Utah Invokes Eminent Domain Against the Federal Government

abovethelaw.com ^ | 29 Mar 2010 at 3:41 PM | ELIE MYSTAL

[JerseyHighlander]

Utah Invokes Eminent Domain Against the Federal Government By ELIE MYSTAL

This is the kind of story that sounds unbelievable — until you realize that it’s dealing with the people who run Utah. The WSJ Law Blog reports:

Utah Governor Gary Herbert on Saturday authorized the use of eminent domain to take some of the U.S. government’s most valuable parcels. A state is invoking the Takings Clause against the federal government? This reminds me of the time I came home and my dog told me to get off the couch. Sure, I was surprised that my dog was (a) talking and (b) ordering me off my own property. And so I resolved, right then and there, to never drop acid again.

Unfortunately, I don’t know what the hell Utah lawmakers are smoking …

I’m going to put some kind of latex protection around my brain before I get down into the muck and deal with Utah’s argument. I suggest you do the same. The Salt Lake Tribune reports:

[JerseyHighlander]

http://blogs.wsj.com/law/2010/03/29/in-war-between-states-and-feds-utah-strikes-latest-blow/

http://www.sltrib.com/ci_14377307?IADID=Search-www.sltrib.com-www.sltrib.com

[SandRat]

GOOD!!!!

[Parley Baer]

Sounds like a plan.

[Ripliancum]

The federal government owns 50 percent of the State of Utah. It's the worse case in the nation of the Feds stealing from the state and it's residents. Clinton and Obama both took over millions of acres through new park designations. The problem is the school trust lands, that fund education in the state through oil and gas revenues, are now landlocked thanks to Obama’s purposeful and direct intentions.

This effort by the Governor seeks to bring the issue to the public forefront and take it all the way to the Supreme Court. How would you feel if a state like Iowa was gobbled up by the Federal Government?

[sourcery]

Interestingly enough, the Kelo decision may leave the Feds essentially defenseless. Nothing in the Constitution exempts the Feds from this sort of action by a State.

[PGR88]

It is in these unorthodox ways that the States (and citizens) will successfully battle Fedzilla.

[Carry_Okie]

The Constitution authorizes the Federal government to operate "forts, dockyards, arsenals, magazines, and other needful buildings."

Not parks, wilderness, critical habitat, national forests, BLM rangeland, and other sequestered resources.

[Bronzy]

I read the article and can't say that I know much about the western states and the federal governments hold on the land. With that said, I can see how the feds are a hindrance to economic growth for the inhabitants of the state. In today's environment of the feds taking over, I would say, “Go Utah”.

[tbw2]

There is also the argument that leaving that land as a useless “monument” in a state full of them is “blight”, whereas mining coal turns it into a high tax value property and creates desperately needed jobs. Thus the higher tax revenue for the state of Utah from mining would trump fallow status by the Fed.

[Sherman Logan]

“It’s the worse case in the nation of the Feds stealing from the state and it’s residents.”

Actually third worst.

Here’s federal land ownership in the top 5 states.

1. Nevada 84.5%
2. Alaska 69.1%
3. Utah 57.4%
4. Oregon 53.1%
5. Idaho 50.2%

It’s also reasonable to point out that a great deal of the land in federal ownership in these states isn’t very useful for any private purpose anyway.

[Ripliancum]

Correct, on the first count. I should have said the worst case of valuable land grabs in the nation. The energy reserves in oil, gas, coal and shale that were tied up by Clinton and Obama within Utah is absolutely criminal!

[JSDude1]

The “new sagebrush rebellion”; I like it!

[Loyal Sedition]

“The federal government owns 50 percent of the State of Utah. It’s the worse case in the nation of the Feds stealing from the state and it’s residents”.

BZZZZT! Thank you for playing, but the Feds claim 87% + of all Nevada lands!

They are on the verge of announcing seizure or control of another 300,000 acres via pending “National Monument” status.

Several Nevada counties have so little taxable land that other counties have to fund their basic services.

Nevada was unconstitutionally ripped off as a condition of statehood.
The Fed. claims contradict the equal footing clause of our U.S. constitution.
The court of original jurisdiction in any state vs Fed. action would be SCOTUS.

Utah is making their case more difficult than necessary, apparently their senators are not doing their job of representing their state.

I hope Nevada makes their own stand via legislative finding in 2011.

[Ripliancum]

Thanks, I’ve been pointed out my error already.

[Graybeard58]

Thanks, I’ve been pointed out my error already.

Consider yourself fortunate if it doesn't happen 3 or 4 more times.

[Tailback]

“It’s the worse case in the nation of the Feds stealing from the state and it’s residents.” Actually third worst. Here’s federal land ownership in the top 5 states. 1. Nevada 84.5% 2. Alaska 69.1% 3. Utah 57.4% 4. Oregon 53.1% 5. Idaho 50.2% It’s also reasonable to point out that a great deal of the land in federal ownership in these states isn’t very useful for any private purpose anyway.

“It’s the worse case in the nation of the Feds stealing from the state and it’s residents.” Actually third worst. Here’s federal land ownership in the top 5 states. 1. Nevada 84.5% 2. Alaska 69.1% 3. Utah 57.4% 4. Oregon 53.1% 5. Idaho 50.2% It’s also reasonable to point out that a great deal of the land in federal ownership in these states isn’t very useful for any private purpose anyway.



Not useful for anything? The government held lands (shown in black) in Alaska, Nevada, Oregon, and Utah are filled with lumber, silver, uranium, oil, natural gas, low sulfur coal, gold, etc... I can't speak for Idaho because I don't know much about it.

[Tymesup]

Let us remember that Clinton made a lot of Utah land into a monument. This land had a lot of coal in it. His friends, the Riady’s, happen to own a lot of coal. With the Utah coal off the market, the Riady’s made a lot of money.

[Sherman Logan]

I said much, not all.

I’m most familiar with Utah.

Where there aren’t minerals much of the desert has little or no economic value. Can’t grow anything. You can run cattle on much of the land, but a good deal of it isn’t even usable in practical terms for that.

[Frantzie]

All the Red states need to do this now. We have to fight back. Use the same tactics.

[pappyone]

What? You mean everybody’s dogs don’t talk? Guess I better reevaluate my mini-pin.