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Atticus

(15,124 posts)
Tue Jan 30, 2018, 10:28 AM Jan 2018

How to stop the wall---

The proceeding by which the government takes private land is called "condemnation" and requires that the record owners of all the relevant parcels be served with process, essentially summonses, in order to acquire jurisdiction or authority to proceed.

I propose that narrow strips of land along the border area be surveyed and divided into, say, one square foot parcels which could then be sold for just the amount necessary to record the deed to people all over the country. Trump's wall builders would then have to track down and serve each owner before they could take the land. I am aware that publication is an alternative to personal service of process, but that usually, I believe, requires an affidavit to the effect the owners are either unknown or cannot be located after "due and diligent effort".

Not a federal condemnation expert, but could this work?

6 replies = new reply since forum marked as read
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How to stop the wall--- (Original Post) Atticus Jan 2018 OP
An interesting idea. nt avebury Jan 2018 #1
It wouldn't matter. world wide wally Jan 2018 #2
Who would pay for the surveying, etc? MichMary Jan 2018 #3
I believe there are surveying firms who would do this "very reasonably" or even Atticus Jan 2018 #4
What if the government MichMary Jan 2018 #5
"Eminent domain" is the over-arching concept that allows the government Atticus Jan 2018 #6

MichMary

(1,714 posts)
3. Who would pay for the surveying, etc?
Tue Jan 30, 2018, 11:09 AM
Jan 2018

Who would be selling the land? Many, many of the current owners are probably Trumpsters who wouldn't support this idea.

And--If you could implement this plant, they would probably just move the location of the wall a few feet.

Atticus

(15,124 posts)
4. I believe there are surveying firms who would do this "very reasonably" or even
Tue Jan 30, 2018, 12:07 PM
Jan 2018

"gratis" because, contrary to your supposition, most of the current landowners think the wall is a stupid idea and want it stopped. It would be good "P.R." for the surveyors and attorneys who helped out. Much of the "subdividing" would not even require a new survey, but could be done as paperwork by attorneys using existing publicly recorded documents.

To the extent that funds are required, I am reasonably sure that some combination of groups like the Sierra Club, MoveOn, and any never-Trump or immigrant rights groups could come up with the funds.

As for them moving the wall, there are several locations where there is really only one place a wall could be built. Block construction there and you've stopped the wall.

I think it could work.

MichMary

(1,714 posts)
5. What if the government
Tue Jan 30, 2018, 12:11 PM
Jan 2018

takes the land through eminent domain? Each of those thousands of landowners would have to file suit to prevent it.

Atticus

(15,124 posts)
6. "Eminent domain" is the over-arching concept that allows the government
Tue Jan 30, 2018, 12:58 PM
Jan 2018

to take private land for public benefit. "Condemnation" is HOW they take it---the legal procedure by which they exercise eminent domain.

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