: If necessary, the city "would acquire properties through the use of eminent domain.
One of the cases concerns procedures for suing in federal court over the government's seizure of property by eminent domain.
Eminent domain is the power of the government to take private land or property and convert it to public use.
Ditching the Republican Party line, Trump defended eminent domain and dismissed the standard-bearers of conservative thought as irrelevant relics.
There are also concerns about landowners bringing legal challenges should their land be seized for border construction using eminent domain.
Delays were due to funding limitations between fiscal years 1967 to 1971 and litigation over environmental and eminent domain challenges.
The eminent domain suits are the tip of a much broader effort to take private land, say attorneys representing landowners.
Eminent domain cases can be lengthy, though they generally don't keep the agency from being able to proceed with construction.
When she refused, Trump got Atlantic City's Casino Reinvestment Development Authority to threaten to take the property using eminent domain.
Clatterbuck says that more than 1,000 people have pledged to engage in nonviolent direct action should eminent domain be granted.
The issue is obscure compared with other national concerns this campaign season, but doctrinaire conservatives detest eminent domain as government overreach.
TransCanada would need to use eminent domain law to gain access to land for which it could not reach an agreement.
And in one of the most memorable ads this year, several kids shout "eminent domain" before bashing a dollhouse to bits.
Trump would have little trouble obtaining land through eminent domain to build a wall for national security purposes, legal experts said.
Bush claimed Trump attempted to use eminent domain to evict the owner of a house across the street from Trump Plaza.
Atlantic City's Casino Reinvestment Development Authority then began a years-long eminent domain battle in an attempt to take the property.
And while he's getting better at arguing with Trump, as he did on eminent domain, they still aren't his best moments.
"The word eminent domain — you wouldn't have roads, you wouldn't have airports you wouldn't have hospitals, you wouldn't schools," Trump said.
Texas law makes available broad authority to any spaceport development corporation to start an eminent-domain process and condemn private properties.
In Arlington, Texas, the city even used eminent domain to clear out homes and businesses to build the Dallas Cowboys' stadium.
"We've realized that there isn't any oversight and that the state isn't carrying out its function regarding eminent domain," said Rolfes.
Without using eminent domain, officials said, the Corps can't guarantee to Congress that the buyouts lawmakers have funded will actually happen.
The state allows gas pipeline operators that qualify as utilities to use eminent domain to take land for the public good.
By 1998, Mr. Trump had abandoned the project, having lost it by eminent domain to the Los Angeles Unified School District.
"Unfortunately, the way the eminent domain process works, often we're left to fight about the dollars," rather than the pipeline itself.
Meanwhile, Mr. Paslow set up a company based on researching land titles for the state for eminent domain and highway projects.
Of course, overcoming the US's tricky eminent domain laws won't be easy, no matter how many lawyers CAH has on hand.
The eminent domain takings alone that would be required to pull it off would give libertarian-leaners like me cold sweats.
When they refused, he sought to use the Scottish legal equivalent of eminent domain to force the homeowners to sell their homes.
The federal government has the legal power to take private land through eminent domain, if it compensates the landowners for the property.
At a campaign stop in Iowa in January 2016, Trump said using eminent domain to take landowners' property was a good thing.
Finlay has also summoned the specter of eminent domain with residents, including in emails sent to the Bloomers that Business Insider obtained.
None of that changes the fact that eminent domain is indeed an ethically problematic process that often doesn't produce the promised results.
Eminent domain has not yet gone into effect, so the nuns, backed by Lancaster Against Pipelines, are taking action to stall construction.
He told reporters that his administration would use eminent domain only when landholders refuse to sell land needed to construct the wall.
Mr. Bhalla has offered to buy the site and threatened to use the city's power of eminent domain to force a sale.
But the council authorized the mayor to use eminent domain to obtain the property if a purchase could not be worked out.
"Don't worry, I'll pardon you," he reportedly said in response to legal concerns about the use of eminent domain and contracting procedures.
Ted Cruz complains about my views on eminent domain, but without it we wouldn't have roads, highways, airports, schools or even pipelines.
Anyone forced to sell property under eminent domain is well compensated, Mr. Trump maintained, and he even offered to recommend a good lawyer.
To build the wall the federal government filed dozens of eminent domain lawsuits against private landowners to gain access for the wall's construction.
During the Republican primary campaign, Trump signalled he wouldn't be afraid to make use of powers like eminent domain to get projects done.
Other people's property There are also massive parcels of private land lining the border, which will require the widespread use of eminent domain.
In order to receive permission to use private property under eminent domain, Sunoco had to demonstrate that the project serves a public interest.
McLaughlin feels certain that eminent domain practices, which have cleared the path for the Dakota Access Pipeline, are setting up another future showdown.
He agreed to draw up the language for a ballot measure to officially curb the eminent-domain powers of the city of Fremont.
The route still hasn't been nailed down, though Boring said eminent domain would not be used and there should be minimal traffic disruptions.
"I always told my lawyer that I didn't think it was right that they're using eminent domain for a private corporation," Carpenter says.
While the government has tried to use eminent domain to get access to that land before, the resulting lawsuits created massive construction delays.
And for conservatives, eminent domain poses a question: Is government intrusion into private property okay if it's to build something that conservatives want?
But after those talks broke down last summer, Ms. Zimmer prepared to use the city's power of eminent domain to take the site.
There are also eminent domain wrinkles to iron out, as the government will have to purchase land from Texans to construct the project.
Eminent domain was enforced and by 6203 roughly 8,000 mostly African-American residents had been displaced, including Mr. Udin and his immediate family.
The government would need to coordinate a massive voluntary sale of the property or rely on lengthy eminent domain proceedings to acquire it.
In 85033, Wisconsin passed a law that made it harder for the government to use eminent domain for so-called economic development projects.
All purchases were completed without the use of eminent domain, and all of the residents in those properties were relocated, Mr. Brigandi said.
Eminent domain should only be used for true public use, and forfeiture should only occur after a person is convicted of a crime.
"Across the country, there is no appetite for eminent domain," admits Dan Zarrilli, in charge of climate policy at New York's city hall.
Residents of the Hell's Kitchen neighborhood, which surrounds the terminal, fear eminent domain will be invoked to take private property for the project.
Trump denied that he'd taken the property, but he defended the use of the legal power known as eminent domain to take property.
The city at first said it might use eminent domain to seize the properties but ultimately worked out a deal for their purchase.
But this was also during a particularly tense conversation over eminent domain, in which the government takes over private property for other purposes.
And it's now hoping to win eminent domain over the remaining land owned by people who have refused to cooperate with the construction.
If the two sides cannot agree, the commission could resort to eminent domain, which allows the state to expropriate private property for public use.
Any time big government starts using eminent domain and taking land — especially the valuable part, access to water — then it becomes a battle cry.
When the government is using eminent domain to seize people's private property and hand it over to developers, that is interfering with [the] market.
Donald Trump, No. 235 in Iowa after skipping a debate, had a strong performance marred by a rough patch when he defended eminent domain.
In Appalachia, landowner rights have been an anti-pipeline rallying cry, as people push back against the government taking their homes through eminent domain.
A majority of respondents said they were bothered by Mr. Trump's previous pro-choice views and his use of eminent domain as a businessman.
And eminent domain is anathema to many conservatives, who see it as an excess of government power that defiles the sanctity of private property.
It's called "eminent domain" and it's right there in the constitution's Fifth Amendment, below the part that people always talk about on lawyer shows.
Jeb Bush over eminent domain, Trump said he was getting a Bronx cheer because the room was packed with jilted donors and special interests.
Trump repeatedly pointed to the Keystone XL pipeline as an example of something that conservatives support, but which wouldn't be possible without eminent domain.
"Eminent domain -- when it comes to jobs, roads, the public good -- I think it's a wonderful thing," Trump said on Fox News in October.
As a campaigner, and now as president, he applies the ethic of eminent domain to the end of winning himself more wealth and power.
They say that Iowa regulators were wrong to grant the pipeline company the power of eminent domain to force its way through their farms.
Furthermore, the cost to the farmers and families who would lose their land and livelihoods through governmental use of eminent domain must be considered.
The federal government said it could use eminent domain if negotiations failed, under a thus-far unused provision of the 2005 Energy Policy Act.
Last summer, Atlanta told the Corps that the city was able to use eminent domain, according to documents obtained through a public records request.
"He doesn't want to discuss his support for eminent domain, for taking private property and giving it to giant corporations and casinos," he said.
Eminent domain lawyers and scholars said in interviews that landowners along the border have limited options once they receive a request from the government.
"Eminent domain cases have always been messy, but the 2005 opinion upended the situation and made it messier," said Tyler Broker, a legal commentator.
Like eminent domain, civil asset forfeiture is a legitimate tool of government, but if proper protections for individual private property rights are in place.
