The Trump Administration is reportedly preparing “Declaration of Taking” papers that would allow the federal government to seize private property in Texas for the border wall. While the government’s threat to seize land for the wall is nothing new, the “Declaration of Taking” is new.
The government has long threatened to use eminent domain to obtain the land it needs to build the wall. Such a process requires the government to first negotiate with the property owner regarding compensation for the seized property. When an agreement can’t be reached, the issue is decided in the courts.
A “Declaration of Taking” allows the government to bypass this process. The government will simply seize the land, build the wall, and the issue of compensation will be handled at a later time. All the government must do is issue a “Declaration of Taking” and the rule of law is cast aside.
The purpose of government is the protection of individual rights, including property rights. When the government can arbitrarily seize property and due process is ignored, the protector of our rights becomes their most egregious violator. When the government can undertake such actions, the right to property has been destroyed.
The pretext for annihilating property rights is to protect Americans from the influx of immigrants from south of the border. And so we are presented with the grotesque claim that protecting our rights requires violating our rights. If we accept that premise, then we have given government the authority to do anything.