AZMEX UPDATE 31 OCT 2017
Note: Wonder if the investigators are aware of the Roosevelt Easement?
KOLD Investigation: Backyard Border - Government could take Arizonans land to build border wall
Monday, October 30th 2017, 7:58 pm MST
Monday, October 30th 2017, 9:23 pm MST
By Craig Thomas, AnchorCONNECT
http://www.tucsonnewsnow.com/story/36722180/kold-investigation-backyard-border-government-could-take-arizonans-land-to-build-border-wall
TUCSON, AZ (Tucson News Now) -
The border wall is one of the most controversial and talked about issues in the country. But there's one key part of the wall that's not being discussed, the government would need to buy land from people in order to build parts of the wall - whether or not the people want to sell.
Kelly Kimbro is one of those people. She's a fifth-generation rancher near Douglas.
"This is our life," she says, driving a truck on her property. Kimbro allowed the government to build a border fence years ago. It's less than five feet high. If the Trump administration builds the 15-foot high border wall, it would go right where the fence is now. Kimbro wants no part of it.
"The border wall is not going to increase border security. You can build a structure, but I can guarantee you people are going to go under it or over it," Kimbro said. She wants our country to have strict immigration policy. Stating the number of illegal immigrants and drug smugglers who have crossed the border on her land has steadily decreased over the last decade, and nosedived since President Trump took office.
[READ MORE: Trump's border wall models take shape in San Diego; Hammers, axes will help test Trump border wall prototypes]
Kimbro told Tucson News Now she's more scared of our government than any migrant or drug mule because of eminent domain. Eminent domain comes under the 5th amendment of the constitution – allowing the government to take somebody's private property if they give that person "just compensation."
Kimbro says there's no price tag for her land and way of life. "Eminent domain is a phrase that should not be used against United States citizens. You can't just do this in the United States of America, it's not right, to take the land from people who have worked on it for six generations. That's not right."
Tucson News Now did some research and found the government admits it doesn't exactly how they would use eminent domain to get land along the 2,000 mile border, or how much it would cost.
Earlier this year - The Department of Homeland Security issued this written response to a senator's question about eminent domain. Admitting while it hopes to buy the land from owners - "there are situations where that may not be possible."
The department also wrote it has no idea how much buying the land - or dealing with lawsuits from land owners - would cost taxpayers. We asked for clarification on the answers. DHS said it would respond, but never did.
Kimbro says she has yet to receive a letter from the government asking to buy her land. But the government has sent letters out to people in Texas.
Federal government letter to Texas landowner by Tucson News Now on Scribd
The government offers a deal for the land, but reserves the right to force people to sell. The government used eminent domain to take people's land when they built parts of the wall in Texas back in 2006, and many homeowners filed lawsuits.
Texas landowner's lawsuit over use of eminent domain by Tucson News Now on Scribd
The issue of eminent domain doesn't get the attention of other aspects of the building of a border wall.
"When it comes out, it'll be too late. It's under the radar, and that's not right. There are no ranchers or farmers who can afford to fight the federal government and try to keep their land, and in the end everybody loses," Kimbro said.
end
See also:
AZMEX UPDATE 27 AUG 2013 AZMEX SPECIAL 2 MAY 2014 AZMEX SPECIAL 12 MAR 2016 (AZ statehood in 1912 )
And:
May 27, 1907. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Mexican boundary, Preamble - WHEREAS, it is necessary for the public welfare
that a strip of land lying along the boundary line between the United States and the Republic of Mexico be reserved from the operation of the public land laws and kept free from obstruction as a protection against the smuggling of goods between the United States and said Republic;
Establishment of a strip of land 60 feet wide, Location - Now, therefore, I, THEODORE ROOSEVELT, President of the United States, do hereby declare, proclaim and make known that there are hereby reserved from entry, settlement or other form of appropriation under the public land laws and set apart as a public reservation, all public lands within sixty feet of the international boundary between the United States and the Republic of Mexico, within the State of California and the Territories of Arizona and New- Mexico;
and where any river or stream forms any part of said international
boundary line, this reservation shall be construed and taken as extending to and including all public lands belonging to the United States which lie within sixty feet of the margin of such river or stream.
Lands excepted - Excepting from the force and effect of this proclamation all lands which are at this date embraced in any legal entry or covered by any lawful filing, selection or rights-of way duly of record in the proper United States Land Office, or upon which any valid settlement has been made pursuant to law, and the statutory period within which to make entry or filing of record has not expired; and also excepting all lands which at this date are embraced within any withdrawal or reservation for any use or purpose to which this reservation for customs purposes is repugnant; PROVIDED, that these exceptions shall not continue to apply to any particular tract of land unless the entryman, settler or claimant continues to comply with the law under which the entry, filing or settlement was made, or unless the reservation or withdrawal to which this reservation is inconsistent continues in force;
Use for public - PROVIDED FURTHER, that the said strips, tracts, or parcels of land, reserved as aforesaid, may be used for public highways but for no other purpose whatever, so long as the reservation of same under this proclamation shall continue in force.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the United States to be affixed.
DONE at the City of Washington this 27th day of May, in the year of our Lord one thousand nine hundred and seven, and of[SEAL.]the Independence of the United States the one hundred and thirty-first.
By the President: THEODORE ROOSEVELT
ELIHU ROOT
Secretary of State.
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