NBC News reports that administration officials are preparing the requisite court filings in Texas that will facilitate the condemnation of the private property necessary to construct the border wall. In a departure from typical eminent domain cases, however, the Declaration of Taking Act may be utilized in federal court.
According to the report, “If the government files under that law, and its action survives expected legal challenges, the title would automatically transfer to the government. The government has to name the price it expects to pay, but actual negotiations with the landowners about the price don’t begin until after the land is taken.”
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