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March 03, 2010 09:35 PM UTC

At Least Its Not Your State Legislature

  • 9 Comments
  • by: ClubTwitty

( – promoted by Middle of the Road)

While Coloradans debate the efficacy of a new helmet law for kids, the Utah State Legislature brings a whole new level of stupid.

Reporting from Salt Lake City – Long frustrated by Washington’s control over much of their state, Utah legislators are proposing a novel way to deal with federal land — seize it and develop it.

The Utah House of Representatives last week passed a bill allowing the state to use eminent domain to take land the federal government owns and has long protected from development.

The state wants to develop three hotly contested areas — national forest land in the Wasatch Mountains north of Salt Lake City, land in a proposed wilderness area in the red rock southwestern corner of the state, and a stretch of desert outside of Arches National Park that the Obama administration has declared off-limits to oil and gas development.

…Some legal experts say the effort is unlikely to succeed, but Republican state Rep. Chris Herrod, one of the authors of the bill, said the state had little choice.

“I love America, and I’m a peaceful guy,” Herrod said, “but the only real option we have is rebellion, which I don’t believe in, and the courts.”

…In Utah, a dozen measures have been introduced since January that defy the federal government. It has reached such a pitch that the House’s Democratic leader last week complained that Republicans were spending too much time on such proposals.

…A spokeswoman said [Gov.] Herbert supported the concept of the eminent domain proposal but was unsure whether it would survive a legal challenge.

…The legislators want to seize and open two roads through national forest land that the federal government closed. This would allow access to state land that they hope to sell to developers to build high-end cabins.

A third area would be more provocative: a swath of federal land outside Arches National Park where the George W. Bush administration, on the eve of the 2008 election, authorized oil and gas exploration. The Obama administration reversed the decision.

Legal experts contend that the federal government is under no obligation to sell its land in Utah and that no state could successfully seize federal property.

“It flies in the face of history and is also inconsistent as a point of law,” said Bob Keiter, a law professor at the University of Utah.

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9 thoughts on “At Least Its Not Your State Legislature”

    2. Would this be the first time eminent domain takes land from another governmental body?

      Does the Constitution provide for such a thing?  I doubt it.  

      I know that not all Republicans are fools, but actions like this make my belief harder and harder to uphold.  

  2. in Utah or Colorado.  Moffat County put forth a proposal years ago to try and take control of all federal lands as well but the DOI (when Norton was at the helm) told them it was unconstitutional.  So it’s fairly obvious that this won’t go far.

    The fact that this entire legislation is being predicated on ‘providing revenue for our schools’ is so specious and ridiculous, nevermind the obvious double-standard with eminent domain.  Tourism is the largest economic driver in the state of Utah.  All of the sagebrush rebels rail on how Grand Staircase-Escalante NM was a land grab by Clinton, yet towns like Boulder, Escalante and Kanab all promote the hell out of it and have reaped the benefits.

    The good thing about all of this discussion in Utah is that is seems to be moving regional wilderness bills forward, pieces of the Red Rock Wilderness Bill might finally see fruition in the coming years and some of the most spectacular landscapes in America might finally enjoy protections that the deserve.

    1. All federal lands in Moffat would have been managed by a handpicked cadre of seven.  Filed a CORA request on it back then.  Went to pick up my documents.

      “Why are you doing this [name redacted]?” Jeff Comstock asked.  “Because I can, Jeff” I replied.  Damn that open government!  (Still have the files kicking around here somewhere).

      Three weeks ago I was in Escalante, hiking around the GSENM.  Three feet of snow on the ground–the most since 1978.  Still, people in the hotels, restaurants.  I use to go down there prior to the monument, and in the Spring (when S. UT is busy–“how do you know its Spring in S. UT?  The license plates turn green”) and the (then run down) hotels and couple of restaurants were empty.

       

  3. Hating on the Federal Government – especially its land ownership – is very popular in Utah.

    The Utah state government will lose lots of money arguing this case, but their legislators will, for the most part, rest easy knowing they’ve pushed the right buttons to get re-elected regardless of the waste.

    1. I mean, if she stays home and doesn’t try to do any work while she’s pregnant, they’ll excuse her – probably.  But heaven forbid she does something strenuous that she should have known had even the slightest chance of inducing a miscarriage.

  5. We should ship them the Colorado “minutemen”. They can protect the border from the invading hordes of Federals.

    Colorado “minutemen” are the Derringers of protection.

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