In the past decade or so, citizens across the national have become aware of the problems related to eminent domain and civil asset forfeiture.
"My assumption is, the city decided it wasn't worth it or didn't think there was a case for eminent domain here," Mr. Berman said.
The arrest was payback, he said, for his criticism of the city's plan to redevelop the waterfront by taking private property using eminent domain.
"The difference between eminent domain for public purpose — as Donald said, roads and infrastructure, pipelines, and all that — that's for public purpose," Bush said.
Trump also revealed how he would pressure pipeline companies to comply: by potentially refusing to exercise eminent domain, the government's ability to appropriate private land.
He looked flustered in a fight with Bush over the use of eminent domain in advancing the interests of public use projects and private industry.
With eminent domain, the government can take your property for public use, so [for] a public hospital or an on-ramp or a public highway.
The Trump administration would have to use eminent domain to acquire any private lands—a lengthy process that involves negotiations, value appraisals and, often, lawsuits.
Mr. Trump, you have said, quote, "I love eminent domain" which is the seizure of private property for the sake of the greater good theoretically.
BUSH: The difference — the difference between eminent domain for public purpose — as Donald said, roads and infrastructure, pipelines and all that — that's for public purpose.
But what Donald Trump did was use eminent domain to try to take the property of an elderly woman on the strip in Atlantic City.
"Through seizure and through sales under the threat of eminent domain, all 7,310 residential units were demolished and their residents were forcibly removed," Rowland writes.
Trump is one of those private developers who has fought for eminent domain to be invoked to speed up his construction plans in the past.
Because the land was purchased under eminent domain, Misrach estimates that this single piece of fencing cost more than half a million dollars to build.
In the late 1990s and early 2000s, the village used eminent domain to condemn dozens of properties and free up land for the project's developer.
Among the objections was granting Clean Line eminent domain so it could profit from shipping electricity to energy-hungry regions that command higher power prices.
In Louisiana, oil pipeline companies have almost unlimited powers of eminent domain, meaning they can take private property in court when landowners refuse to sell.
I started documenting the fight against the Keystone XL pipeline in 2011, when Nebraska first held State Department hearings about eminent domain and environmental concerns.
And in the 1970s and 1980s, a number of federal courthouses and the Washington, DC, Metro system were constructed on land obtained via eminent domain.
Particularly since, in some cases, the government is taking land before paying that "just compensation" for it, a process known as "quick take" eminent domain.
Third, most of the wall would be built on private property, and property owners can challenge the validity of this "public use" under eminent domain.
Fossil fuel companies also have broad authority in Texas to use eminent domain, or the forcible seizing of private property for a supposed public good.
FERC can force landowners to cede property to gas pipelines under its eminent domain authority, but it does not have the same power for transmission.
Beyond the eminent domain issue, I have serious concerns with the project's cost, which has increased by 90 percent since the project was first proposed.
"  "It's got a big problem that Republicans in border states are opposing — Texas, Arizona — because there's eminent domain, so you have to take private land.
The US government filed an eminent domain suit in July over a 210-acre parcel the group owns on the banks of the Rio Grande.
In order to build a wall, the government must use its eminent domain power to seize more than 1,000 miles of property along the border.
Disputes between far-flung relatives often prevented the unanimity needed to sell property, and the government lacked the power to declare eminent domain and intervene.
His defense of "eminent domain" — an issue that many conservatives care about — was weak, and Bush got the better of him in an exchange about it.
Another golf course nearby was able to stop building altogether, Garrett said, adding that working-class neighborhoods were notably less successful in winning eminent domain cases.
He went at Mr. Trump repeatedly, assailing him as insensitive to women and minorities, and criticizing his support for using eminent domain to annex private property.
This includes Trump's constructing "Mexican-style border walls" around homes, in addition to the threats to take over properties via eminent domain to expand the course.
"I think eminent domain is wonderful, " Trump told Fox News in 2015, breaking with much of his party, who see it as government abusing its power.
If the route is approved, Jorde said the firm plans to file legal challenges, potentially challenging TransCanada's right to use eminent domain law to seize property.
"Ted Cruz complains about my views on eminent domain, but without it we wouldn't have roads, highways, airports, schools or even pipelines," Trump tweeted last month.
"What Donald Trump did was use eminent domain to try to take the property of an elderly woman on the strip in Atlantic City," Bush said.
I disagree with his proposals to ban Muslims, to give government more eminent domain powers, to be neutral between Israel and its enemies, and several others.
"What Donald Trump did was use eminent domain to try to take the property of an elderly woman on the strip in Atlantic City," he said.
Why would anyone trust George Bush's advice on any subject aside from how to get rich from eminent domain abuses connected to professional baseball team stadiums?
One of the many sharp—and welcome—arguments among the GOP presidential candidates of late has been over what constitutes reasonable use of eminent domain. Sen.
It's seems as bad an exercise of eminent domain as throwing a widow out of her house in Atlantic City to make way for more asphalt.
He enlisted the State of New Jersey to invoke eminent domain in order to oust her from her property, but Coking fought in court and prevailed.
Aside from integration of cities on both sides of the border, many Texans resent the federal government using eminent domain to obtain land for the wall.
He noted correctly that the GOP's opportunistic Keystone Pipeline boosterism is incompatible with the view that eminent domain should not be used to advance private interests.
One of the first locales to invoke the threat of eminent domain is Nashville, where the Corps identified 44 homes it wanted the city to buy.
"Do people even know what eminent domain is?" asked Trump, who has attempted to invoke it to evict homeowners and make way for his private developments.
State and local officials think they have found a loophole around Wisconsin's reform and have threatened the Mahoney family with eminent domain if they don't sell.
Farmers and ranchers across the heartland are far more sophisticated than they were a decade ago in standing up to eminent domain actions by foreign corporations.
Two gas stations on 125th Street in West Harlem were seized by eminent domain as part of Columbia University's new $6.3 billion, 17-acre Manhattanville campus.
Eminent domain On the question of how much power the government has to commandeer private property for public gain, Ryan and Trump couldn't be further apart.
As players acquired property only to have me, as FDR, permanently capture it back via eminent domain Fat Chance cards, the game's lesson became quickly apparent.
Second, while developers like Donald Trump benefit greatly from the use of eminent domain for private projects, the benefits to the general public are less clear.
Trump has also revealed how he plans to pressure pipeline companies to comply: by potentially refusing to exercise eminent domain, the government's ability to appropriate private land.
The city could be forced to use eminent domain to wrest the property from Alloy, a process that could entail years of legal wrangling, Mr. Mugdan said.
The Trump administration would have to exercise eminent domain to acquire any private lands—a lengthy and controversial process that involves negotiations, value appraisals and, often, lawsuits.
You understand that they took over a stadium in Texas, and they used private eminent domain, but he just found that out after he made the charge.
The Gerharts and other landowners have challenged the eminent domain ruling on those grounds, claiming the Mariner East project does not meet the criteria of public interest.
Historically, governmental use of eminent domain would fall under the umbrella of public use by using the acquired land to build a road or build a hospital.
Cruz has criticized Trump over a range of issues, from Trump's support for abortion rights in 1999 to Trump's use of eminent domain laws for personal gain.
Texas is the only state in the nation with a Landowner's Bill of Rights, which makes seizing property via eminent domain a costly and time-consuming prospect.
The city would not say if it might consider using eminent domain to seize the land, but even then Mr. Brodsky would be entitled to some compensation.
The tribe has spent more than 20 years trying to gain control of 19,000 acres of waterfront land that was taken through eminent domain during dam construction.
"Ted Cruz complains about my views on eminent domain, but without it we wouldn't have roads, highways, airports, schools or even pipelines," he tweeted on Friday morning.
"We would be totally boxed in," said Julie Baum-Coldwater, who began to worry that, at that point, her family farm could be targeted for eminent domain.
It did those things, but it was also severely destructive to the Standing Rock community, flooding homes and forcing the surrender of land through eminent domain laws.
Still zipped into his jacket, Wiegert brewed a fresh pot of coffee and talked with little enthusiasm about going door to door with the eminent-domain petition.
If Trump damaged himself—and it's a big if—it was when he bullied Jeb Bush in an exchange over the propriety of governments using eminent domain.
Back in Fort Worth, the Umojas' community center fell victim to the threat of eminent domain, and they didn't want to see anything like that happen again.
Even so, Mr. Behm said the Corps should require eminent domain only for homes whose flood risk was so severe that their inhabitants were in physical danger.
The city, however, said every resident selected for the buyout got the same letter, saying eminent domain would be used if the city thought it was necessary.
The private apartments are expensive and often owned by neglectful landlords, and Picture the Homeless has urged the city to use the stronger tactic of eminent domain.
Still, bulldozers plowed over dozens of shops as the city used eminent domain to take some of the land and hundreds of immigrant workers lost their jobs.
