‘Quoin | “Topi | Border Wall Land Tearing | Bung Aiba Tra Trough Borer Sea rags eo Ge Sots Sar Brinig: | The Bonar Mane Reo ‘Comer | JUDICIARY (SENATE Question: Following the passage of the Secure Fence Act in 2006, the U.S, built neerly 700 miles of fencing along federal land in California and Arizona. Tn Texas, however, ‘mos ofthe land along te U.8.-Mexico borer is privately owned. When the government tempted to take parts of tht land, meny owners sued. The government hes spent years litigating the issues, and nearly 100 cases are still open. According tothe Goverameat ‘Accountability Ortce, only about one-third ofthe land on which the President's proposed. border wll would st is owned by the federal government or Naive American tribes. Does DHS plan to wseertinent domain to procure the land it needs to build the border wall? Response: Its always DHS" preference to acquire private property through voluntary sale. However, there are situations where that may not be possible. For instance, past practice has shown that in sone location, i is impossible to determine the rightful ‘owneciowners ofthe property based upon the aveilable property records. In such eases, the Govemment must file a eondemation action to equire the property and the Court proosedings will dtermine who awns the propery, and thus, who has the righ t just ‘compensation for that property. In addition, there may be times when the Government and the landowner cannot agree on a price, or a landowner is unwilling to sell for any amount of money. In such situations, condemnation is the only method for acquiring the needed property. ‘Question: How much is the government prepared to spend fighting landowners in court? Response: AL ths early sige, DHS cannot reasonably forecast rota or final land acquisition costs associated with the border wall, However, for border barrier projects outlined inthe FY17 enacted budget andthe FY18 Prosident’s budget, CBP included a rough onder of magnitude for real estate costs based on lessons feared from the border ‘ence project. CBP cannot estimate or identify any specific or definitive real atate costs for equizements until CBP begins conducting the necessary planning and research Question: Is there uidane> in place to determine the appropriate amount of "ust compensation to which Iandowners subject to eminent domain are constitutionally entitled? Response: Legally, just compensetion is defined asthe fiir market value of th propecty on the date the Government filed the complaint in federal district eourt—in oer words, the date of the taking. Home v. Dep't of Agric, 135 S.Ct. 2419, 2432 (2015) (“TheGass | = "Fopey | Bonde Wat Taae ‘eavng: | Bulag Aseria Tas Tough Border Scary. Progreso We Souiem Border Primary? | The Henan Mae ros ‘Commies | JUDICIARY SENATES Court has repeatcly held that just compensation normally isto be measured by “the ‘market value ofthe property at the time of he taking") quoting United States v. $0, Actes of Land (Duncanville), 469 U.S, 24, 29 (1984). ‘The concept of compensation to landowner may include not only compensation forthe property that is 2oguired, but also compensation to a landowner for damages tothe remainder ofthe andowoer’s property. “Severance damages” refers to damages awarded twa property owner for toe reduction in fet market value ofthe land asa result of severing the conderaned lad froma larger parcel of land. See United Stats v, Mil 317 US. 369, 376 (1943),