The Department of Homeland Security filed more than 360 eminent domain lawsuits in less than a year to seize thousands of acres along the Mexican border for wall construction. Texas landowners pushed back hard—the state banned using eminent domain for border walls in 2021, forcing officials to negotiate easement contracts instead.
The 5th Amendment lets government take private property only for public use and only with just compensation. The Supreme Court's 2005 Kelo v. City of New London decision stretched "public use" to include economic development, ruling that New London, Connecticut could take Susette Kelo's house to make room for a Pfizer facility. The backlash was swift—47 states strengthened their eminent domain laws and 12 amended their constitutions to stop governments from seizing property to benefit private companies.