The paper cited planning documents indicating that the government would need to either buy or claim by eminent domain almost 200 miles of land for the project.
That all came to an abrupt end in 1942, when the U.S. military took over Harris Neck through eminent domain and gave residents three weeks to leave.
The measures are part of the island's turnaround plan approved by the board but have been challenged by Interamericas Turnkey Inc, which describes itself an eminent domain creditor.
In particular, he contrasted his record with Mr. Trump's support for the Troubled Asset Relief Program to rescue the banking system, President Obama's stimulus plan and eminent domain.
But people who've already sold to SpaceX fear that the county would try other ways to complicate residents' plans to keep their homes before any eminent-domain process.
Having been mocked and belittled by the property developer for seven months, Mr Bush must have relished his attack on Mr Trump's past use of eminent-domain laws.
In the last few years, Donald Trump has expressed views on taxes, health care, immigration and eminent domain that are all much more liberal than collective GOP base.
Their first stunt involved a crowdfunded campaign to buy land where Trump's wall would be built, to force the American government into a court battle over eminent domain.
In the last GOP showdown, Bush and Trump tangled over eminent domain, and Trump got boos from the crowd when he tried to shush the former Florida governor.
By buying a parcel of vacant land at the border and hiring lawyers specializing in eminent domain to make sure that wall never sees the light of day.
" The 30-second ad, titled "System," starts by describing eminent domain as a "fancy term for politicians seizing private property to enrich the fat cats who bankroll them.
But the shortage of public land in Texas — a unabashedly pro-business state — means that eminent domain cases to take private land for "a public use" are common.
Typically in eminent domain cases, the government agrees upon a price for the land before seizing it, but the Trump administration has yet to settle on a price.
She and other opponents made the usual arguments against trampling property rights through the use of eminent domain, obliterating their pastoral views and disrupting their way of life.
The provision acts as a sort of eminent domain for patented inventions, allowing the government to circumvent patent protections as long as the patent holder is fairly compensated.
But Trump has long supported the use of eminent domain, using it when he was working in real estate and defending the concept during the 2016 presidential campaign.
For example, she said, courts have rejected a church's bid to be exempt from federal marijuana laws, and a Pennsylvania order of nun's effort to avoid eminent domain.
The city sent an appraiser to the site last week to help determine how much to offer for it before resorting to eminent domain to force a sale.
Abernathy noted that the city could not afford to take ownership of the property through eminent domain because it would require the purchase to be fair market value.
After state lawmakers passed legislation this month allowing the state to use eminent domain for the project, officials are moving forward with an environmental study for the AirTrain.
Otherwise, the administration will have to face hundreds, if not thousands, of lengthy eminent domain disputes before anything is built across approximately 2,000 miles of the international border.
A SpaceX executive has told residents that their county government may use eminent domain to force them to sell their homes if they don't agree to SpaceX's terms.
As the sense of urgency has grown, Mr. Trump — no stranger to the powers of eminent domain — has suggested during meetings to "take the land" of private landowners.
Democrats say the administration needs to answer questions about eminent domain procedures, the design and location of the wall and whether Mexico will fund any of its construction.
Eminent domain requires the government to pay "just compensation" to the forced seller, though it can be difficult to agree on what should be considered a fair price.
Hoboken's City Council approved the use of the power of eminent domain to take the property from the ferry company if a deal could not be worked out.
Trump did suffer from a rough back and forth with Jeb Bush, in which Bush assailed Trump's record of exploiting eminent domain to enable his real estate projects.
Landowners along the southern border who could see their land seized for wall construction via "eminent domain," would also likely have standing to sue to prevent this seizure.
But the proposal was met with intense opposition from Koreatown's political and cultural forces, who have likened it to things like the Israel-Palestine conflict and eminent domain.
A vigorous debate ensued among the students about whether it was proper to use eminent domain, a concept none of them had heard of, to build a private enterprise.
"If we're going to use our powers of eminent domain and all the other powers, then I want the pipe to be manufactured with United States steel," Trump said.
Bush attacked Trump for using eminent domain, which allows governments to seize private lands for projects for the public good, to help him build casino complexes in Atlantic City.
SpaceX and a real-estate firm it hired have told residents they could be removed — and for far less money — through an eminent-domain process started by Cameron County.
Getting this expansion under way was contentious, partly because it involved the acquisition of property via eminent domain in order to create essentially the university's own self-contained village.
Around the turn of the century, county officials began discussing using eminent domain to seize the ramshackle structures, bulldoze them and throw up some upscale, mixed-use redevelopment concept.
The ads hit Trump seemingly from every angle: his past support for Democrats and Democratic views, his temperament and judgment, and his business use of eminent domain and bankruptcy.
However, the Cameron County Spaceport Development Corporation, which was created to support SpaceX, has eminent-domain authority and can, with the vote of local commissioners, initiate a condemnation process.
The government then attempted to use eminent domain, a procedure Trump has long defended, to seize their property, but the lawsuits imposed serious delays—seven years in one case.
In fact, one of the major conservative criticisms of Donald Trump's presidential candidacy was over his enthusiastic support for eminent domain, as in this 2015 Club for Growth ad.
Trump is urging administration officials to seize private land through eminent domain and even ignore environmental rules, current and former officials involved in the wall told the Washington Post.
According to Texas Central, they have been able to secure about a third of the land needed, but require eminent domain to obtain the rest and complete the project.
Rather, the suit takes issue with how eminent domain has been interpreted by the Federal Energy Regulatory Commission (FERC), which makes decisions on interstate natural gas pipelines and facilities.
New London U.S. Supreme Court decision, which set precedent for the use of eminent domain for private gain, U.S. citizens have, unsurprisingly, encountered numerous threats to private property rights.
If the county does try to condemn homes in Boca Chica through eminent domain, it's possible only those of the residents could be removed, leaving the houses purchased by SpaceX.
And, as a studied politician would, Mr. Trump devoted 10 minutes to defending eminent domain, the land-seizure practice that Mr. Cruz has attacked him for embracing in his business.
The protesters have been on edge for over a year now, ever since a judge granted Sunoco permission to use eminent domain to access 21 acres of the Gerharts' property.
The company and the family have made no agreement regarding compensation for the land, which was transferred by an "eminent domain" court order declaring the pipeline in the public interest.
The Texas senator, meanwhile, has criticized Trump over a range of issues, from Trump's support for abortion rights in 1999 to Trump's use of eminent domain laws for personal gain.
With the airwaves cluttered with ads from multiple candidates on more traditional political issues like taxes and immigration, Cruz allies also hope that hits on eminent domain will be memorable.
The memo indicates eminent domain could be invoked to justify clearing airwaves needed to build the network, which would meet strong opposition from government and commercial users of those airwaves.
If the landowners refused, a made-up puppet entity essentially controlled by the Rangers ownership group, the Arlington Sports Facilities Development Authority, could use eminent domain to seize the property.
According to Mr. Blaugrund, the plan was eventually abandoned, partly because of a state ballot initiative in 2009 prohibiting the use of eminent domain to take property for private use.
"What's very unusual about this is using code enforcement to circumvent eminent domain law," said Jeff Rowes, a lawyer in the case, which asks a judge to stop the city.
Mr. Trump has suggested using the government's power of eminent domain to "take the land," and the law appears to be on the administration's side, according to lawyers and scholars.
The tool received public attention last month when President Donald Trump threatened to use "the military version of eminent domain" to build a wall along the U.S. border with Mexico.
The proposal to reroute the road involved a substantial sum of money and the taking, by eminent domain, of land belonging to a farmer who strongly opposed the whole thing.
He has embraced eminent domain to benefit private developers, and other uses of government power inconsistent with a libertarian or conservative view of property rights and the proper role of government.
"I think it's scary that the government is essentially funding an eminent domain scenario, where the winning bidder is building over existing networks, without a fair or negotiable agreement," McLaughlin said.
He said he would grab the land "under the military version" of eminent domain "fairly quickly" — the Fifth Amendment power to seize private property for a public use upon just compensation.
Shortly after that, two residents said they asked about eminent domain and whether or not those who chose to stay would eventually be forced out for reasons of safety or convenience.
The staff notes that the administration has thus far been unable to answer Democrats' questions about how many eminent domain cases it anticipates it will need for the President's border wall.
Some have even suggested that the city use eminent domain to claim the land, betting that whatever compensation a court required would be less than the amount Mr. Brodsky was demanding.
The lawmakers asked the Homeland Security secretary to inform them by month's end how many religious organizations and citizens will have their land seized through eminent domain to build a wall.
Eminent domain — the government's authority to take private property, with compensation, for public use — has long been viewed as too blunt a tool for getting people out of disaster-prone areas.
The North Philly neighborhood has seen much socioeconomic strife over the years and is now undergoing a $526 million dollar redevelopment project that cleared thousands of residential units via eminent domain.
