Skip to comments.Utah Gov. OKs Eminent Domain Use on Federal Land
Posted on 04/01/2010 3:26:12 AM PDT by ICAB9USA
Utah governor, aiming for court battle, approves use of eminent domain to take federal land
SALT LAKE CITY (AP) -- Fed up with federal ownership of more than half the land in Utah, Republican Gov. Gary Herbert on Saturday authorized the use of eminent domain to take some of the U.S. government's most valuable parcels.
Herbert signed a pair of bills into law that supporters hope will trigger a flood of similar legislation throughout the West, where lawmakers contend that federal ownership restricts economic development in an energy-rich part of the country.
Governments use eminent domain to take private property for public use.
The goal is to spark a U.S. Supreme Court battle that legislators' own attorneys acknowledge has little chance of success.
But Utah Attorney General Mark Shurtleff and other Republicans say the case is still worth fighting, since the state could reap millions of dollars for state schools each year if it wins.
More than 60 percent of Utah is owned by the U.S. government, and policy makers here have long complained that federal ownership hinders their ability to generate tax revenue and adequately fund public schools. Utah spends less per student than any other state and has the nation's largest class sizes. Under the measure Herbert has approved, the state will set aside $3 million to defend the law.
(Excerpt) Read more at finance.yahoo.com ...
I wish them luck, perhaps Holders incompetence will work in our favor for once.
I wish Utah luck. They will need it with this.
Even if it doesn't work out, it's good to see someone trying to gum up the feds with litigation rather than having to play defense all the time.
The states should take cues from the Scientologists on how to use the legal system to thwart their federal enemy. Get ready to be punished with repeals of subsidies however.
Maybe they can get Grande Staircase Escalente back (damn Clinton and his Chinese pals).
The federal government gets away with a lot of stuff because they control the purse strings. And while it is true that some states receive more back then they send to Washington, it is still a bad deal.
There are so many "strings" attached to the money that comes from the Federal Government that the states are forced (under the threat of losing said money) to do things that our contrary to their own (and their citizens) best interest.
I can’t tell you how mad people are here in Utah over these land grabs. The Feds have tied up virtually every inch of productive land with natural resources, denying the state of tax revenue.
If Utah weren’t a “good government” type state, we’d be in horrible shape. Very little waste, a slavish attention to budget details and no appetite for big tax increases.
I am from Ohio, and have to say that how they run things in Utah is a breath of fresh air.
But I believe the real big, big grab was by Roosevelt..
For acquiring private property for public use. The state could not use eminent domain to take possession of a Salt Lake City police station and it can't use it to take federal property either. Article IV, Section 3 requires congressional approval.
You’re right about Clinton. I imagine you’re right about FDR too.
What burns me up is GWB didn’t do a thing to lift the EO regarding Utah, which was done in the waning days of the Clinton administration.
(I hope whomever serves after Obama has a pen with a LOT of ink, to reverse some of this crap!)
The pushback on 100 years of Progressivism has begun.
“Maybe they can get Grande Staircase Escalente back (damn Clinton and his Chinese pals).”
I thought he locked it up for his Indonesian pales.
The name of our country is UNITED STATES. It is NOT the Federal Republic of America. Each State is sovereign. I wnat to see a bill in Congress requiring the Federal government to turn over ALL land it “owns” to the State and IF THE STATE AGREES to lease back the land t the Federal Government. This Federal takeover of every aspecty of our country needs to end and end now!
How did the Federal Government get that land in the first place?
The SCOTUS Kelo decision should grease the skids on this one big time. Utah can easily show that by seizing Federal gubmint land more tax revenue will be generated for the state, just like the Kelo case.
What a great way to stick a thumb in the eye of Obamalamadingdong!
It’s been that kind of week, if you know what I mean. LOL
Thanks for the clarification.
Right now, I’m in the “they all suck” mode.
Raidy’s company is half owned by Chicoms.
All for taxes. That’s the issue these days, taxes, taxes, taxes.
The same way the Federal Government obtained title to the rest of the land in the WestThey declared all "surplus" land in Utah to be federally-owned as a condition of it being admitted into the Union. To whit:
Second. That the people inhabiting said proposed State do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries thereof; and to all lands lying within said limits owned or held by any Indian or Indian tribes; and that until the title thereto shall have been extinguished by the United States, the same shall be and remain subject to the disposition of the United States, and said Indian lands shall remain under the absolute jurisdiction and control of the Congress of the United States; that the lands belonging to citizens of the United States residing without the said State shall never be taxed at a higher rate than the lands belonging to residents thereof; that no taxes shall be imposed by the State on lands or property therein belonging to or which may hereafter be purchased by the United States or reserved for its use; but nothing herein, or in the ordinance herein provided for, shall preclude the said State from taxing, as other lands are taxed, any lands owned or held by any Indian who has severed his tribal relations and has obtained from the United States or from any person a title thereto by patent or other grant, save and except such lands as have been or may be granted to any Indian or Indians under any act of Congress containing a provision exempting the lands thus granted from taxation; but said ordinance shall provide that all such lands shall be exempt from taxation by said State so long and to such extent as such act of Congress may prescribe.
Quite a noxious practice, but unfortunately, Utah agreed to it. While I definitely enjoy seeing such Federalist moves like this, I'm afraid this trial is doomed to failure.
The right approach is to officially entreat the Federal Government to begin placing their massive land holdings on the market for private purchaseAn act which would pay off all of our debts and provide trillions of dollars in hard cash to help stabilize our economy. (This is intolerable to the action-controlling Progressives we suffer under today, unfortunately.)