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Eminent domain amendment fails in senate: under the Craig amendment, ... if a state or local government were to use the power of eminent domain for these public purposes, even if such action was completely in accordance with the Supreme Court's decision in Kelo, its own statutes, ordinances, and regulations, the state or local government could lose all federal funding for a period of five years.

Last week, an amendment by Sen. Larry Craig (R-Idaho) concerning eminent domain failed. The amendment would have preempted state and local land use laws by prohibiting any state or local government from exercising eminent domain authority over any "farmland or grazing land for the purpose of a park, recreation, open space, conservation, preservation view, scenic vista or similar purpose."

Craig withdrew the amendment after the Senate voted it down 37-58. Under the amendment, which was offered to H.R. 2419, the Food and Energy Security Act of 2007, also known as the Farm Bill, if a state or local government were to use the power of eminent domain for these public purposes, even if such action was completely in accordance with the Supreme Court's decision in Kelo, its own statutes, ordinances, and regulations, the state or local government could lose all federal funding for a period of five years.

This was Congress's second attempt to undo the Supreme Court's Kelo ruling. In 2005, months after the Kelo decision, several proposals were introduced that would have stripped state and local governments of their eminent domain authority. NLC and its allies successfully defeated both attempts to preempt state and local laws, protecting state and local efforts to preserve natural resources for legitimate public purposes.
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Author:Berndt, Carolyn
Publication:Nation's Cities Weekly
Article Type:Brief article
Date:Dec 17, 2007
Words:212
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