Unjust Compensation for Landowners

Since the United States Congress ordered the construction of a fence on the US-Mexican border to reduce illegal immigration, several landowners residing on the border have had their land condemned for the public project. These landowners obviously want to receive the fair price for their property, yet many accept the initial offer from the government that is far below the market value. The majority of those who accepted the first offer were those who didn’t seek legal consultation from an eminent domain lawyer, only to find out later that their neighbors had received much larger settlements after hiring attorneys.

When the US government condemns property from a landowner for a public project they are required by the Constitution to provide compensation. The process is known as eminent domain. When Congress ordered the construction of the fence in 2006, the project required many landowners on the border from Texas to California to give up their property for the project.

However, the amount of money offered to the landowners was not just compensation. The initial offers from the government were far below market value, and those who could not afford property rights lawyers were not able to receive as much as their counterparts who could. Federal lawyers claim that these first offers were a 'starting amount' that would allow the condemnation to begin and could be adjusted later - but with no legal help, the landowners have no option but to accept the first offer. Thus, the amount of compensation received can be different for two landowners, even if the same area of land was condemned.

Several lawyers who represent lower-class landowners believe that this inconsistency in compensation underlines how unjust the first offers were. It raises questions regarding the government's treatment of landowners who couldn’t afford legal help and now have to live with a huge fence running through their land. 

The variation in settlements, some say, is proof that the government is taking the land from the landowners for unjust compensation. Those landowners who can not afford a just compensation attorney are at a loss. According to the Associated Press, in an analysis of approximately three-hundred eminent domain cases, 85 percent of the near $15 million that has been awarded in settlement was given to just one-third of the property holders - all of whom had legal aid. 

Most of the fence construction was completed two years ago, but the government is still negotiating for land surrounding the project.