Trump Administration Lawyering Up for Eminent Domain at the U.S.-Mexico Border

One of the nuggets of significance in the Trump Administration's budget draft indicates the president's seriousness about building a wall on the border between the United States and Mexico.

2 minute read

March 17, 2017, 6:00 AM PDT

By James Brasuell @CasualBrasuell


Border Wall

mdurson / Shutterstock

"President Donald Trump wants to hire 20 lawyers to work on obtaining the land needed to build a wall along the Southwest border," reports Joe Palazzol. "He may need more."

"Mr. Trump’s 2018 budget request to Congress asks for the 20 additional Justice Department attorneys to 'pursue federal efforts to obtain land and holdings necessary to secure the Southwest border,'" adds Pallazzo.

Expect a lot of Americans to get a lesson in eminent domain if the Trump Administration moves forward with the border wall plans. According to the article, about 67 percent of the 2,000-mile border is privately or state-owned. Any seizure of land to build walls will require the federal government to demonstrate that the land will be used for public purposes, as well as paying just compensation for the seizure of the land. "It could take months or even years for the Trump administration to bargain individually with the hundreds of private landowners along the border," according to Pallazzo.

Alan Rappeport and Glenn Thursh provide additional coverage of the Trump Administration's budget proposal, focusing on other cuts proposed for other parts of the federal government. After noting the budget's call for 20 new DOJ lawyers, Rappeport and Thrush also report that the "White House is expected to make a supplemental request of $1.5 billion on Thursday to get work started on the wall this year."

Eminent domain is already becoming a reality in Texas, where Melissa del Bosque reports that some property owners along the Rio Grande have already begun to receive a "Declaration of Taking"—legal notice that the U.S. Department of Homeland Security (DHS) wants to build a border wall on private property.

[The Wall Street Journal might be behind a paywall for some readers.]

Thursday, March 16, 2017 in The Wall Street Journal

Young Professional

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban and Environmental Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban and Environmental Planner

Get top-rated, practical training for planners

Overlapping highways

The state-sanctioned urbicide of Austin

People don’t kill cities. Freeways do.

September 8, 2026 - Benjamin Schneider

The Hoover Dam blocking the Colorado River. The river's water level is noticeably low. The cliffs surrounding the blue water are brown and jagged.

US to reduce Colorado River water deliveries to Mexico

A new Colorado Treaty amendment reduces Mexico’s Colorado River water allocation by 250,000 acre feet.

September 11, 2026 - The Arizona Republic

Skyscrapers in Jersey City.

New Jersey’s second-largest city bans standalone data centers

Jersey City will continue to allow co-location facilities, such as those meant for research institutions that store their own data.

September 4, 2026 - The Cool Down

A New Jersey train approaches people waiting at the station.

Amtrak not solely to blame for New Jersey commuter rail's unreliability, report finds

A new study from the Garden State Initiative found that NJ Transit’s budget grew 20% across a 4 year period, but reliability declined significantly over the same period.

September 15 - Mass Transit

A tall, gray power plant billows smoke into a blue sky.

EPA erases limits on planet-warming pollution from power plants

Under Monday’s plan, power plants would still have some limits on how much mercury, arsenic and other contaminants they can emit.

September 15 - New York Times

A white RAPID bus. The lower half is light blue, and says RAPID in purple text. The bus is half visible, appearing from the left side of the image.

Phoenix announces new on-demand transit service, more frequent RAPID buses

Both new services will launch in October, and are part of Phoenix's Project Effective Access Solutions for Easing Congestion.

September 15 - KJZZ

FREE Course: Walkable City 1: Why Walkability?

After describing his path towards focusing on walkability as the essence of good planning, Jeff Speck marches through his five principal reasons for making more walkable places.

Reinventing Malls: Planning Alchemy—Turning Gray Fields Into Gold

The course focuses on the opportunities and imperatives that shape reinvention of mall sites.