[Paleo Conservative]

Just out of curiosity, why can’t the city or state take the lands through eminent domain?

It's federal land.

[Graybeard58]

It's federal land.

And 26 miles from Tombstone. I doubt the city's ability to reach that far even if the land were privately held.

[TheOldLady]

Federal land should be an oxymoron.

[NonValueAdded]

Federal, schmedral. I did not see an exemption in the 10th Amendment for the Feds. Quite the contrary, where is the accumulation of Federal Lands an enumerated power? Not in Article II, Section 8. If the foundation of Theodore’s Federal Lands system is the General Welfare clause, then I think the State has equal footing to claim the land for a more cogent general welfare purpose, assuming the State Constitution allows it. I will also note that the Amendment V Takings clause provides for compensation only for the taking of private property. I say it is worth a shot, even if only to get the Feds off the dime.

[editor-surveyor]

>> “It’s federal land.” <<

.
Constitutionally, “federal land” doesn’t exist beyond the District of Columbia, and the specified military reservations.

There is no constitutional provision for the Fed Gov to hold title to any other lands.