Yes.
The Fifth Amendment to the U.S. Constitution stipulates the federal government has the power of “eminent domain,” which is the legal power to seize private property so long as it is for public use and is justly compensated.
Eminent domain can be enacted even without the owner’s consent.
If a local government has a law or policy prohibiting such use, federal law can automatically override and invalidate the local law under the Constitution’s Supreme Law Clause—Article VI, Section 2.
Local governments, however, are protected by the 10th Amendment’s Anti-Commandeering Doctrine, which prevents the federal government from forcing local governments to uphold a federal law or carry out a federal program.
Local governments, therefore, cannot be compelled to finance or build infrastructure expansions, such as expanded medical facilities or high-capacity sewer mains, to support a federal facility such as a detention center.
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Sources
- Library of Congress – Constitution Annotated Overview of Takings Clause
- Library of Congress – Constitution Annotated Overview of Supremacy Clause
- Library of Congress – Constitution Annotated Anti-Commandeering Doctrine
- U.S. Department of Justice – Environment and Natural Resources Division History of the Federal Use of Eminent Domain