Traditionally, state and local governments have used eminent domain to acquire land for parks and other public areas--a practice that has long been approved by the courts. In 1896, for instance, the Supreme Court unanimously endorsed condemning land in order to create Gettysburg National Battlefield Park.

During consideration of H.R. 2419, the farm bill, Senator Larry Craig (R-ID) offered an amendment to bar states and localities from using eminent domain to acquire any land for public parks, recreation, open space, or conservation. The ban would even apply to efforts to save lives or private property. Any state or locality that violated the ban would forfeit all federal funding and financial assistance for five years.

On December 13, 2007, the Senate rejected the Craig amendment by a 37-58 vote (Senate roll call vote 429). NO IS THE PRO-ENVIRONMENT VOTE.