Posted on 03/06/2012 7:06:52 PM PST by Hunton Peck
Lawmakers who want to seize control of federal lands are pushing a legal battle they insist is winnable despite multiple warnings their effort is highly unconstitutional and almost sure to fail in court.
Utah is poised to become the first state to pass a package of bills that demand the federal government relinquish claims to huge sections of public land. A proposal that advanced Wednesday demands that by 2014 the federal government cede control of nearly 30 million acres -- nearly 50 percent of the entire state.
A bill setting an identical deadline is also moving in the Arizona Legislature.
Rep. Ken Ivory, who is leading the effort in Utah and helped draft model legislation for use in other states, said the federal government doesn't treat states like equal partners in land management.
"If sovereignty means anything, it means not having to say pretty please, or mother may I," Ivory said.
Driving the legislative frustration is an ongoing anger over missed opportunities to develop and mine lands managed by the U.S. Bureau of Land Management and U.S. Forest Service.
There is also concern that access to state-owned or private lands will be increasingly restricted by Congress or even with the stroke of a president's pen, which happened in 1996 when President Bill Clinton created the 1.9-million-acre Grand Staircase-Escalante National Monument in southern Utah.
"In our area, we feel that we have federal land management policies that ignore the needs of state, county or local residents," said Dirk Clayson, a commissioner in rural...
(Excerpt) Read more at foxnews.com ...
I wish Arizona would do this. The Feds own too much of our state.
Obama has pushed some states backs to the wall, and some have the nerve to fight back.
I wish Utah luck.These lands were stolen from the states by legislative action, it’s time they went back to the states.
Excellent. Only 48 states to go.
They should team up and strip this pretender bare.
That’s the truth. If we were to start mining gold, silver and copper again, we’ll be the richest former state after the world economy collapses.
“despite multiple warnings their effort is highly unconstitutional...”
When did the nazis at AP ever care about the constitution?
The only part of the constitution that AP should be concerned about is hanging these traitors at AP for sedition.
Bump to that!!!
Sound like the Legislature of the State is withdrawing Consent.
/johnny
Nice!
Your states' land sharks took lots of her money.
I think I should get it back ~ so it's not likely I'd support just GIVING you the land.
Frankly, I want a piece of the action!
The US government ACQUIRED the land as a vast unorganized territory previously claimed by another country. There was no state there.
One of my ancestors was the land agent who sold off almost 95% of the state of Indiana to private individuals. The last 5% consisted of a swamp called "the Limberlost" and that sucker was very difficult to peddle. It had been an extension of Lake Erie until about 4,000 years ago and it was STILL WET and full of muck!
Much of the Western lands not acquired by private individuals were considered too hard to develop, or were WORTHLESS. There are still large tracts of land owned by the railroads ~ given to them in partial payment for construction of the Transcontinental railroad (and parallel lines). They still can't sell the stuff.
Private ownership is called for but just giving away the land, much of it having more recently discovered wealth, isn't in the cards if we want to keep intact our custom of treating each new state equally.
Any title transfers must be accompanied by hard cash.
I have contended that the 50 States as a voting group do have the final say over the Federal Government and Supreme Courts under the Constitution
I would base that on the fact the States as a group created and voted in the Constitution that created the Federal Government & Supreme Court
Under that same Constitution, the Federal Government & Supreme Court only have the rights the Constitution grants
Also that same Constitution, it can only be amended after a vote of the States approving it…the Federal Government & Supreme Court cannot amended the Constitution on their own
Also States can call a Constitutional Convention on their own (Federal Government & Supreme Court have no right to stop or block a Constitutional Convention, they shall allow)
And under the rules of the Constitution, the States in a Constitutional Convention could abolish the Federal Government, the Supreme Court, the Constitution, or even the United States
This is not like the Civil War where sub group of states tried to break off on their own… the States in a Constitutional Convention could vote to let states leave
If the States, -—all of the States-— meet as a group and vote under the rules of the Constitution they per the Constitution have the final say not the Federal Government or Supreme Court
Constitutionally (and upheld by the courts) new states must be admitted WITHOUT PRE-CONDITIONS
and have equality with the original 13 states.
When Oklahoma was admitted, the feds wanted Norman to be the capital; Oklahoma wanted—and got—Oklahoma City; because the courts ruled that no conditions can be imposed.
If Utah was only allowed to become a state on the condition that it permit the feds to control a portion of its territory, then that pre-condition is illegal and void.
The US government ACQUIRED the land as a vast unorganized territory previously claimed by another country. There was no state there.
There is a state there now though. The Feds need to get out.
This reads like a state legislature can stop okaying Federal purchases, but cannot annul previous Federal purchases that had been okayed in the past.
On the other hand, if a state can figure out how to make money rather than consume it, maybe Uncle Sam would have interest in selling lands back to such a state.
In my book, that's duress.
And did the FedGov actually pay the states for the land?
Things were fast and loose back then.
/johnny
Good for Utah!!
Utah has enough energy resources under its ground to power the country for a long time. But the Feds own more than half of the land.
Time to kick out the King.
The same for Nevada, where the Fed. now claim over 87% of our state.
The court of original jurisdiction in such matters is SCOTUS.
This needs to be settled before any more big government liberals are appointed.
Oh, and which candidate has the brass to revoke the Grand Escalante wilderness designation?
Time to mine that clean coal and tell the ME to FOAD that much sooner.
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