Utah gov. OKs eminent domain use on federal land

[Scurrilous]

Source: Associated Press

<snip>

"Fed up with federal ownership of more than half the land in Utah, Republican Gov. Gary Herbert on Saturday authorized the use of eminent domain to take some of the U.S. government's most valuable parcels.

Herbert signed a pair of bills into law that supporters hope will trigger a flood of similar legislation throughout the West, where lawmakers contend that federal ownership restricts economic development in an energy-rich part of the country.

Governments use eminent domain to take private property for public use.

The goal is to spark a U.S. Supreme Court battle that legislators' own attorneys acknowledge has little chance of success."



Read more: http://www.google.com/hostednews/ap/article/ALeqM5jroiRpe94yfsf7na4s7UZNxvWkLgD9ENQPCG0

[MineralMan]

1. Watch me pull some land out of my hat!

That trick never works.

[ladywnch]

2. nothing up my sleeve...... Presto!.....

no doubt about it. You gotta get clue! lol

[BumRushDaShow]

6. Ooops! Wrong hat.

They keep doing this over and over and over and fail every time. Meanwhile the Utah taxpayer has to pay for this frivolous crap. But seems many are asleep.

[Ikonoklast]

3. Political posturing by states-rights morans.

Going nowhere, fast.

[Cirque du So-What]

4. So they're going to turn over public lands to private interests?

I hope the lawsuits start flying so fast & furious it'll tie knots in their Jesus Jammies. If possible, tack on punitive damages for doing something so clearly illegal.

[Riftaxe]

9. ever heard of Kelo vs CT? (nt)

edited to add Vs

[Xipe Totec]

12. That was property taken from one private owner to another.

It does not apply.

[cstanleytech]

11. Agreed, all its gonna do is waste taxpayer dollars in the end because

there is no way the federal courts will allow the states to start snapping up federal land.

[DallasNE]

22. So Utah Wants

To sell off portions of Bryce Canyon National Park to strip mine coal. Now how much sense does that make?

[annabanana]

5. HEY! Youse guys.. That's MY property!

And my neighbor's. . and my family's and HIS family's land.

Getcher goddam sticky mitts OFFA it!

[DavidDvorkin]

7. Wasting taxpayer money on stunts

that they hope will encourage the taxpayers to vote for them. Why, it could work!

[glinda]

10. Multiple lawsuits of all kinds will strain State budgets "on purpose" IMHO.

[drm604]

8. I'm not a lawyer but I can't imagine that they can do this.

Even if they could, couldn't the feds just exercise eminent domain and take it right back?

[James48]

13. Interesting....

Yes, I suppose the feds could exercise eminent domain and try and take it back again.

However, it certainly presents an interesting case. The 10th Amendment gives states a lot of power- I'd like to see how this one turns out.

Should keep the lawyers busy for a long time.

[depakid]

14. The 10th Amendment is trumped by the Supremecy Clause, as was aptly demonstrated

at a little place in South Carolina called Ft. Sumpter....

[MattBaggins]

23. Not interesting at all

unless you find millions of taxpayer dollars flying out the window interesting.

[No Elephants]

20. They KNOW they can't succeed.

From the OP.

"The goal is to spark a U.S. Supreme Court battle that legislators' own attorneys acknowledge has little chance of success."

When your own lawyer says your case has little chance of success, the translation is: "This lawsuit is a total loser."

So, think: Why would anyone start expensive litigation against the U.S. they know they will lose?

[Historic NY]

15. Hey that as much my land its public property owned by US citizens.

[LiberalFighter]

16. I agree

Consider that Congress has determined the boundaries of states carved out of territories. Kentucky and West Virginia were carved from Virginia. Alabama from Mississippi Territory and West Florida.

The Governor must not have received a Utah history lesson.

[MattBaggins]

24. Exactly

If Utah wants to pay off the debts they were forgiven when they joined the union; they can have this land back.

[SoapBox]

17. I would like to eminent domain Utah and toss out the Cult

...bye-bye Mormons is what I would like to see.

OR...you wanna play ball Gov? Let's look into all the "churchy" stuff...how you
clowns "own and run" the state? How about that tax free thingy for the Mo-Mo's?

Let's dance.

[pattmarty]

18. He plans to take it and turn it right over to the energy companies...........

.........Fucking shitbag.

[PatrynXX]

19. and when Utah and the like loses like they will,

every single person who got screwed by eminent domain will be cheering.

[No Elephants]

21. The OP says they know they can't win. This is to drum up more anti-federal hate.

[alp227]

25. This is one silly unconstitutional bill that'll go in the garbage in a few years.

Jonathan Turley responds: "American politics has descended into virtual graffiti legislation", and it is "truly amazing" that the state is spending ~$3 million to defend this bill in court despite state budget problems.

What's next, Utah wants to secede from the US like some in Texas, Alaska, Puerto Rico wish?