One reason may be that property is a highly specialized field of law, and there just aren't that many lawyers who can speak authoritatively on both emergency powers and eminent domain.
Governments everywhere do, of course, use eminent domain to push ahead with major developments, but such projects usually require thorough public consultation and justification, as well as compensation for affected individuals.
The Texans and others who face the loss of land because of eminent domain actions funded via Mr. Trump's emergency declaration have standing to sue and good cause to do so.
A Blade of Grass and the Cardozo School of Law are hosting a mock trial for Aviva Rahmani's ecological art projects to stop the use of eminent domain for pipeline construction.
Mr. Christie was pugnacious from his first statement, while Mr. Bush mixed ridicule — mostly aimed at Mr. Rubio — with sobering lectures, fighting about his policy ideas on missile defense and eminent domain.
Although eminent-domain laws, which force the transfer of private property into public hands, may be invoked by the government, agreeing on adequate compensation for evicted landowners often becomes a legal headache.
The group, essentially formed to support SpaceX, has eminent-domain authority for "spaceports," and its chair told Business Insider last year that he'd "be willing to explore" using the power if necessary.
One of the latest ads aimed at Trump focuses on the businessman's support for eminent domain -- a practice in which the government seizes private property that many conservatives are not fond of.
Cruz, who has tried to stay close to Trump without antagonizing the billionaire, finally hit back, calling his rival a man of "New York values" and blasting his support for eminent domain.
" Trump responded to Cruz's attacks Friday morning via Twitter, writing: "Ted Cruz complains about my views on eminent domain, but without it we wouldn't have roads, highways, airports, schools or even pipelines.
A University of New Hampshire poll during the last presidential cycle showed that 70 percent of residents opposed using eminent domain for a hydropower project, the Northern Pass, the Concord Monitor reported.
But they can definitely slow down the process, jack up the cost, and force the Republican Party to take Texas ranchers and farmers to court to seize their land by eminent domain.
After the 2008 financial crisis, a Cornell Law professor named Robert Hockett advocated for municipalities to help borrowers by using their powers of eminent domain to buy up and restructure underwater mortgages.
In the process, the city has used eminent domain and buyouts to push out the businesses, creating a lot of abandoned and semi-abandoned buildings—a perfect graffiti canvas, in other words.
But he makes a big deal out of eminent domain — you wouldn't have a country, you wouldn't have one highway in this country, you wouldn't have a railroad, you wouldn't have anything.
They will also note that if the commission approves the line, TransCanada could seek to seize property along the route using eminent domain law - a politically unpalatable option in the conservative state.
While it originally planned to start construction later this year, it faced local opposition over eminent domain laws and skepticism of whether a private company can successfully operate a mass transit system.
Now they&aposre using eminent domain law to try to seize the property and spend taxpayer dollars to put Edgewater&aposs Department of Public Works there -- a department of just thirteen people.
"Eminent domain is something that has to be used, usually you would say for anything that's long, like a road, like a pipeline or like a wall or a fence," he said.
But experts say land disputes continue, in part, because the 2013 revisions do not allow private ownership or set clear definitions of what qualifies as the public interest in eminent domain cases.
"The idea is that eminent domain is for the public good and he attempted to use it for personal gain," said Cruz spokesman Rick Tyler, in a telephone interview with The Hill.
The Government Accountability Office (GAO) told Senate Democrats it will probe the Trump administration's efforts to use eminent domain to acquire land to build the border wall between the U.S. and Mexico.
Cruz is running a new ad attacking Trump over his attempt in the 1990s to use eminent domain to take an elderly widow's home so he could build a limousine parking lot.
" The spot, part of the advertising campaign being run by the club's political arm, Club for Growth Action, then hits Mr. Trump for using the process known as eminent domain "for personal gain.
The resident who spoke on condition of anonymity also noted their decision came after inviting a prominent eminent-domain lawyer to the village to meet about a dozen residents and answer their questions.
The Republicans have very Republican reasons: They want to avoid federal overreach — and the government coming in and taking their land, using eminent domain for the border, is the definition of federal overreach.
Groups such as the Big Bend Conservation Alliance have sought to halt the line by advocating to stop ETP's use of eminent domain, which allows the company to seize private land for construction.
" Details: Hurd said using eminent domain to take land for the border wall would impact 1,000 Texas property owners and that building a wall is "third-century solution to a 21st-century problem.
We've done live events at More Perfect on censorship on social media or eminent domain where people start one way, and you see them migrate because there are good arguments on both sides.
GM convinced officials in the cities of Detroit and Hamtramck, the state of Michigan - and ultimately the state's highest court - to use eminent domain, a controversial process in which government seizes private land.
In addition to seeking eminent domain and environmental waivers, the U.S. government would also have to meet the requirements of the International Boundary and Water Commission, a U.S.-Mexico pact over shared waters.
State law determines the amount of just compensation a pipeline company must pay when it exercises its power of eminent domain under the Natural Gas Act, a federal appeals court held on Tuesday.
An artifact of the highway-building era, a product of eminent domain, the ground at its feet was designed so that you, vacationing tourist, you, suburban visitor, could drive in and drive out.
Cruz, meanwhile, has sought to highlight Trump's past support for liberal causes, and has honed in on the issue of eminent domain, which gives the government power to seize a private citizen's land.
To avoid an eminent-domain fight, they made a pre-emptive bid on the farmland neighboring the wastewater-treatment facility—reportedly offering the owners nearly three times what surrounding property typically sells for.
The diocese has challenged the Trump administration's claim of eminent domain, arguing that building a border wall on its property is inconsistent with Catholic values and would restrict access to La Lomita Chapel.
If the deal had gone through, the mayor's office might have used eminent domain to kick out Silverstein and turn the World Trade Center site into the signature project of the Bloomberg era.
However, if the Government and landowner are unable to reach a negotiated sale or if the Government is unable to obtain clean title, the Government will need to file an eminent domain action.
"Eminent domain is not something that's going to be palatable," Mr. Gastesi said, adding that the Corps should fund the buyout program it's currently looking at in the Keys, but make it voluntary.
The government is still fighting at least 100 lawsuits from property owners over the last time it used eminent domain to seize border land, to build a fence under the Secure Fence Act.
As David Bier detailed for Reason magazine in 2017, the use (or, in the view of some landowners, abuse) of eminent domain on the US-Mexico border has extended through multiple presidential administrations.
Mr. O'Rourke abstained from votes establishing a tax zone that would set the stage for eminent domain and voted for a temporary moratorium; he later voted against an effort to limit its use.
The parties remain at an impasse, and in June, California passed a budget that included language about using eminent domain to take the road if Mr. Khosla does not agree to a price.
Buy it here >>In a disenfranchised Montana town, the Faber family is already reeling from their home being seized due to eminent domain when an act of domestic terrorism further upends their lives.
The parties remain at an impasse, and in June, California passed a budget that included language about using eminent domain to take the road if Mr. Khosla does not agree to a price.
Through November 15, the Trump administration had filed 29 eminent domain suits tied to border-wall construction this year, up from 11 each of the past two years, according to federal court records.
PolitiFact adjudicated the Trump-Cruz dispute over eminent domain and found that Trump was half-right when he accused Cruz of "false advertising" during his appearance on NBC's Meet the Press on Sunday.
Club for Growth believes that eminent domain can be used to lower Trump's numbers in New Hampshire, where the subject has been controversial in the past in disputes over an energy transmission project.
Another struggle emerged around 2011, when the municipality of Guaynabo began aggressively expropriating homes – or seizing properties through buyouts or eminent domain – to make way for a waterfront development of hotels and shops.
And while it's sometimes necessary for government to take private property for a road or post office, the abuse of eminent domain for purely private purposes was — and still is — a serious problem.
Beyond the basic unfairness of taking ordinary peoples' homes for the benefit of the rich and powerful, there are a couple of specific problems with the use of eminent domain for private use.
Though the Western Addition had an international reputation as a vibrant center for jazz and culture, redevelopment forces waged a successful campaign to label it blighted, and eminent domain sent thousands of residents packing.
In 2010, the county acquired around 140 acres of Lettunich's family farmland through eminent domain, paying the family around $1.4 million, to build a new port of entry between the United States and Mexico.
The history of property law is the history of fights over trespass, zoning, HOA rules, waste, squatting, eminent domain, water rights, mineral rights, environmental conservation and even the intrusion of airplanes and radio signals.
However, lawyers in Texas who specialize in cases of eminent domain, a government-sanctioned process that can condemn private properties to make way for "public-use" developments, say the residents' fears are not unfounded.
Iowa's top court also denied the review of a state utilities board decision to allow the use of eminent domain to build the pipeline on private properties, upholding a district court decision from 2017.
People make out: scruffy boys, a man holding his girlfriend and a bottle of Patrón, and two glam girls against the column I'd found to lean on but quickly ceded, eminent domain and all.
