Utah attempting to take land
http://www.businessweek.com/ap/finan…/D9EBS5100.htm
.Utah plans to take US land through eminent domain
By BROCK VERGAKIS
SALT LAKE CITY
Utah lawmakers angry over federal ownership of land in the state approved the use of eminent domain Tuesday to take some of the most valuable parcels.
The goal is to spark a U.S. Supreme Court battle that legislators’ own attorneys acknowledge has little chance of success.
But Attorney General Mark Shurtleff and other Republicans say the case is still worth fighting because if the state wins it could reap millions of dollars for state schools each year.
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.
Utah spends less per student than any other state and has the nation’s largest class sizes.
"Access to these lands will unlock billions of dollars for our kids," said Sen. Dan Liljenquist, R-Bountiful. "This is our own land that we can’t get access to because of an unreasonable federal government."
Initially, the state would target three areas for the use of eminent domain, including the Kaiparowits plateau in Grand Staircase-Escalante National Monument, which is home to large coal reserves.
Utah lawmakers contend the federal government should have sold the land by now, and because it hasn’t, violated its contract with Utah when it gained statehood.
Eminent domain would also be used on parcels of land where Interior Secretary Ken Salazar scrapped 77 oil and gas leases around national parks and wild areas.
The Utah Senate agreed to spend up to $3 million to defend the law in court over the objections of Democrats who said it’s a waste of money when the state is unlikely to win in court.
Sen. Ross Romero, D- Salt Lake City, said there are other ways to fund education than spending millions in court with no guarantee of success. He suggested lawmakers consider starting a lottery to supplement education funding, as many other states already do.
Utah and Hawaii are the only two states without any legalized form of gambling, but the likelihood of that changing in heavily Mormon Utah anytime soon is virtually nonexistent.
Sen. Stephen Urquhart, a St. George Republican who sponsored House Bill 143 in the Senate, said sometimes taking an issue to court is the only way to resolve it.
"This will result in a court action, but we need to fight for what is ours and that is the way the system works," he said. "This isn’t going to be revolution in the streets. This is going to be a state asserting its sovereignty."
The Senate approved HB143 21-6, but because it made some minor changes, it still needs one more formal vote in the House before advancing to Republican Gov. Gary Herbert.
.Utah plans to take US land through eminent domain
By BROCK VERGAKIS
SALT LAKE CITY
Utah lawmakers angry over federal ownership of land in the state approved the use of eminent domain Tuesday to take some of the most valuable parcels.
The goal is to spark a U.S. Supreme Court battle that legislators’ own attorneys acknowledge has little chance of success.
But Attorney General Mark Shurtleff and other Republicans say the case is still worth fighting because if the state wins it could reap millions of dollars for state schools each year.
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.
Utah spends less per student than any other state and has the nation’s largest class sizes.
"Access to these lands will unlock billions of dollars for our kids," said Sen. Dan Liljenquist, R-Bountiful. "This is our own land that we can’t get access to because of an unreasonable federal government."
Initially, the state would target three areas for the use of eminent domain, including the Kaiparowits plateau in Grand Staircase-Escalante National Monument, which is home to large coal reserves.
Utah lawmakers contend the federal government should have sold the land by now, and because it hasn’t, violated its contract with Utah when it gained statehood.
Eminent domain would also be used on parcels of land where Interior Secretary Ken Salazar scrapped 77 oil and gas leases around national parks and wild areas.
The Utah Senate agreed to spend up to $3 million to defend the law in court over the objections of Democrats who said it’s a waste of money when the state is unlikely to win in court.
Sen. Ross Romero, D- Salt Lake City, said there are other ways to fund education than spending millions in court with no guarantee of success. He suggested lawmakers consider starting a lottery to supplement education funding, as many other states already do.
Utah and Hawaii are the only two states without any legalized form of gambling, but the likelihood of that changing in heavily Mormon Utah anytime soon is virtually nonexistent.
Sen. Stephen Urquhart, a St. George Republican who sponsored House Bill 143 in the Senate, said sometimes taking an issue to court is the only way to resolve it.
"This will result in a court action, but we need to fight for what is ours and that is the way the system works," he said. "This isn’t going to be revolution in the streets. This is going to be a state asserting its sovereignty."
The Senate approved HB143 21-6, but because it made some minor changes, it still needs one more formal vote in the House before advancing to Republican Gov. Gary Herbert.
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