Noticed this topic was being discussed on another thread and thought you guys might be interested.
quote: Salt Lake City - Utah Gov. Gary R. Herbert has signed two bills authorizing the state to use eminent domain to seize some of the federal government's most valuable land.
Supporters hope the bills, which the Republican governor signed Saturday, will trigger a flood of similar legislation throughout the West and, eventually, a Supreme Court battle that they hope to win -- against long odds.
long odds, for sure.
Posted by NaturalResources on :
Interesting take on the whole thing here:
Guv approves use of eminent domain to take federal land
quote: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.
also:
quote:Initially, the state would target three areas for the use of eminent domain, including the Kaiparowits plateau in Grand Staircase-Escalante National Monument, which is home to large coal reserves.
I hate to get in anyones face and "Go Green", but if this is about development of coal reserves to fund public schools in Utah, this is a HUGE mistake and I hope it does fail miserably.
Posted by glassman on :
the Utah State Constitution as it was originally written and ratified upon acceptance to the US: ARTICLE III
ORDINANCE
The following ordinance shall be irrevocable without the consent of the United States and the
people of this State:
Second:--The people inhabiting this State do affirm and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries hereof, 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.
i assume that they have rewritten or ammended their original constitutin since this became law in 1896?
nope here is the current Utah Constitution:
Article 3 Section [Right to public domain disclaimed -- Taxation of lands -- Exemption.] Second: -- The people inhabiting this State do affirm and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries hereof,