But even Noorani conceded that the private wall scheme had one advantage over Trump's border wall proposal: It requires the consent of private landowners, rather than government seizure of their land through eminent domain.
A pipeline company was able to take a strip of the Jones' land with government deployment of a legal tool known as eminent domain, a constitutional mechanism reserved for use in the public good.
It would also help circumvent one of the thorniest issues involved in building a physical wall, eminent domain, or the need the government would have to seize land from private owners along the border.
His final exam for last year's eminent domain and property law class included the following question: President Trump has decided to build the Wall, but Congress refuses to fund or consent to his project.
WASHINGTON — Overturning a 1985 precedent, the Supreme Court on Friday ruled that plaintiffs may sue in federal court to seek compensation as soon as state and local governments take their property through eminent domain.
There's little visible harm to people living in the United States, and the whole process will take years and years, especially to resolve the issues involving private property and eminent domain along the border.
That's where eminent domain is so likely to come into the equation, and you can bet the staunch conservatives who stayed "NeverTrump" throughout the election will push back on what they'll see as blatant statism.
Cruz has attacked Donald Trump for his support for eminent domain power for private use -- which is opposed by much of the conservative movement and is controversial in New Hampshire -- though Trump's name was unsaid.
Texas Attorney General Ken Paxton (R) said Tuesday that, even though Texans are generally protective of their land, most would support the federal government using eminent domain to take their property to bolster border security.
And on Saturday night Bush had a notably strong debate, getting into an exchange with Trump over eminent domain that ended with Trump saying that the audience was full of establishment donors to loud boos.
While eminent domain is traditionally reserved by the government for public works like roads, and national parks, a provision of the Natural Gas Act of 1938 extends the right to private corporations for interstate pipelines.
Brookhaven, a town on Long Island in New York, agreed in 2018 to use eminent domain if necessary as part of a Corps plan to protect against flooding, according to James D'Ambrosio, a Corps spokesman.
As they had in other parts of the city, notably the Lower East Side, Moses and his Committee on Slum Clearance used a provision of a federal program to claim this land through eminent domain.
The owner of a hundred and sixty acres of scrubland, designated for flooding, refused to sell; after Bush threatened eminent-domain proceedings to force a sale, the state ended up paying nearly five million dollars.
What is more shocking, and less well advertised, is the plan of state and local officials in Wisconsin to use eminent domain to force some homeowners off their property to make way for the plant.
Some landowners with property along the U.S.-Mexico border are preparing legal challenges with the expectation that the Trump administration will use eminent domain to seize land for construction of the president's planned border wall.
There is relatively little dispute over the government's right to use eminent domain to acquire private property, especially when it cites national security as a justification, said Texas Civil Rights Project staff attorney Emma Hilbert.
Meanwhile, critics from both the left and right have taken aim at the 2005 landmark "eminent domain" decision that grants the government the authority to confiscate property from one private owner and give it to another.
SpaceX and Jones Lang LaSalle, a real-estate firm hired to conduct a village buyout, told homeowners that if that happens, the Cameron County Spaceport Development Corporation might use its eminent-domain authority to remove them.
A source familiar with the plans said DHS may have to go to court to seek eminent domain in order to acquire some of the private land needed to cover the final and most ambitious phase.
Just a few climate tools drew majority opposition, namely eminent domain (government taking land from private owners) and geoengineering (shooting sulfur particles into the atmosphere to block sunlight, which apparently still sounds ridiculous to ordinary people).
The litigation in each case started after federal authorities invoked its "eminent domain" power, which under the US Constitution allows for the seizure of private land for public use only if property owners are fairly compensated.
That's changed in recent years, as the blanket phrase of "public use" has been used in eminent domain cases to include razing blighted urban areas or if the land could be seen as encouraging economic development.
Bush slammed Trump during the GOP debate Saturday night for his attempt to use eminent domain to take the property of a 75-year-old woman to build a parking lot for limousines at his casino.
Some who wanted to stay said they feared an eminent-domain process led by Cameron County, in which Boca Chica lies, may eventually force them out to make way for SpaceX's out-of-this-world ambitions.
So we've purchased a plot of vacant land on the border and retained a law firm specializing in eminent domain to make it as time-consuming and expensive as possible for the wall to get built.
And a small number of landowners are still refusing to sell their homes for the project, although the local village has threatened to take them by eminent domain if necessary, raising the risk of protracted litigation.
The Texas Civil Rights Project is representing defendants in two active eminent domain cases so far — with a third coming up soon and many more in the works — and has seen no evidence of shutdown delay.
Lancaster residents, who stand to see portions of dozens of local properties seized through eminent domain, question how a pipeline transporting gas for export markets in Europe and Asia for private profit serves the public interest.
As Sarah Quinlan wrote for RedState: ... everything about Trump's support of eminent domain and using the military is the opposite of the conservative principles I hold dear, such as limited government, individual liberty, and private property.
Action: D.C. made a claim of eminent domain to secure the land for the stadium which it sold to the developer to help subsidize the cost of construction with an annual rent of $1 a year.
The Trump regime isn't conducting proper environmental impact studies for the wall and the government has begun using eminent domain laws to simply take private land by claiming the border wall is a national security issue.
Companies and governments can use eminent domain or other seizure processes to take that property, but the sting eases when you realize they must afford due process and justly compensate the owner for the property taken.
However, a cadre of homeowners say they're prepared to defend their property rights in court, and several of their neighbors may join them if Cameron County, where the site is located, begins an eminent-domain process.
Any feasible construction project is going to need to be straighter than the actual border, which is going to mean using the federal government's eminent domain powers to take privately owned land and basically redraw the border.
This has been a flashpoint between Trump and elements of the ideological right in the past, since he's an enthusiastic proponent of using eminent domain to benefit private economic development projects, which many conservatives regard as unconstitutional.
Last month, Belt Magazine reported local authorities took steps to designate about 3,000 acres of agricultural land, farmhouses, and single-family homes as "blighted"—a move that could allow the government to seize homes with eminent domain.
What to watch: The government would have to use its powers of eminent domain to take private land from Americans at the border to build the wall — something that would likely spark a flurry of legal battles.
And I think most of the people just took the deal that the village was offering because they know the village is doing this, so the threat of eminent domain was always hanging above the whole process.
A federal appeals court will hear argument Wednesday in a case that tests whether state or federal law governs the amount of "just compensation" an interstate pipeline company must pay when it takes land by eminent domain.
The real controversy over eminent domain hit that high in 2005 when the Supreme Court ruled 5-4 that in some cases the government could seize private land and hand it over to private developers as well.
Dakota Access, the court documents said, told the landowners that if they did not agree to the amount offered they faced losing money, having their land taken by eminent domain or that the pipeline would be rerouted.
A group of Texas landowners and local governments have sued Houston-based pipeline operator Kinder Morgan to block its use of eminent domain to take land for its proposed $2 billion Permian Highway Pipeline across central Texas.
And given that Trump has in the past favored eminent domain rights not just for government but also for companies as well, Cruz allies say, he is particularly out on a limb in this New England state.
The Democrats could note to their base that, because all but about 100 miles of the 1,85033 U.S.-Mexico border is in private hands, years of eminent domain lawsuits would likely ensue, which conservatives have traditionally hated.
It's also unclear how arguing that a private spaceport is "a public use" might go in Texas courts, said Christopher Clough, the managing partner at Adler, Clough & Oddo, LLP, a large eminent-domain defense firm in Texas.
The president has assured federal officials he would pardon them if they break the law, dismissing worries about contracting procedures and the use of eminent domain, saying "take the land," according to officials present at the meetings.
The other precedents under attack concern whether lawsuits may be brought against state governments in the courts of other states, and procedures for suing in federal court over government's use of eminent domain to take private property.
Unlike eminent domain for public use — such as building a school or a road — New London scooped up family homes and businesses to develop a location for the Pfizer pharmaceutical company, along with condos and a hotel.
In addition to the low ball offer, the proposal tacks on a bunch of conditions to even begin construction, including existing barrier technology requirements, eminent domain reporting, environmental protection reporting, controller general reviews, and alternate technology reporting.
Yes, the same eminent domain that the City of Los Angeles utilized in the mid-1900s to displace the Mexican immigrant/Chicano barrio of Chavez Ravine to make room for Dodgers Stadium and the Los Angeles Dodgers.
Bloomberg lobbied to have the neighborhood declared "blighted," which allowed the state to seize it through eminent domain and hand it over to Ratner — under the guise that this private real-estate project would improve the community.
The billionaire real estate mogul has used eminent domain to his business advantage, arguing that it's a "wonderful" tool for moving big projects — public and private — that might otherwise be "blocked by a hold-out" property owner.
