December 8, 2007


Border fence holdouts hit with eminent domain threat: 150 landowners in Texas have yet to grant access to build the barrier (MICHELLE MITTELSTADT and JAMES PINKERTON, December 8, 2007, Houston Chronicle)

Taking aim at the Texas holdouts refusing to allow surveyors onto their property, Homeland Security Secretary Michael Chertoff made clear Friday that he would use the government's power to seize land needed for the border fence.

You bring the Yoo-Hoo and we'll pop the corn, 'cause it'll be more fun than a bag of cats watching the far Right try to square that circle.

Posted by Orrin Judd at December 8, 2007 9:54 AM

As the self-appointed ambassador from the wahoos, I will do all I can to persuade them that hardworking Mexicans are better than Kelo-sucking government officials.

I must also remind you that this wouldn't really be a Kelo case unless Chertoff sold/gave the land to Costco or Boeing - which I'm sure has been discussed in the vetting of bribe-worthy Republican projects.

Posted by: Bruno at December 8, 2007 10:46 AM

Just delicious.

Posted by: ratbert at December 8, 2007 12:17 PM

Taking away someone's business or home so the land can be sold to big developers that will create taxes is a lot different than taking land for what is considered a national security issue. And I'm on your side.

Posted by: Patrick H at December 8, 2007 12:25 PM

The fence is just a Boeing subsidy.

Posted by: oj at December 8, 2007 12:52 PM


The Founders, following the Common Law, considered efficient use of property to be a fundamental issue of national security, which is why they placed it above property rights in the Constitution.

Posted by: oj at December 8, 2007 1:00 PM

At least along the Canadian border, you don't really own the land right up next to it (like 20ft or so), no matter what you might think as the owner. Our various treaties with the Evil Canucks specifiy what can and can't be done in that strip, and how that band is supposed to be maintained. (For example, they require clear sightlines, which is why it's kept free of trees, even in the middle of nowhere, like along Idaho's edge.) Right now there's a dispute wending its way through the courts over just such a case near Blaine, where some homeowner is prevented from doing the landscaping they desire. (It also includes some silly border commissioner who thinks he's immune from Presidental Authority.)

Posted by: Raoul Ortega at December 8, 2007 3:26 PM