Eminent Domain

Check this out:

A federal judge has ordered a Texas woman to allow the government to survey her land in connection with the ongoing construction of the Southern border security fence, the latest victory for the Department of Homeland Security in a series of legal skirmishes arising from construction of the immigration-control measure.

Eloisa Tamez has been a leading figure in opposition to the fence. The federal government sued Tamez and dozens of other landowners in its efforts to complete construction of the 670-mile physical barrier along the U.S.-Mexico border. The law calling for the building and funding of that border fence was passed in 2006 by the former GOP Congress.

‘The government is hereby granted the right to survey, make borings, and conduct related investigations on [Tamez’s] tract of land,’ said the ruling issued late Thursday in the U.S. District Court for the Southern District of Texas.

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Bonus points to the first liberal law student who can figure out a way to complain the Bush administration is not doing enough to control illegal immigration and simultaneously to complain the Bush administration should not be invoking its eminent domain powers to acquire land on which it actually can build the border security fence. That would take real talent.

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Here’s a link to Reuters’ version of events.

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P.S. — The judge who issued that ruling, Andrew Hanen, was nominated by George W. Bush. Ironic, huh?

Better Late Than Never
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