Senators want to ensure TSA protects trains, buses and ports

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Negative, there's still a government actor involved. A private entity can't just show up and take your stuff. They can get the government to do it on their behalf and transfer it to them.
Just because they go through the court, doesn't mean it's a government actor. It's still the same process used by the government, the government can't just show up and take your stuff either.
Doesn't matter that it goes through the court, a 5th Amendment Constitutional taking can only be done by a government actor. The party filing an action for eminent domain is always some sort of governmental entity or acting under the color of government authority. Anything else is a different animal and not a 5th Amendment "taking."
 
We're going to call this one quits. If anyone wants to continue a general TSA discussion (mostly an air travel issue), a new topic the Non-Rail forum is the place. Discussion of law issues can be taken to Random.
 
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