by David Safier
This is the second in a series of piece about Arizona bills and resolutions which are taken, in whole or in part, from ALEC models. Thanks to Lisa Hoffman for doing the research.
The first post is here, which includes more explanation about ALEC and its corporate ties.
This is a 2011 bill, HR2472 HB2472, taken from ALEC's Eminent Domain Authority for Federal Lands Act model legislation.
I have to admit my relative ignorance about this wrinkle of the eminent domain issue, except that it gives states authority over federal lands, so it's one of the anti-Fed power grabs so popular with right wing ideologues and their corporate funders. Here's the gist of the ALEC model, which is nearly word for word in the Arizona bill:
. . . property which may be taken under this part includes property possessed by the federal government unless the property was acquired by the federal government with the consent of the Legislature and in accordance with the United States Constitution Article I, Section 8, Clause 17
(2) The state shall be the plaintiff described in the eminent domain complaint in an action to condemn property described in Subsection (1).
If you're more knowledgeable than I, please feel free to chime in with your comments.
I've created a document with the Arizona resolution, HR2472, and the ALEC model side by side so you can see how the two versions line up. To make it easier, I've color coded the passages where the versions differ.
ANYONE CAN PLAY! There are lots of ALEC inspired bills and resolutions working their way through the AZ legislature at any given time. According to the Capitol Times, 36 made their way through in 2010, and 19 passed. If you're the kind of person who likes to track this kind of thing down, ALEC Exposed has a huge repository of ALEC models you can download, and the AZ State Legislature website has all the bills.
If you happen to know of specific bills and resolutions which originated with ALEC, you can let me know — safier@schooltales.net.
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