Meanwhile, the use of eminent domain for private projects that are said to fulfill some public good remains relatively new, but legal experts say it has resulted in a spate of legal battles such as the Joneses'.
In the months since recently ousted Governor Scott Walker's deal with Foxconn was signed, property near the factory site was declared "blighted," which legally allowed the state to seize it via the otherwise illegal practice of eminent domain.
STEPHANOPOULOS: Donald Trump started out more subdued than in the past for most of the debate, right up until the end of that first section when the issue of eminent domain came up, and Jeb Bush was ready.
At most, the eminent domain suits will prevent the administration from being able to build as close to the border as they would like along particular stretches, or force them to leave a gap in the barrier system.
Much of the nearly 2,000 mile-border is owned by private citizens and businesses, whose property will be bought out from under them by the federal government armed with eminent domain laws that can force owners into deals.
He had a heated exchange with Bush on eminent domain during which he effectively insulted every person present in the audience by saying they were not too happy with him because he doesn't take a dime from them.
Under a patchwork of emergency martial law and eminent domain rules, state governments have largely declared the right to seize any necessary land and annexed massive swaths of property from citizens and businesses to build permanent emergency housing.
WASHINGTON — The federal government is giving local officials nationwide a painful choice: Agree to use eminent domain to force people out of flood-prone homes, or forfeit a shot at federal money they need to combat climate change.
Since 1003, the US government has also filed at least 2100 notices -- called "declarations of taking" -- in Starr and Cameron counties, confirming that federal authorities have acquired land or easements to property through the process of eminent domain.
And when he allegedly told members of his staff to "finish the wall" on the southern border with Mexico before the presidential election by, among other actions, using "eminent domain" to expropriate thousands of acres of private property.
And those lawsuits could last for a long time: the Washington Post in January reported that 334 eminent domain lawsuits were filed in South Texas under the Bush administration, and 60 to 70 of them are still pending.
Following the fire, the board of Hadleigh University, on whose campus the St. James building has been located for 150 years, has been trying to seize the property under eminent domain laws in order to build a student center.
The DOE's Power Marketing Administrations, like the Bonneville Power Administration and Western Area Power Administration, own tens of thousands of miles of transmission lines and have financing and eminent domain authority to build new lines and upgrade existing ones.
"The Trump administration's lawsuit against the diocese raises important questions on the exercise of eminent domain to build a border wall and the impact it will have on religious organizations and American taxpayers," the senators wrote in Thursday's letter.
And those who live on the border, in many cases, are the least supportive of all — because they're the ones whose land would have to be seized, via eminent domain, so that the wall could be built on it.
The transit authority could choose a different route for the train, which would probably necessitate years of new planning and review, or it could stick to the current route and take the Duke property it needs by eminent domain.
Yet the Club for Growth, the first conservative outfit to spend significantly on attack ads against Trump, said its internal polling shows that his group's eminent domain attack ad depicting Trump as "bullying property owners" cut through with voters.
In the fall of 953, reports started to emerge in northern New Jersey that homeowners along the proposed route were receiving letters from Pilgrim Pipeline Holdings threatening them with eminent domain if they didn't allow the company to survey their land.
In his state role, he defended displays of the Ten Commandments on public grounds; property rights in the face of government&aposs use of eminent domain and civil forfeiture; and upholding state limits on the rights of gay and lesbian couples.
The work begins by exploring the history of Seneca Village, a community of free black people founded before the abolition of slavery, which was destroyed to make way for the development of Central Park under the pretense of eminent domain.
Find the people hurt by Trump's attempts to exploit eminent domain: The widow whose boarding house he wanted to demolish to make room for a limo parking lot, the small businessmen whose livelihoods he wanted to redevelop out of existence.
When his property was seized by eminent domain, the idea was that the small port of entry that led to the Juarez Valley would be replaced by a large six-lane commercial hub with thousands of trucks expected to pass through.
Eminent domain is the ability of a government to condemn properties for a "compelling public use," though the US Supreme Court in 2005 — in the case led by the Institute for Justice — interpreted that definition to include private "economic development" projects.
When it came to "dealbreakers" for Republican candidates, CPAC voters treated Trump with passive aggression: 38 percent said expanding Medicaid under Obamacare was a dealbreaker, while 36 percent said they would not support a presidential candidate who supported eminent domain.
It centers around Vera Coking, an elderly widow who faced the threat of losing her home in Atlantic City when the city tried to seize it through eminent domain — in order to allow Trump to build a casino parking lot.
Filed on Monday in Travis County, Texas district court, the lawsuit also names as a defendant the Texas Railroad Commission, which is accused of abdicating its duties under state law by not overseeing Kinder Morgan's use of eminent domain power.
The bigger problem, however, with Trump's "military version" of eminent domain is the implication that he can divert military funding to order the military, most likely the Army Corps of Engineers, to seize land and construct the wall without statutory authorization.
It became mired in lawsuits and environmental controversies that sowed deep anger along the border, and required the extensive use of eminent domain, a practice that Mr. Trump has been criticized for using to seize private properties for his big developments.
Democrats on the Senate Homeland Security and Governmental Affairs Committee produced a report on eminent domain and a border wall on Monday, citing the administration's lack of clarity about what would be required to build President Donald Trump's proposed wall.
In a sort of electronic eminent domain, yet without government recompense, prior users of those frequencies must vacate their airwave real estate once T-Mobile or other auction winners move in, rendering all or most of their current gear useless.
A total of 39 landowners are now facing eminent domain lawsuits from the Trans-Pecos Pipeline, with the landowners arguing (and some lower courts agreeing) that their land is worth more than what Energy Transfer Partners is paying for easements.
Once, Mr. Rechnitz said, he called Mr. Offinger to find out whether the city Police Department planned to claim eminent domain over a property that his friend owned in Brooklyn; Mr. Offinger "got me answers," Mr. Rechnitz testified on Friday.
Instead of embracing the plan, Michael McPartland, the mayor of Edgewater, and the town council moved last month to seize the 19-acre parcel under eminent domain to construct a new Department of Public Works building and a public park.
BARCLAYS CENTER Brooklyn, 2012 SHoP Architects The home of the Nets and Islanders was built across the street from Robert Moses' unrealized Dodgers stadium, though the arena was almost unrealized, too, after years of lawsuits over the use of eminent domain.
Cruz, meanwhile, seared Trump, accusing him of being part of the system he purports to disown, referencing his opponent's support of eminent domain policies, which he called "a wonderful thing" in an interview with Fox News' Bret Baier in October.
That's created two challenges for federal authorities: The use of eminent domain to acquire private lands is unpopular, slow and expensive; and a wall built north of the floodplain would leave some private lands on the Mexican side of the wall.
The rest was destroyed by eminent domain, both with the entrance ramps for the Brooklyn-Battery Tunnel which caused much of lower Washington Street to be abandoned by 1946, and the construction of the World Trade Center started in 1966.
State governments, in collusion with Energy Transfer Partners, have deployed the legal apparatus of eminent domain to appropriate Native land on the premise that a private corporation (financed by Wall Street) knows its value better than the people who live on it.
Washington (CNN)Donald Trump opened a campaign rally on Tuesday with a story about him saving a Georgia family's farm from foreclosure 30 years ago -- a tale that also doubled as a defense against new attacks on his support of eminent domain.
Though the Adorers have resisted the pipeline project, the Federal Energy Regulatory Commission has ruled that Williams Partners, the Oklahoma-based company planning to build the pipeline, has the right to construct, maintain and operate it on the private land via eminent domain.
"The possibility of methane leaks from the proposed Constitution Pipeline would be catastrophic to our air and our climate — and if this pipeline were approved, eminent domain would be used to seize land from farmers and homeowners," he said in a statement.
Now, because of the terms of his lease, he is not entitled to any compensation if the property ends up being seized under eminent domain, though he could potentially receive compensation if the building's owner agrees to sell the property to the city.
"It's common to have a first round or first attempt at private negotiations prior to invoking a formal condemnation process," Clay Beard, a partner at Dawson & Sodd, LLP, who's represented private landowners in eminent domain cases for decades in Texas, told Business Insider.
A federal appeals court has declined to revive a lawsuit filed by landowners in the path of a proposed 300-mile pipeline in Virginia and West Virginia who are challenging the constitutionality of eminent domain used to seize land to build pipelines.
In its first proposal, New York offered to use eminent domain to help Amazon get necessary land, and highlighted four city neighborhoods for a new Amazon headquarters, including in the World Trade Center complex and the redeveloped Farley Post Office in Midtown West.
And last week Mayor Bill de Blasio announced that the city would negotiate with landlords and would use eminent domain if necessary to transform so-called cluster housing, or private apartments used as shelter, into permanent affordable housing for formerly homeless people.
Trump has instructed aides to speed up the process of building the wall, directing them to rush through billions of dollars' worth of construction contracts, blow past environmental regulations and to "take the land" necessary by eminent domain, the Post reported Tuesday.
