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The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract

The true effects of private takings do not occur in a vacuum and are not solely academic in nature. The consequence of losing property implicates loss of income, loss of value in residual property, and loss of familial land. The importance of protecting the rights of individual land-owners becomes increasingly apparent when analyzing the effect of the taking.

This comment will explore how the government’s taking of private property occurs—including how the government has loosened restrictions and procedural hurdles. The analysis will focus specifically on processes, policies, and statutes, created and used by the federal government to facilitate takings necessary for the construction of the border wall separating South Texas and Mexico.

Last Page

368

First Page

329

Date Created

2023-05-01

Journal Title

The Scholar: St. Mary's Law Review on Race and Social Justice

Volume Number

25

Issue Number

3

Publisher

St. Mary's University School of Law

ISSN

1537-405X

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