Utah school trust land litigation and eminant domain update
Posted by Gary Wood
In his newsletter Rep. Carl Wimmer included the update below on HB 143; Eminent Domain
Authority, and 324; Public Lands Litigation
. If you have not read these two pieces of legislation please do. As we hear the politicians and citizens screaming about the risk of cutting off federal funds by challenging the federal usurpation you will not hear them discuss these areas. While our education spending increases nationwide we continue to see states, Utah in particular, cutting back on schools due to budget shortfalls. How can this be?
One reason rests in the unauthorized Executive Order moves that have locked up our lands that should be available to help us provide the best education for our children. Another is the poorly conceived tax system that allows the feds to take directly from citizens before they ‘give’ it back to us. The list of reasons goes on but all are tied to operating outside of the enumerated limits of the general government and not allowing states to operate within responsible areas local governments are more competent to manage. Opponents against Utah sovereignty in all matters outside those enumerated for the federal government under the U.S. Constitution will not talk about the blessings of liberty, only the necessity of keeping the feds happy so they will ‘give’ us money. The money routed through D.C. never works for the budgets of the states.
Read the update from Rep. Wimmer, read the legislation. If you believe we can better fund, manage, and oversee our education system be ready to support the legislation and legislators who are attempting to have Utah resume its duty while demanding the federal government do the same. It is not a shortage of money but the improper manipulation of the money and we can fix that when enough citizens understand and support efforts to fix it.
HB143 & 324 – School trust land litigation and eminent domain amendments:
These bills are co sponsored by Rep Herrod, Sumsion and I.
These two bills have the ability to fundamentally change education funding in Utah. At statehood Utah was awarded School Trust Lands. These lands were meant to be developed, and the money was to go to our education system. Over the years the federal government has come into Utah and has locked up land that encompasses these School Trust Lands. There is a 1979 court case which clearly says that states shall have access to their school trust lands. These two bills put into place a funding source to defend a court case, and then orders the State Attorney General to claim eminent domain authority over our school trust lands.
If we are successful it means billions of dollars in education funding to the state. Utah could move from being the last in per pupil spending to the top. It could also clear the way for future income tax cuts. The up side is huge. These bills have passed both the House and the Senate and are on there way to Gov. Herbert.
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.