The court ruled that the Connecticut city of New London did not violate the Constitution when it took homes and small businesses using eminent domain for the benefit of a private development, promising the development would generate jobs and more tax revenue.
"They're going to acquire the land for their wall, whether you negotiate with them upfront or they end up filing a lawsuit and taking it by a declaration of taking," said Roy Brandys, a lawyer specializing in eminent domain who represented Mr. Drawe.
In the 1990s Trump and the New Jersey government tried to use eminent domain laws to force the elderly widow Vera Coking to sell her house for Trump's limousine parking lot, but they lost the argument in court and the deal never happened.
In one of the first scenes, two lawyers (one the son of a rancher who owns the biggest ranch in Montana, the other representing the interests of a rich, oily developer) are fighting over the right to claim eminent domain to build a housing tract.
Keeping that in mind, Obama has been credited with a number of accomplishments: Stack that up against Rubio's accomplishments — eminent domain reform, expanded vocational education, uniform building code, and slavery apology, among others — and Obama's record appears a bit weightier, but not dramatically so.
A paralegal by day, she can now quote Wisconsin eminent domain statutes by name and number, and she has started attending civic meetings in neighboring areas, taking the mic to warn residents about the aggressive tactics used to acquire land for the Foxconn project.
O'Rourke's video, posted on Twitter, listed negative consequences from constructing a wall, asserting it would block access to the Rio Grande River, lead to land seizures through eminent domain, make land inaccessible between the Rio Grande and the wall and seal off wildlife corridors.
But the politics of the practice are far less defined, as Trump floats the "military version of eminent domain" and continues to put conservatives who have long opposed the seizure of private property for public use in between a rock and a hard place.
The Southern California town of Manhattan Beach, childhood home of one of my closest surf buddies, used taxpayer money in 1924 to claim eminent domain over beach-side homes of taxpaying African-American residents in order to evict them and make the area whiter.
Trump's incitement of lawlessness reportedly included asking acting DHS Secretary Kevin McAleenan to deny migrants their legal right to petition for asylum, and suggesting that aides violate environmental and eminent domain restrictions in order to push forward on his promised wall at the Southern border.
The city's efforts have not only safeguarded its water system, but also provided tangible economic benefits to residents of upstate towns and villages in the watershed — helping to smooth lingering tensions over the reservoirs, which were built decades ago on land seized by eminent domain.
But Mr. Banks said that review was not suitable for an eminent domain proceeding, which is intended to capture the value of the properties' highest- and best-use potential, and a professional appraisal by Metropolitan Valuation Services later estimated the value at $143 million.
The federal government can legally invoke "eminent domain," a power to take private land or property and convert it into public use enshrined within the US Constitution, but if Trump tries to do so for the border well, he could very well face a fight.
U.S. District Judge Jeffrey L. Schmehl is currently hearing arguments regarding the use of eminent domain to build the 37-mile Atlantic Sunrise Pipeline, which will connect natural gas production in northeast Pennsylvania to the existing Transco natural gas pipeline near the Pennsylvania-Maryland border.
After listing a few things he's done in his career ("protecting the people of Florida from eminent domain abuse"), he spun off into a rant about how Joe Biden has been around for "a thousand years" but no one wants him to be president (not exactly true).
Finally, we see a bathrobe-clad boxer half-strutting, half-rampaging into a a weigh-in with Sonny Liston, where he delivers his infamous "float like a butterfly, sting like a bee" taunt, taking over the room so completely it's as though he'd been granted eminent domain.
"Build a wall!" they hollered, though, only minutes before, the same conservative crowd had applauded a panel discussion on the evils of eminent domain, which Mr Trump has used liberally in his building career, and would have to rely on heavily to build his promised border barricade.
The attacks come as Cruz and his allies have laid into Trump's stances on a number of issues important to conservatives, from Trump's use of eminent domain laws for personal gain to the New York billionaire's past support of abortion rights and additional gun control measures.
Bush, who has been bullied by Trump throughout the campaign, appeared to get the better of the real estate mogul in an exchange about eminent domain, a practice by which a government or private entity can appropriate land or property in return for payment of compensation.
A unanimous panel of the 11th U.S. Circuit Court of Appeals rejected the landowners' claims that, under the federal law that allows pipeline companies to take property by eminent domain, construction cannot start until litigation over the amount of just compensation for that taking is completed.
With no council debate, the private farmland was earmarked for acquisition by the city via eminent domain—and with the improved sewage treatment, Costco then applied to expand the size of the plant onto additional land, increasing production to more than two million chickens per week.
The move is significant because the company building the 1,100-mile (1,886-km) oil pipeline, Dallas-based Energy Transfer Partners LP, has bought tracts of land and relied on eminent domain to clear a route for the line across four states from North Dakota to Illinois.
Although Texas Central has filed appeals and final decisions are forthcoming, at this point they have been denied eminent domain at the state level for failing to meet the legal definition of a railroad and at the federal level for being a solely intra-state railroad.
However, a cadre of residents do not plan to sell to SpaceX, according to reporting by Business Insider, and a nonprofit law firm said it may represent them in court should Cameron County, which encompasses Boca Chica Village, attempt to remove them through an eminent-domain process.
"The reason that eminent domain — a reasonably arcane, esoteric concept — [tests well] is that it shows that Donald Trump has literally bulldozed over the little guy to get his way," said Kellyanne Conway, a GOP pollster who leads the Keep the Promise I super-PAC supporting Cruz.
Some of the properties include four-story residential apartments with stores on the ground floor, according to the M.T.A. But plans for the acquisition, including the use of eminent domain and where residents would be moved to if they are displaced, have not been finalized, agency officials said.
The Bloomers said that a family next door, which Business Insider could not reach for comment, is on board with going to court over an eminent-domain process should the county come knocking and the Institute for Justice, or some other outfit, be willing to represent them for free.
Conservatives have tended to put up most resistance to presidential overreach, but find their party is now led by a president who has closed down a quarter of the federal government rather than bow to Congress, and wants to make extensive use of eminent domain to build his wall.
" And on Tuesday, Napolitano said very much the same on Fox & Friends, arguing also that even a state of emergency wouldn't allow the Trump administration to take or occupy the land needed to build the wall, which Trump had referenced doing via the "military version of eminent domain.
Property owners in Texas are fighting the government's efforts to take their land through eminent domain to build a wall, just like many of them fought (and are still fighting) efforts made by the Bush administration to take their land to build a "secure fence" 10 years ago.
"  He drew boos from the auditorium when he first sought to "shush" Jeb Bush on the issue of eminent domain and, immediately afterwards, suggested that the negative reaction had occurred because the audience was largely comprised of "donors, special interests, the people who are putting up the money.
Wittmann was able to rally renewed support from his group, and Dave Domina, who had extensive experience in eminent-domain law from working with landowners on the Keystone XL route, said he was willing to help with a legal challenge to this use of governmental power for private corporations.
He's also stiffed contractors, illegally imported Polish workers and underpaid them (after trying to stiff them as well), and has received a massive amount of special privileges that you or I could never dream of, such as tax breaks, use of eminent domain and court-ordered loan extensions.
In January, Clinton advisers were startled after Senator Ted Cruz of Texas released an ad that alleged that Mr. Trump had used eminent domain to try to bulldoze an elderly widow's home in Atlantic City, making way for a parking lot to accompany one of his namesake casinos.
Black businesses were unable to be a major part of the "downtown development" due largely to the destruction of Paradise Valley and the lack of compensation to Black-owned businesses when they lost their businesses through eminent domain for the building of the I-75 & I-375 highway.
Protests in that state had not garnered as much attention as the ones in North Dakota, but some farmers in Iowa had argued unsuccessfully in court that state regulators had been wrong to grant the pipeline company the power of eminent domain to force its way through their farms.
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.
If a private property owner refuses to grant an easement, a government actor can compel them to do so through the power of eminent domain, but a private company has no such right, meaning Musk would be forced to divert the tunnel route around any landowners who refused to cooperate.
Also, the lawyer is believed to have said that SpaceX's three-times-appraisal offer was a "brilliant" move on the company's part, since a jury in an eminent-domain proceeding determines how much a homeowner gets — and they would not be sympathetic to anyone who turned down that kind of money.
Renée Flaherty, an attorney with the firm, told Business Insider that while its board members had not yet approved legal representation for Boca Chica residents, the case would be "right in the wheelhouse" for the institute and "pretty likely" to be taken on if Cameron County moved to use eminent domain.
Another eminent domain case filed by the U.S. government stretched out for seven years and 140 court filings, as Eloisa Tamez fought attempts to put a few acres of family land - awarded in a grant from the King of Spain in 1767 - on the Mexico-facing side of the wall.
