RE: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States
So, owning Federal Land is NOT a power delegated to the United States by the constitution?
Acquaint yourself with Nevada grazing law - as I have stated, the Bundy’s grazing easement, by Nevada law, preceded the federal “ownership” of the land - the right of the federal government to own “claimed” (within state boundaries) land is in question here. It seems clear by the essay cited above that they don’t have that right. An easement is not abolished by a change of ownership - even if the feds are the new owner.
Bundy has the grazing easement on the land, which means the new owners, the feds, cannot fetter his access according to the easement. Charging a fee for access he owns is fettering. Consider - if a landowner has an access easement across another person’s land, and that land sells, the new owner cannot start charging a toll for the first person to use his access easement. The first person is free to use the easement to access his land, at will and free of charge...unless otherwise stated in the easement.
So - Bundy was there first, he owns the easement by Nevada law, the feds cannot restrict his continued use of the easement he owns - either by blockage or fees.
Where in the Constitution does it say that when a Territory enters the Union to become a State that the Federal Government gets to claim any part of it as Federal Land?
The way it is supposed to work is the Government is to deal with the State government who represent the citizens of the new state to work out Federal claims on plots of land (For Federal Buildings and such). There has long been a claim the Feds fudged that part of the deal on many of the Western states when they were brought into the Union.
There is one school of thought this was done so that the Politiclowns of that time could deal out land for votes/campaign contributions/graft to Railroads/Big Money interests and the like.
Art 1 Sec 8 sub 7 & 17. Explicitly lists what properties the FedGov may own.
86% of Nevada ain’t it...