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Border Wall Versus Eminent Domain

Phoenix & Southwest  + Southwest  + Weekender  | 

President Donald Trump’s proposed border wall between the United States and Mexico will require billions and, if built, will span close to 2,000 miles from San Diego, CA to Brownsville, TX.

Matthew Deal of Deal Sikes and Associates in Houston told Realty News Report that building the border wall will require the purchase of “a significant amount of privately owned property, much of it in Texas.” And, because of the U.S. Constitution, land owners are to receive “just compensation” if the land is taken through eminent domain for public use.

Deal suggested that any eminent domain process begin with analysis of land values, before the owner is approached with an offer. Otherwise, he said, litigation or contentious negotiations could result. According to a 2009 Department of Homeland Security report on efforts to construct border fencing, real estate acquisition and litigation problems stymied the effort.

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