Goals for State-Federal Action

POLICY: Takings and Land Use Authority

COMMITTEE: Environment and Natural Resources Committee joint with Law and Criminal Justice Committee

TYPE: Consent

NCSL strongly opposes any federal legislation or regulation that would:

(1) attempt to define or categorize compensable "takings" under the Fifth Amendment to the United States Constitution;

(2) interfere with a state's ability to define and categorize regulatory takings requiring state compensation;

(3) preempt state eminent domain constitutional provisions or statutes; or (4) infringe on state sovereignty under the Eleventh Amendment. NCSL supports collaborative examinations of state and federal use of eminent domain authority.

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