Experts said exercise of eminent domain relies on the project needing it or Congressional approval.
President Donald Trump's decision to pursue wall construction through a national emergency declaration could jeopardize his ability to build a barrier along the U.S.-Mexico border, legal experts told The Texas Tribune.
Ilya Somin, a George Mason University law professor, said that a federal law Trump mentioned in his declaration was being misapplied. He said Section 2808 applies to reallocation of military funds only "in the case of a national emergency where it’s necessary to use the armed forces." "The claim here is at least colorable, and probably correct, that he can be stopped," he said, referencing comments from legal experts included in the Tribune article.
House Democrats voted last month to overturn President Trump's national emergency declaration. Kentucky Senator Rand Paul said earlier this month that he would vote to block the emergency declaration, meaning the Senate would also likely vote against the president.
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