Utah lawmakers seeking to seize federal land


Feb 23 - McClatchy-Tribune Regional News - Robert Gehrke The Salt Lake Tribune



A Utah House committee unanimously approved a set of bills Tuesday aimed at letting the state seize control of federal land.

"It may not be a quick, easy battle but it's one worth fighting," said Rep. Kerry Gibson, R-Ogden, urging on the sponsors of the bills. "Go for the fight, boys. What else can we do but work hard and stand up for the correct principles? And, in this case, I think we've found a battle worth fighting."

The proposals from GOP Reps. Chris Herrod of Provo and Ken Sumsion of American Fork seek to use eminent domain to take federal land, with rich coal in the Kaiparowits Plateau inside the Grand Staircase-Escalante National Monument being among the targets.

They argue that taking, then developing the federal lands could provide millions to the state's schools.

 "I am fearful for our nation. I'm fearful for the state," Herrod said. "This provides a solution to at least help us with funding education."

To fund the inevitable legal battle, the representatives want to take $3 million from the trust fund for Utah's schools.

Attorney Mike Lee, who is challenging U.S. Sen Bob Bennett for the Republican nomination, said a compelling argument can be made, based on the Constitution, that the lands are subject to eminent domain.

"It's not a one in a million," Lee said of the odds of victory. "It's not one in a thousand. It's significantly better than that. ... It's an argument that needs to be made. It's an

argument that strikes at the heart of the sovereignty of this state."

Legislative attorneys and other experts disagree.

The Legislature's lawyers said there is a high probability that the bill would be deemed unconstitutional, based on case law and constitutional provisions that permit Congress to make laws regarding federal land.

"It would be inconceivable that Congress lacks the power to protect its own land," said David Law, a law professor at Washington University in St. Louis.

Later Tuesday, hundreds of Utahns are expected to rally at the Utah Capitol to oppose the potential designation of two new national monuments in the state and protest federal land-management policies.

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