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preemption
(redirected from Preemption of State and Local Laws)

   Also found in: Dictionary/thesaurus, Legal, Wikipedia 0.01 sec.

preemption

U.S. policy that allowed the first settlers, or squatters, on public land to buy the land they had improved. Since improved land, coveted by speculators, was often priced too high for squatters to buy at auction, temporary preemptive laws allowed them to acquire it without bidding. The Pre-Emption Act (1841) gave squatters the right to buy 160 acres at $1.25 per acre before the land was auctioned. The Homestead Act (1862) made preemption an accepted part of U.S. land policy. See also Homestead Movement.


preemption
The right to purchase property before, or in preference to, others.


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As the details of the new GATT became known, it was clear that state and local governments would have to work to insure that the new agreement would not allow automatic preemption of state and local laws by trade dispute settlements in which the state and local governments played no role.
Because real estate is local, the issue of preemption of state and local laws applicable to lenders is of great concern to Realtors(R)," NAR First Vice President Pat Vredevoogd of AJS Realty Inc.
The senators' work, while not achieving the same preemption protection that federal laws have under the treaty, did result in strong language to block private sector and foreign government preemption of state and local laws and provides some congressional role in executive branch preemption.
 
 
 
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