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Senate Proceeding on Dec 13th, 2007 :: 2:45:42 to 2:51:06
Total video length: 4 hours 16 minutes Stream Tools: Stream Overview | Edit Time

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Larry Craig

2:45:25 to 2:45:42( Edit History Discussion )

Larry Craig: brown amendment. i know the senator from ohio has been very patient waiting a couple of days to get his amendment up. i appreciate that, but just a couple of things i wanted to respond to here, madam president.

Tom Harkin

2:45:42 to 2:46:01( Edit History Discussion )

Tom Harkin: first, regarding the craig amendment, i have here a letter dated december 11 from the national league of cities, the national conference of state legislatures, the u.s. conference of mayors, and the council

Tom Harkin

2:45:42 to 2:51:06( Edit History Discussion )
Speech By: Tom Harkin

Tom Harkin

2:46:01 to 2:46:12( Edit History Discussion )

Tom Harkin: of state governments, all writing in opposition to the craig amendment. and it says here -- and i just want to read what they said here in this letter. "this amendment is not only ill-advised but is unconstitutional.

Tom Harkin

2:46:12 to 2:46:32( Edit History Discussion )

Tom Harkin: the craig amendment would preempt state and local land-use laws by prohibiting any federal funding that goes to state and local governments from being used for acquiring 'farmland or grazing land

Tom Harkin

2:46:32 to 2:46:41( Edit History Discussion )

Tom Harkin: for the purpose of a park, recreation, open space, conservation, preservation, view, scenic vista or some other purpose.' this would severely kill state and local, historic preservation or environmental

Tom Harkin

2:46:41 to 2:46:57( Edit History Discussion )

Tom Harkin: efforts." under this amendment if a state or locality would use eminent domain for virtually any public purpose, even if such action was completely in accordance with its own statutes and land-use

Tom Harkin

2:46:57 to 2:47:10( Edit History Discussion )

Tom Harkin: development ordinances and regulations, the state or locality could lose all applicable federal funding. the fifth amendment of the u.s. constitution expressly permits the taking of private property

Tom Harkin

2:47:10 to 2:47:24( Edit History Discussion )

Tom Harkin: for public use provided just compensation is provided to the owner of the property. the power of the eminent domain has always been and should remain a state and local power. the state power to use

Tom Harkin

2:47:24 to 2:47:37( Edit History Discussion )

Tom Harkin: eminent domain for public purposes is fundamental to a state's and locality's ability to provide for the community needs of its citizens to protect unique and scenic areas of estate by creating parks and

Tom Harkin

2:47:37 to 2:47:46( Edit History Discussion )

Tom Harkin: to preserve wildlife and topography of a significant nature. again we urge you to reject the craig amendment number 3640 because it preempts state and local law and thwarts valid state and local efforts

Tom Harkin

2:47:46 to 2:47:55( Edit History Discussion )

Tom Harkin: to preserve their natural resources for the use and enjoyment of all citizens. madam president, i ask that this letter representing the national league of cities, the national conference of state

Tom Harkin

2:47:55 to 2:48:13( Edit History Discussion )

Tom Harkin: legislatures, the u.s. conference of mayors, and the council of state governments be printed at this point in the record. the presiding officer: without objection, so ordered. mr. harkin: madam president,

Tom Harkin

2:48:13 to 2:48:24( Edit History Discussion )

Tom Harkin: i also have a letter here, december 11 from a number of environmental and wildlife groups. the national audobon society, defenders of wildlife, national resources defense council, sierra club, the wilderness

Tom Harkin

2:48:24 to 2:48:38( Edit History Discussion )

Tom Harkin: society, the world wildlife fund and others i opposition of the craig amendment. and i ask that that letter be printed also at this point in the record. the presiding officer: without objectio mr.

Tom Harkin

2:48:38 to 2:48:52( Edit History Discussion )

Tom Harkin: harkin: again, madam president, i think the craig amendment, as i just engaged in a colloquy with my friend from idaho, that the craig amendment really is the heaviest of heavy hands i've ever

Tom Harkin

2:48:52 to 2:49:08( Edit History Discussion )

Tom Harkin: seen ever proposed for the federal government. first, i do believe also, as i just stated, that it does violate the fifth amendment to the constitution. and also it doesn't even get to the kelo decision.

Tom Harkin

2:49:08 to 2:49:27( Edit History Discussion )

Tom Harkin: as the senator himself admitted that even under his own amendment, we would have the oddest of all situations. it would then be permissible for a local entity to condemn private land for private use, but

Tom Harkin

2:49:27 to 2:49:42( Edit History Discussion )

Tom Harkin: it would not be permissible for a local entity to condemn private land for pubc use. now that is the oddest of all rcumstances. and again, i just say that this is -- to say to a local entity that

Tom Harkin

2:49:42 to 2:49:55( Edit History Discussion )

Tom Harkin: you cannot use the power of eminent domain granted to you by the constitution of the united states for a park, recreation area or whatever it is, public use for future generations to enjoy, to me,

Tom Harkin

2:49:55 to 2:50:11( Edit History Discussion )

Tom Harkin: that's, talk about an interference in local government and local government decisions. my friend talked about, yes, a farmer may want to or somebody may want to pass farmland on to future generations

Tom Harkin

2:50:11 to 2:50:23( Edit History Discussion )

Tom Harkin: and things like that. i'm very sensitive to that. yes, they should be able to. shouldn't also a local entity or local state devise parks and recreation areas also for future generations? and there

Tom Harkin

2:50:23 to 2:50:35( Edit History Discussion )

Tom Harkin: seems to be some thought that if the state uses its power of eminent domain, they can just take the land away. they can it it. the fifth amendment of the constitution says, no, you have to have just compensation.

Tom Harkin

2:50:35 to 2:50:50( Edit History Discussion )

Tom Harkin: and that's where you get into courts a lot of times. we've seen eminent domain used for power lines, for example, to go across the state. now again, the senator's amendment, i don't know, would breach

Tom Harkin

2:50:50 to 2:51:06( Edit History Discussion )

Tom Harkin: the power line. i don't know -- mr. craig: it is important tomp say for the record this amendment touches none of the standard uses of eminent domain and historic uses.~ and i said so. and all the

Larry Craig

2:51:06 to 2:51:19( Edit History Discussion )

Larry Craig: other senators speaking to it said so. rights of ways. this is open space land only. it is very clear. it is veryargeted, senator. it does not touch any area of any -- any other area of historic use

Larry Craig

2:51:06 to 2:52:32( Edit History Discussion )
Speech By: Larry Craig

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