Posted on 08/20/2024 10:58:38 PM PDT by CFW
Utah filed a major lawsuit with the Supreme Court on Tuesday that could have major implications for federalism and the administration of public lands across the country if successful.
Utah’s lawsuit contends that the Bureau of Land Management (BLM) does not have the authority to effectively hold “unappropriated” state lands indefinitely under the Federal Land Policy and Management Act (FLPMA), the state announced. The federal government controls about 18.5 million acres of “unappropriated” Utah land under the FLPMA, and Utah’s suit argues that the state ought to control this land because nothing in the Constitution expressly permits the federal government to do so instead.
In the context of federal lands, “appropriated” land is that which has been designated for specific purposes like military use or to serve as a national park, for example, according to the state of Utah. By comparison, “unappropriated” territory is essentially land that the federal government is controlling “without formally reserving it for any designated purpose.”
[court documents embedded in article]
[snip]
In total, the federal government controls about 70% of Utah’s land, and the “unappropriated” land that is the subject of Utah’s legal challenge makes up about 34% of the state’s territory. The federal government also controls massive swaths of the land in many other Western states, including Nevada, Oregon, Idaho and Alaska.
(Excerpt) Read more at thelibertydaily.com ...
SCOTUS ping!
If there’s a big puddle it’s a wetland.
The Feds own about 52% or Oregon land, as well.
Given the Oregon state government, the gov. is more likely to join the Fed in this lawsuit than Utah.
The feds will just drill around any ruling by designating a use. It would be nice to see them just disappear but another despotic government would replace their overreach.
My personal preference is to leave National Forests and Wilderness Areas in the control of the Forest Service, but give most BLM land to the state.
Eliminate National Monuments entirely. Too many of them are either worthless of detrimental to the nation, such as the Monument Clinton created to lock up the best coal resources in the country, to benefit this friends, the Riady family, in Indonesia.
A basic question can be where is the Bureau of Land Management (BLM) and National Park Service authorized by the Constitution?
More to the point, what is US Government’s Constitutional authority to own and control land within states?
“Eliminate National Monuments entirely. Too many of them are...worthless...”
Someday, some other corrupt Democrat will open “Slick Willy’s” unintentional coal reserves.
.
When this Floridian took a major tour of the American West early one summer in 1983, all of the National Parks were booked-up, jammed-up, and overcrowded.
What a relief to visit many National Monuments and able to camp lakeside- or riverside in expansive wilderness! Camping alongside the very serious Green River at Dinosaur National Monument was worth the trip all by itself.
If I were to return, I’d like to revisit Utah most of all.
Walk your dog a few hundred feet off a deserted Utah highway and find remote ancient pictographs nobody had ever documented before...!
This could once and for all do away with the Fed Gov’t’s eternal and unconstitutional state land grab. That is, if the Supremes have any guts.
Yep. Make the feds disgorge some of their massive land holdings in the West.
That land was intentionally locked up.... some of the cleanest coal.... needed to have it lockup help his cronies.....
Thanks!
Could we rid of property taxes next? Here in the northeast we’re getting “killed” with $12k-$30k in property taxes. It’s theft… period!
There is this in Article I Section 8, but more to your point is where does the federal government get the authority to "appropriate" land for future use?
Article I Section 8 Clause 17:
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like 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;It doesn't sound like the state of Utah consented to this "appropriated" land, which is essentially a transfer of control to the federal government without having to pay for it.
-PJ
“More to the point, what is US Government’s Constitutional authority to own and control land within states?”
National Security. Bases mostly.
But those teachers unions need your money more than you do!
“A basic question can be where is the Bureau of Land Management (BLM) and National Park Service authorized by the Constitution?
More to the point, what is US Government’s Constitutional authority to own and control land within states?”
That is a very good question.
In the first place the concept of government “owning land” is a myth that has been brainwashed into society by the government. The “government” doesn’t “own” anything, the “people” in common do, they are legally public lands. They have just appointed themselves legal stewards and caretakers of the people’s public lands. Basically they are just property managers like rental agents for us the true owners.
This is something not being discussed about the Jan 6ers. The Capitol is a National Park and public lands, it belongs to the people not to the government or representatives. And we allow them the privilege of using “our” land to conduct business rent free. You cannot be legally charged for trespassing on your own land or public lands. Which is what they are doing to the Jan 6ers with no Constitutional authority to do so.
They are running a bluff and misrepresenting the true legal situation about public lands, and not enough are fighting back and calling their bluff because they have been brainwashed into just accepting that bluff a true.
“National Security. Bases mostly.”
Nope, environmental protection of endangered species is the main excuse for the steals. This all started with the Sierra Club, Allen Cranston, Dianne Feinstein and the endangered species act.
...to control this land because nothing in the Constitution expressly permits the federal union government to do so instead...
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