Posts Tagged → eminent domain
US Army Corps of Engineers: America’s Black Hole in Need of Cosmic Level Fixing
Because it is a relatively small part of our big military and kept in a dusty back room far from the shiny B-2 bombers, the US Army Corps of Engineers has been off the radar of legislators and commanders-in-chief alike since George Washington ended his presidency. But in the intervening 250 years since its founding, the USACE has gone from building bridges for troops and cannons, to aggressively stealing private property rights and forcing a Marxist environmentalist agenda on domestic citizens under the guise of “civil works.” Of all the federal agencies I have dealt with professionally and personally, including USEPA where I worked for seven years, the USACE has had the biggest mission creep in the worst directions of all. So, for USACE’s 250th birthday this year, can we please give Americans a gift of freedom, and see this most hidebound, insular, destructive, over-reaching, and unaccountable agency finally get the keelhaul overhaul that Americans deserve?
Not that I am rooting for Navy here, but our sacred Army has no business getting its good hands dirty with the USACE’s lawlessness. Big change must happen there, and with fresh new appointees from the Trump Administration, hope should be on the horizon. I hope these appointees are tough as nails, because they are facing a deeply entrenched bureaucracy as jealous of its ill-gotten power as any other federal agency has been, and they have the arrogant, dismissive staff culture to show for it.
USACE “manages” 12.5 million acres of formerly private land, much of it associated with water projects for hydropower, flood control, and public recreation. Sounds useful and wholesome enough: Waterskiing, fishing, hiking, families picnicking, with downstream communities protected from heavy rains up in the watersheds. Problem is, most of USACE’s flood control lakes are heavily silted in and barely functioning as advertised or designed. And probably 95% of this enormous land collection was obtained at gunpoint, through eminent domain against private American landowners, including the Seneca Nation, who still have a formal land treaty with the US government that was reached with George Washington himself, and which the USACE violated.
Absolutely nothing and no one is sacred to the USACE; not the US Constitution, not us citizens, not our property rights.
Anyone familiar with federal eminent domain knows it is rife with abuse and below-market values forced on private landowners for the most frivolous purposes. And while some federal agencies will attempt to reach willing-seller-willing-buyer agreements before going nuclear, the USACE just used legal sledgehammers against American landowners right from the get-go, because screwdrivers have never been in their toolbox.
But the situation is worse than just USACE’s rampant takings of privately owned lands that could have easily served the USACE’s goals while remaining in private ownership. Back in the 1950s-1970s good ol’ days of “Big Government Knows Best,” when the agency was most active, the USACE also stripped many of its condemned properties of their valuable subsurface oil, gas and or mineral rights, too, without paying for them. Not content with taking the surface rights for managing surface water, the agency simply took what it wanted and dared the beaten-down landowners to try to beat them in government courts. Today, millions of Americans are deprived of substantial and highly valuable subsurface private property rights at nearly every single USACE water resource project. These oil, gas, and mineral rights should be in their families’ private ownership, but are wasting away under USACE theft and neglect.
A group of military engineers and their civilian hangers-on have no business running public recreation facilities on American soil. The USACE’s job started as support of military combat troops in 1775, and it is incredible that we are having this discussion in 2025. The marrying of USACE hydroelectric dams and flood control facilities to public service recreation has not worked, because the agency’s staff developed a culture of untouchable bullies. The US military is not supposed to operate on American soil, for damned good reasons, but the USACE does so, with predictably bad results.
USACE is over-ripe for huge change. At the very least USACE needs the deep cleaning treatment of staff and structure that chief administrator Lee Zeldin is doing over at USEPA. USACE’s “civil works” must be spun off to actual civilian oversight and management in the agencies that have historically done this kind of public service and natural resource management. Nearly all of USACE’s physical assets should be moved to the Bureau of Land Management, the National Park Service, and the US Forest Service, all of which have much better track records dealing with public service than the USACE. Which is saying a lot, because all of these federal agencies have had real rough patches in their public land management history and public service interface cultures, too.
Josh First wrote his 1991 master’s thesis on the USACE’s nationwide water resource projects, and, ironically, has randomly ended up owning substantial acreages adjoining two USACE water resource projects in Pennsylvania as an entrepreneur. He will write about his own related experiences with USACE in future essays.
