Sunday, December 26, 2010

Whose Land is it anyway?

For those that have been celebrating this last week, and may have missed it:

Department of the Interior's announcement today regarding "Wild Lands":

http://www.doi.gov/news/pressreleases/Salazar-Abbey-Restore-Protections-for-Americas-Wild-Lands.cfm


http://www.doi.gov/news/pressreleases/loader.cfm?csModule=security/getfile&PageID=115974

http://www.sltrib.com/sltrib/home/50931634-76/salazar-utah-policy-blm.html.csp

The reaction from US Congressman Chaffetz, Senator Hatch and others:

http://www.foxnews.com/politics/2010/12/25/republicans-plan-challenge-obamas-reversal-bush-wilderness-policy/

http://chaffetz.house.gov/in-the-news/2010/12/chaffetz-reacts-to-doi-announcement-on-public-lands.shtml

http://hatch.senate.gov/public/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=14d7dae2-1b78-be3e-e0ec-c4bcfce4ecf5

The reaction from Utah's Governor Herbert:

http://www.utah.gov/governor/news_media/article.html?article=3969

And has everyone forgot what happened earlier this year? :

http://www.deseretnews.com/article/700008668/Utah-Legislature-Lawmakers-take-states-rights-fight-to-public-lands.html

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

http://www.deseretnews.com/article/700020242/Utah-governor-OKs-eminent-domain-use-on-federal-land.html

This bill authorizes the state to exercise eminent domain authority on property possessed by the federal government unless the property was acquired by the federal government with the consent of the Legislature and in accordance with the United States Constitution Article I, Section 8, Clause 17.

http://le.utah.gov/~2010/bills/hbillenr/hb0143.pdf

See also:
http://le.utah.gov/~2010/bills/hbillenr/hb0324.pdf

The ultimate question? What percentage of Utah's land the US Federal Government "owns" was acquired by the federal government with the consent of the Legislature and in accordance with the United States Constitution Article I, Section 8, Clause 17?

Which says: "... to exercise like [Washington D.C.] Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings ..."

If the answer to the above question is "very little if any", it is time to get the rest back.