On the recordDecember 13, 2007
let me respond. When the Senator says we don't reach the Kelo decision, we reach a portion of the Kelo decision that is now most frequently impacting farms and ranches, and that is open space for open space. Municipalities and counties and in one instance, as I cited, a State, prior to Kelo, were not using these powers of eminent domain to acquire open space. They were going out and buying it in the market and competing for it. Now they are. So Kelo, in fact, is being used for this purpose. That is why we are addressing this.
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