"Man Bites Dog" Eminent Domain Story as Utah Seeks to Condemn Federal Land
Utah Governor Gary Herbert recently signed legislation, HB324, which authorizes the State of Utah to use its power of eminent domain to take federally owned lands. Herbert argues that Utah is entitled to take the land because the federal government refuses to sell certain properties which could be developed or mined for natural resources. More than sixty percent of Utah is owned by the Federal government, and some Utah lawmakers believe the Federal government’s refusal to sell the property constitutes a breach of contract under the state’s 1894 Enabling Act. However, there is opposition to the plan by gubernatorial candidate Peter Corroon and state Democrats who argue that the matter is a waste of taxpayer money. The legislation provides three million dollars to litigate the issue. in the preparation of this article.
The bill has also drawn national attention from pundits and scholars, and comparisons to a 1996 case where the federal courts struck down a Utah law declaring that a Utah county owned the federal lands within its borders. Although proponents argue the bill is more than a message and could find support from the United States Supreme Court as more states seek to increase state’s rights, the bill is nationally seen as an uphill battle because past litigation has been decided in favor of the federal government.
News articles discussing the topic can be found at the following links:
Salt Lake City Political Buzz Examiner
The author wishes to acknowledge the assistance of Cory K. Kestner, Esq., of McKirdy & Riskin, PA,
