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Old December 6th, 2017, 08:36 AM   #41
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Originally Posted by goober View Post
It's not, the federal government owns the land, not the state of Utah.
You want the Federal government to just give away an asset?

Are you familiar with the concept of property ownership?
THE LAND IN The US was partitioned into STATES the land is the STATES not the federal government.
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Old December 6th, 2017, 09:59 AM   #42
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Originally Posted by TNVolunteer73 View Post
THE LAND IN The US was partitioned into STATES the land is the STATES not the federal government.
Isn't that wh DC was built on a swamp. So it didnt infringe on sovereign states?
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Old December 6th, 2017, 11:11 AM   #43
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Originally Posted by TNVolunteer73 View Post
THE LAND IN The US was partitioned into STATES the land is the STATES not the federal government.
You're wrong, dead wrong.

Federal ownership of land began in the time of the Articles of Confederation.
In 1778, Maryland led a protest against states with vast western land claims. According to British charters, Virginia, for example, was granted territory west to the Mississippi River and north to Michigan’s Upper Peninsula. Maryland was blocked from westward expansion and threatened not to sign the Articles of Confederation until larger states surrendered their claims to the newly formed United States government. In 1802, these transfers to the federal government were complete and the now Federal government was the landowner of 233 million acres. A year later, the nation doubled in size when President Thomas Jefferson paid France $27 million for the Louisiana Territory (a vast swath of land that ranged from the Mississippi River to the base of the Rocky Mountains). Over the next 50 years, through diplomacy, war, purchase, and treaty the United States became the holder of 1.4 billion acres.
Damn those socialistic Founding Fathers. Read on please:
The legal arguments of those who favor land transfer [YOU]are three-fold. First, they argue that the Property Clause of the United States Constitution (Art IV, Sec 3, Cl 2) limits the authority of the federal government to own land. Second, they argue that the Equal Footing Doctrine (Art IV, Sec 3 Cl 1) may be used to uphold state authority in the face of federal overreach. And third, that the Enclave Clause (Art I, Sec 8, Cl 17) acts as a geographic limit to the amount of land the federal government may own (10 mi. sq.). Each of these argument has been dealt with at length in the United States Supreme Court; each has been found lacking.

The challenges to federal authority based the Property Clause is inconsistent with nearly 200 years of settled legal interpretation. Since 1840, the Supreme Court has ruled that the federal government has nearly limitless authority over public lands under the Property Clause. In U.S. v. Gratiot, the Court ruled that the federal government was under no obligation to give away public lands. In 1890, the Court further ruled that the federal government had authority over adjacent non-federal lands if activities on those lands would impact federal lands (Camfield v. U.S.). In 1911, the Court ruled that ranching on public lands without a permit was illegal despite the fact that such action was consistent with state law (Light v. U.S.). Six years later, the Court applied the same reasoning in deciding that a power company lacked authority to build a dam on federal lands (Utah Power and Light v. U.S.). Finally, in the 1976 decision in Kleppe v. New Mexico, the Court rejected New Mexico’s claim that it could assert title to wild horses protected under a federal act. In all of the above cases, the Supreme Court described federal control of public lands and associated resources as “without limit” and rejected state claims to authorize private action inconsistent with federal rules. In short, federal authority under the Property Clause is as settled a principle as there is in the law.

Claims that the Equal Footing Doctrine may be relied upon as an exemption from federal authority are equally baseless. In 1963, the Supreme Court limited the use of the equal footing doctrine by stating definitively that the only way, post-statehood, for states to receive title to federal lands not submerged was through an express grant by the federal government (Arizona v. California).

Finally, the Enclave Clause of the Constitution is a favorite of land transfer militants. Supporters argue that the Clause limits the amount of land the federal government may own to the ten square miles of Washington D.C. As the Property Clause discussion clearly demonstrates, nothing could be further from the truth. The Enclave Clause is really more about governmental jurisdiction than ownership. The federal government can have an enclave in which much of the territory is titled to private parties—as is true of Washington, D.C. It’s just that in an enclave, federal rather than state jurisdiction is supreme.
So are the states being robbed by the feds?
Nationwide, the outdoor industry generates $646 billion in consumer spending each year, which generates 6.1 million jobs (Tay Wiles, “Outdoor Rec Industry Defends Public Lands,” High Country News Vol. 49, No. 3 (Feb. 20, 2017).).
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