Governor signs eminent domain to seize federal land

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An effort seen as fundamental to funding of public education was taken to the next level by Gov. Gary Herbert.  Saturday he signed the legislation authorizing Utah to use eminent domain to seize federal lands.  In an update the Wall Street Journal has written a solid article on the action which sets the pace for other states to follow and legal battles ahead. 

Take some time to read the article.  Also, don’t forget to thank Gov. Herbert and the legislators who helped move Utah toward fundamental sovereignty under the 10th Amendment duties of all states.

In War Between States and Fed, Utah Strikes Latest Blow

Gary Wood is the Educational Advisor for the Utah Tenth Amendment Center. Co-founder of the Heritage Training Center, focused on helping end constitutional illiteracy. With 35 years of devoted study of our Constitution his desire is to help others rediscover the inspiring heritage of the United States. Radio show host, training officer, lifetime member of the VFW and most importantly Grandpa.

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10 Responses to “Governor signs eminent domain to seize federal land”

  1. Brad says:

    I’ve often wondered what logic (or lack thereof) compelled Utahns to go along with the concessions they had to make in order to get statehood. Why? Why not just create an independent republic based on the constitutional principles which the earliest settlers of Utah had to leave the United States in order to enjoy?

  2. Rick says:

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  3. Paul says:

    I’ve often wondered what logic (or lack thereof) compelled Utahns to go along with the concessions they had to make in order to get statehood. Why? Why not just create an independent republic based on the constitutional principles which the earliest settlers of Utah had to leave the United States in order to enjoy?

  4. Spencer W. Morgan says:

    I've often wondered what logic (or lack thereof) compelled Utahns to go along with the concessions they had to make in order to get statehood. Why? Why not just create an independent republic based on the constitutional principles which the earliest settlers of Utah had to leave the United States in order to enjoy?

  5. Darkwolfe says:

    Maybe Utah needs an amendment to resolve that issue?

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  9. pnoque says:

    I am a libertarian and completely supportive of attempts to take land back from the federal government, but Utah's constitution kind of backs us into tough spot on this one. Article III, Section 2 states:

    "The people inhabiting this State do affirm and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries hereof, and to all lands lying within said limits owned or held by any Indian or Indian tribes, and that until the title thereto shall have been extinguished by the United States, the same shall be and remain subject to the disposition of the United States, and said Indian lands shall remain under the absolute jurisdiction and control of the Congress of the United States."

    The nail in the coffin is this prefacing clause:

    "The following ordinance shall be irrevocable without the consent of the United States and the people of this State…"

    We signed away our right to the land a hundred years ago. An attempt to seize it using eminent domain is illegal under our own constitution.

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