"Donald Trump has said he thinks eminent domain is fantastic, and he supports using government power to seize private people's homes, to give them to giant corporations to say hypothetically build a casino," Cruz said in Wakefield, the first time that Cruz voluntarily brought up Trump's record before an audience.
Add the legal fees to seize land through eminent domain, often a multi- year court battle — more than 90 such lawsuits are still open in Texas from the 2008 effort to build a fence there — not to mention the compensation the U.S. will have to pay for the seized land.
Filed on Tuesday by Atchafalaya Basinkeeper, Louisiana Bucket Brigade and 350 New Orleans in state court in Baton Rouge, the petition argues that the Bayou Bridge Pipeline company is subject to the state's public records law because it is using eminent domain, a sovereign power, to take land for the pipeline.
To them Trump is a Democrat who happens to be an immigration hardliner: he won't touch entitlement reform, he is anti-trade and anti-interventionist, he loves eminent domain and the ObamaCare mandate, wants the government to provide subsidized coverage for those who can't afford it, and defends Planned Parenthood.
Trump's first 100 days agenda features a Sessions-esque promise to look into "visa abuse" and the three-person landing team at the Department of Justice includes Ronald Tenpas, who has expertise in eminent domain lawsuits pertaining to the seizure of land for the purposes of building border security barriers.
It's also been an unexpected artistic muse, whether for creators experimenting with this detritus of consumerism or as a place that represents environmental destruction by industry (the name comes from the old horse-rendering plants at the site) and the use of eminent domain to radically alter New York City's geography.
PennEast obtained approval from the U.S. Federal Energy Regulatory Commission to build the project in January 2018 and promptly sued in federal district court to use the federal government's eminent domain power to gain access to 131 properties along the route in New Jersey under the U.S. Natural Gas Act.
Or, will President Trump use eminent domain — a powerful planning tool, where the government claims or takes over private property for the public good — to take possession of all football stadiums, baseball fields, soccer fields and basketball arenas, in addition to building new ones, to detain millions of undocumented immigrants?
After Trump defended the process of eminent domain, the process of government claiming private property for public use, as a necessity, Bush tore into Trump's use of the process to try to force an old lady out of her home so he could build a limo parking lot for his Atlantic City casino.
Eminent domain allows land to be forcibly purchased for fair market value for the public good, but I fail to see how a project that would provide no benefit to the rural Texans in question, many of whom live far from any of the planned stations, qualifies as for the public good.
Soon, he'd joined with other local residents and business owners in the proposed project footprint to form Develop Don't Destroy Brooklyn, and set out to challenge the tactic that most directly threatened themselves and their neighbors: any possible use of state eminent domain powers to seize private buildings and raze them on Ratner's behalf.
Republican presidential candidate Jeb Bush on Sunday defended his attack against rival Donald TrumpDonald John TrumpPossible GOP challenger says Trump doesn't doesn't deserve reelection, but would vote for him over Democrat O'Rourke: Trump driving global, U.S. economy into recession Manchin: Trump has 'golden opportunity' on gun reforms MORE on the issue of eminent domain.
DHS maintains that this step of the process, in particular, is going a lot faster under Trump than it has under previous presidents, largely because it's such a high priority — so that, for example, there are government attorneys who are dedicated full time to the eminent domain lawsuits to gain ownership of border land.
Despite its best efforts, however, the stunt is unlikely to actually prevent the wall from being built because of eminent domain — the power of the government to seize private property for public use — which would allow the U.S. government to take Cards Against Humanity's land for a wall that it considers to be a matter of national security.
The speed and scale of the required construction often sets in motion a number of mechanisms that enable wholesale gentrification: massive land purchases, the state's use of eminent domain to seize the private land of mostly poor residents, the relinquishment of public land to private entities, and the creation of non-elected private bodies to manage the process.
Likewise, the Department of Navy filed thousands of eminent domain cases to acquire land for the Chocolate Mountain Gunnery Range during World War II. If Congress passes a budget that includes Trump's $5 billion in border wall funding, then technically it is possible that the Army Corps of Engineers could begin seizing land and constructing the wall.
Op-Ed Contributor GENERATIONS of the Holleran family have harvested sap from trees on their land in New Milford, Pa. In early March, their small maple syrup business was nearly destroyed when armed federal marshals accompanied men with chain saws onto the family farm and used the power of eminent domain to cut down most of their maple trees.
A U.S. Army veteran and nursing instructor at the University of Texas Rio Grande Valley, Tamez fought an eminent domain case against the Department of Homeland Security in 2007 after she rejected the agency's request to let them build the wall through her backyard, cutting off the access to the river her family enjoyed for generations.
She's been taking her sprawling land art projects "The Blued Trees" and "The Blued Trees Symphony" to locations in New York, Virginia, and West Virginia, in hopes that by having them protected by the Visual Artists Rights Act (VARA), she can prevent the use of eminent domain to seize lands where the artworks are situated for pipeline construction.
"The majority opinion in Kelo was controversial to liberals and libertarians alike given that the city was, in effect, using its eminent domain power to transfer property from one private owner to another in a manner that seemed to run afoul of, at least, how the public perceives property rights if not how the Supreme Court has historically understood them," Vladeck noted.
Justice Kennedy was an idiosyncratic, if not always rigorous, libertarian moderate, and he leaves an America that has been nudged, and in some cases shoved, in the direction of his particular political preferences: With some notable exceptions for medical marijuana and eminent domain, he tended to favor individual dignity and autonomy, and was probably the court's most staunch defender of free-speech rights.
FERC routinely uses a legal loophole that prevents people from challenging its approval before a pipeline company uses the power of eminent domain to cut through private property, public parks and preserved lands.. This loophole has placed organizations like mine in legal limbo for as long as 85033 months all the while construction and the taking of property rights proceeds.
Mr. Schumer said that he would not rule out approving funding for a wall in 2018, but that Mr. Trump must first explain how he plans to use eminent domain to acquire land along the border, the effects of the construction on the Native Americans and how he plans to persuade Mexico to reimburse the United States for the costs.
More recently, though, there was an outcry in 2014 when the society gave its signature Jacqueline Kennedy Onassis Medal, meant to recognize "an outstanding contribution to New York City," to executives of Forest City Ratner, the company responsible for the controversial Atlantic Yards development in Brooklyn, which used eminent domain to pave the way for a basketball stadium and apartment buildings.
In reality, this was not a singular event, but a tipping point on decades of institutionalized discrimination, including eminent domain land grabs by the city to make way for highways through some of Detroit's strongest black communities; white flight leading to the devaluation and dissolution of neighborhoods; and predatory economics that made the cost of living increasingly unviable for city residents.
"I can assure you that in Colorado, if a president said he was going to use eminent domain to erect a barrier across the state of Colorado, across the mountains of Colorado, he was going to steal the property of our farmers and ranchers to build his medieval wall, there wouldn't be an elected leader from our state that would support his idea," Bennet said.
Buttigieg's plan also empowers federal agencies, including the Department of Justice, the Department of Health and Human Services, and the Federal Trade Commission to intervene when necessary, and would allow an attorney general to invoke eminent domain power to seize patents on drugs when so-called "worst offender" pharmaceutical companies refuse to negotiate prices or in cases of natural disasters or public health emergencies.
The proposals by McKibben, who has accused ExxonMobil of climate fraud and "unparalleled evil," reflected the ambitions of an invigorated environmental movement: a ban on fracking, a tax on carbon, a climate test for new energy projects, a ban on fossil fuel extraction on public lands and a prohibition on government ability to use eminent domain to seize private land for fossil-fuel projects.
He'd also spent $300 million on a sports franchise that he had seemingly no interest in, plus about $900 million more on an arena, and received something less than that in return — though one could argue that the lure of the Nets had at least helped him get his hands on some lucrative property, and the state eminent domain powers needed to pry it loose from its private owners.
Following attacks from primary rival Jeb Bush about his past use of eminent domain, Republican presidential hopeful Donald TrumpDonald John TrumpPossible GOP challenger says Trump doesn't doesn't deserve reelection, but would vote for him over Democrat O'Rourke: Trump driving global, U.S. economy into recession Manchin: Trump has 'golden opportunity' on gun reforms MORE on Sunday accused the Bush family of using the practice to build a baseball stadium in Texas.
That venture, one that the city's transportation commissioner, Polly Trottenberg, recently called "the most challenging project not only in New York City, but arguably in the United States right now," would take six to eight years at the minimum, potentially result in eminent domain issues that would cause the destruction of public and private property worth tens of millions of dollars and generally bring added pollution and chaos.
Democrats endorsed additional "border security" and President Trump opined that a wall need not be a contiguous physical presence — smart, since it couldn't possibly have a solid foundation anyway, given the mountainous areas and the fact that some of the border runs down the middle of the Rio Grande River, not to mention that much of the land along the border is in private hands whose owners will fight eminent domain to their last breaths.

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