Utah Senate Plans to take US land from the Feds using Eminent Domain!
Submitted by doctor011 on Wed, 03/10/2010 - 09:50
Utah Senate Plans to take US land through Eminent Domain
The Utah Senate has approved the use of eminent domain to take federal land in the state.
More than 60 percent of Utah is owned by the U.S. government, and policy makers here have long complained that federal ownership hinders their ability to generate tax revenue and adequately fund public schools.
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bump for an older post worth
bump for an older post worth bumping.
One gang of thieves stealing from another gang of thieves
OMG, is there no honor amongst them?
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RON PAUL 2012
It seems that these "states"
It seems that these "states" try to emulate D.C.
Free people are not very profitable to governments.
Although I do agree with URI below,per the constitution.
"A government of reason is better than one of force." --Thomas Jefferson to Richard Rush, 1820
Fifth Amendment
Under the Fifth Amendment, the federal government can just eminent domain it right back.
please explain
" No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
please explain.
thank you.
Bill of Rights applies first to federal government
Prior to the enactment of the Fourteenth Amendment, the Bill of Rights applied only to the federal government. E.g., there was no right to free speech at the state level unless it was in that state's constitution. Several decades after the enactment of the Fourteenth Amendment, the Supreme Court adopted the "incorporation" doctrine, whereby some of the first ten amendments are "incorporated" down to the state level by way of the "due process" and "equal protection" clauses of the Fourteenth Amendment.
The Fifth Amendment enshrinement of eminent domain, therefore, must first and foremost be understood as federal eminent domain. When and if the Fifth Amendment became "incorporated" to the state level (for state level eminent domain) is a secondary debate.
Given that the Fifth Amendment was ratified a century before Utah begged to become a state (giving up polygamy in the process), Utah has no legal leg to stand on in protecting its land from federal sticky fingers.
Wait a minute...
Ok, What about this:
Constitution Article I, Section 8, Clause 17-18:
As you can see the Federal Government can only exercise eminent domain to discharge limited, enumerated powers granted to it by the Constitution, and in case of State land, they have to obtain the consent of the State legislature to purchase it.
As for Utah Enabling Act
O, yeah, As for Utah Enabling Act passed by US Congress, did Utah legislature officially adopt and accept those conditions listed in the Enabling Act? If not, Utah is not bound by it. Remember, it takes TWO parties to make a contract, not one.
Yep you exposed it
good work
state's rights
States and municipalities for decades have taken lands from private owners. Courts uphold it, and the only issue that can be reasonably fought is the value of the land.
Therefore, I expect this to stand up in court as long as the state can pay a fair value.
Many western states should consider this, though most states don't have the money to compensate for the taking.
http://FlipFlopRomney.blogspot.com
I hope
it does stand up in court...
Bump.
Berwick, Columbia County, Pennsylvania
Ron Paul 2012 - The People's Choice
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http://www.wethepeoplefoundation.org/UPDATE/Update2011-07-26...
Start issuing deeds...
As soon as Utah's Governor signs this bill...they should start issuing land deeds as fast as they can. Give the land away for the future revenues as well as to occupy it! What are the Feds gonna do? Move in with the Army?
Dibs on Yosemite!
Although my guess is the gun policy in the park might be better under the feds.
IMissLiberty
Fed park gun policy just
Fed park gun policy just changed - to clone the policy in the state in which the park is situated.
= = = =
"Obama’s Economists: ‘Stimulus’ Has Cost $278,000 per Job."
That means: For each job "created or saved" about five were destroyed.
Wow, this is great!!
.
Protecting UT from being used as 'collateral' for US Debt?
Maybe a move to make sure UTAH doesn't someday become 60% owned by CHINA -- just in case we default on US Debt.
nospeaka
In case we Default? More
In case we Default? More like "When" we default!
There is no Left or Right -- there is only freedom or tyranny. Everything else is an illusion, an obfuscation to keep you confused and silent as the world burns around you." - Philip Brennan
"Invest only in things that you can stand in front of and pr
You guys forget
WHO owns China ? Defaults are not viable to anyone involved..Parties of the first part ,etc..The only issue they would contend for is who gets to issue the money..The issuing org. gets a cut right off the top.
This is a great Idea
All states need to do this.
If voting could really change things,
it would be illegal. Here is hoping for change!