The Trump administration sent dozens of letters to landowners living on the U.S.-Mexico border, warning them that federal officials plan to survey their land to build new sections of border wall.
U.S. Customs and Border Protection has been preparing to use eminent domain, which allows the federal government to seize private property for public use, to forcibly buy up land along the U.S. southern border since last year. The Department of Defense has now sent warnings of potential seizures to landowners in California, New Mexico, and Texas, according to CNN.
“The Right of Entry letter grants the government permission to enter specified private lands to conduct environmental assessments, property surveys, appraisals, geotechnical and other exploratory work to facilitate future land acquisition and construction of a border barrier on those lands,” U.S. Army spokeswoman Cheryle Rivas said in an email.
“Should the landowner decide not to sign the Right of Entry letter, the Army may refer the matter to the U.S. Department of Justice to initiate a condemnation for court-ordered temporary access to the property,” Rivas added.
If the Trump administration used eminent domain, the Fifth Amendment entitles landowners to “just compensation” for the land that is taken. Just compensation is usually defined as fair market value, so landowners can expect to fight with the government to get paid what they think the land is worth.
Money for the border wall constructed on private land would come out of the Pentagon’s budget of money President Trump ordered redirected from other military projects.
