Along the Texas border with Mexico there is a rich history of frontier pioneers, who carved out space in spite of many obstacles. Mexican bandits, Native American tribes uninterested in having their land stolen, harsh weather extremes, tough topography, and simple isolation made ranching in the southern reaches of the Lone Star a very tough ride indeed.
Generations later, the descendants of Texan grit now face an interloper they may not be able to fend off – the US Government. Unlike New Mexico and Arizona, much of the Texas border land Trump’s Sinclairian vision has seen fit to facilitate “the Wall” is privately owned by families who can trace their deeds back generations. Eminent domain, the very rare subject that this President actually does know a good bit about, will be required to free up hundreds of miles of land earmarked to oblige Trumpism’s xenophobia.
Most of the land’s owners are like Fred Cavasos, whose family has ranched 77 lonely acres in the Rio Grande Valley for generations. He has been served notice that the plan is to literally run the wall through the middle of his holdings, fully cutting off his operation from the river’s lifeblood, essentially making his tract impossible to farm or ranch, worthless to any buyer. His pro bono lawyer says he has exactly two choices: sell his birthright at roughly market price to the government; or head to court for a long and costly fight he’ll surely be unable to wage for very long… Donald Trump’s wheelhouse. A deal one can’t refuse.
Hearing the President talk about eminent domain the other day was like listening to a chef talk about a favorite cut of meat; it was clearly a subject close to his heart, and unlike the galaxy of other topics he spews nothing but guff about, Trump spoke with the comfortable cadence of one with experience in the matter at hand. Suddenly, the guy elected to turn America’s energy future back to coal mines, its trade practices back to Smoot-Hartley of the early 30s, and how White America views minorities back to the good old days of Jim Crow, was expounding on the pivotal role land seizure plays in the nation’s progress. Yet and still, no one can deny the Donald knows eminent domain in all its nasty particulars.
Vera Coking of Atlantic City, NJ can attest to Trump’s bona fides when it comes to seizing land with the help of lawyers on retainer and the state. In 1993, looking to pave Coking’s land to create a parking lot for the limousines of high roller patrons of his casino next door, Trump offered $251,000 for the property. Near 20 years earlier, Penthouse Magazine owner, Bob Guccione, himself looking to create a posh hotel on the property, had offered Coking more than $1 million to sell. She accepted neither offer, but Trump wasn’t taking no for an answer. Along with the Casino Reinvestment Development Authority (CRDA), government suits no doubt paid off to play ball, Trump moved to evict Coking and doze her property for a song. Lucky for her the non-profit Institute for Justice took on her case and beat back the bully in court. Her case was but one of many court dockets entertained during Trump’s ugly business career. Lesson one from his primary mentor, the reviled Roy Cohn, sue often. When in doubt, litigate… then stiff the firm who represented you.
Of course in the GOP of old – read pre-Trump – eminent domain was the ultimate boogie man of DC’s Evil Empire. From principled Burkian conservatives to Paul libertarians to pro-Cliven Bundy militia kooks, all agreed private land ownership was sacred. Many a Hannity screed was dedicated to the martyrdom such federal overreach bestowed. Seems stemming the MS-13 hordes has forced some trade-offs. Funny how unhinged bigotry tends to render other principles less paramount. C’mon guys, take one for the team.
Will Hurd is a Republican Congressman representing a district that holds 825 miles of the southern border, and a vociferous opponent of Trump’s Wall. A former CIA agent, Hurd produces facts instead of fear when discussing the President’s signature issue. Hurd deems a physical wall “the least effective way to provide border security.” Asked about alternatives, he provides a long list of cutting edge ideas, everything from driverless vehicles to facial recognition software, drones to advanced radar. A wall, avers Hurd, is less than useless, actually counterproductive to the task, two expensive steps backward at the cost of fundamental property rights conservatives are supposed to value.
Two years into the Trump Presidency it is abundantly clear he holds traditional conservative principles in the same regard as most everything else that requires prudence and any degree of insight. Right now, just like an elderly Atlantic City widow, Texas landowners along the border are in his way, only now he has the Department of Justice to do the legal dirty work. As an increasing number of border residents declare “no sale,” sustained court battles appear to lay on the horizon, possibly leading all the way to the Supreme Court this President boasts about packing. Like everything else about the idiocy Trump promised his wretched core would be paid for by Mexico, all of it will likely add up to nothing but wasted time and needless stress, expensive futility caused only by a nihilist’s campaign centerpiece he hoped his supporters would forget.
Just as 800,000 on furlough, and millions of immigrants, who overstayed their visas looking for the dream we swore was possible, now scared out of their wits, driving 20 miles an hour below the speed limit so they won’t get pulled over and have their lives upended, Texas border ranchers are paying the price for a civic disaster many of them had a hand in creating. Some lessons are more expensive than others. BC