This essay originally appeared at American Thinker.
Forgive Me for Asking, But I Must
Forgive me, it is not my intention to cast cold water on our collective rejoicing at having President Donald Trump re-elected, again, and thus at having dodged the Democrat Party’s communist anti-democracy bullet aimed at America’s heart. It is true that Trump’s election gives us hope that our constitutional republic is not over. However, I feel like I am watching a repeat of 2016-2017, where highly qualified conservatives and Republicans were mysteriously bypassed, overlooked, left untouched by the then-new Trump Administration.
Well do I recall someone of real stature writing publicly then (2017-2018) about how mystified he was that no one from Team Trump had contacted him about any of the unique policy strengths he had, and how the new Trump Administration seemed disinterested or lost on whatever that policy subject was. Well, here we go again, from where I sit.
Trump supporters have learned to forgive the 2016-2017 lapses, missteps, failures, and missed opportunities as due to Trump’s unfamiliarity with government, his natural reliance upon long established and unreliable DC Beltway insiders, his understandably misplaced trust in deep staters and other bad actors, his misplaced faith in the weight of federal employees’ oaths of office.
We watched as Trump’s first term slowly, painfully, peeled away the mask from the hostile administrative state, generously bankrolled by American taxpayers and yet also so openly at war with us. We grudgingly learned to accept the stolen 2020 election as the cost of doing business within the parameters set for us by the establishment media, the administrative state, and its constellation of hostile non-government organizations, who then worked furiously from outside to undermine the very rules they set.
And so we miraculously prevailed in 2024, and America as founded yet lives again. And now we have earned the right to say openly, can we please not make the same and very avoidable mistakes again, this time around?
While President Trump is indeed appointing strong leaders who are willing to assertively implement his bold vision for a better government that is closely attuned to America’s founding documents and principles, one question has not been addressed: Who exactly is going to carry out these deep reforms?
With few exceptions (the US Dept. of Commerce being one), nearly the entire federal workforce was already openly insubordinate to President Trump the last time around. And there is no reason to believe that these public employees are going to honor their oaths of office this time. And if Trump follows through on the DOGE promise to eliminate entire federal agencies, and greatly streamline those that remain, then which law-abiding civil servants will there be to carry forward in those same agencies the Trump Administration’s policies?
Put another way, if President Trump installs leaders who, for example, change the name of the radicalized US Environmental Protection Agency, then which of the old USEPA staff will there be to then follow through with the systemic change through every artery and vein inside the old institutional body? If the federal government is going to aggressively do compliance checks or reel back in billions of dollars in Biden grants to far-left NGOs, then who exactly is prepared to hit that ground running? The current federal workforce is almost entirely unreliable, and if left in place, each and every federal employee will become a road block of one. The DOGE people had better be collecting lots and lots of names of prospective civil servants who are prepared to take the place of existing staff, who should end up fired from federal service for any number of good reasons.
House cleaning is promised, but who then moves into the house to give it new life?
Ending where this essay began, it is my turn to publicly complain: No one from Team Trump contacted me, way back in 2016-2020, or now, about my unique area of expertise. I am one of a very small handful of truly conservative Republicans nationwide with extensive hands-on experience with public land issues and wildlife habitat/ land conservation policy. No Trump staffer has called to ask my experienced opinion on federal appraisal standards, especially related to eminent domain, or on rights-of-way issues surrounding federal properties. To my knowledge, none of my few colleagues have been contacted, either. I am not looking for a job. I already run a small business that I really enjoy. But I am willing to volunteer my precious time to help shape sound federal policy that is a significant deviation from the longstanding horrible status quo.
President Trump has the loyalty of so many talented and experienced conservatives, any and all of whom will jump at the opportunity to simply help this one man (and his administration) who can save America. This is the big chance to get America back on track.
So why then do I feel like America via President Trump is once again missing easy opportunities to make lasting, good policy? If the right people do not identify and help fix these longstanding horrible policies, the civil servants will keep them in place, and we will miss a once in a lifetime opportunity for good government.