Breaking News

Utah Sends Bills to Governor Asking State Control Over Federal Land
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)

In their battle to gain control of federal land within the state, Utah lawmakers approved two separate measures on Wednesday in the Senate. The bill HB 148 received final approval of the House after suitable amendment. Another bill, the HJR3, is already at the desk of Gov. Gary Herbert.

The HJR3 is made against the historical context of Utah’s claims to 67 percent of the property within the borders of the beehive state. The resolution asks the federal government to hand over control of the land to state authorities by Dec. 31, 2014.

On the other hand, HB 148 requires the state to begin a study on the potential transfer and set the table for legal action that may be required against the federal government.


Sen. John Valentine told the media that the enabling act under which Utah had become a part of the United States of America represents a contract between the state and the federal government. Referring to the congressional acts in 1976 of opting out of those enabling acts do not make the contract void ab initio and the legality of the pact holds to date. Valentine said, “The government has the right to handle federal lands. It does not have the power to breach a contract.”

Senator Barrus, who had sponsored the bill HJR3 holds that the potential transfer of public land is a key element to educational funding. The Senator pressed that the historic promise made to states in 1780 allows states to fund education through the transfer of federal lands to the state. At a time when teacher layoffs and worsening of educational infrastructure has become inevitable due to budget cuts and lack of availability of federal funds, keeping to the promises made in 1780 and handing over federal lands to states can help the situation and open up this key area of educational funding.

Chief Deputy Attorney General John Swallow told the media that the state is ready to seriously contest the issue despite warnings that any legal action sought against the federal government could be unconstitutional.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!


Interesting Legal Sites You May Like




Search Now

Mid to Senior Level Labor and Employment Attorney

USA-CA-San Francisco

San Francisco office is seeking a mid to senior level labor and employment attorney.

Apply Now

General Municipal Associate Attorney

USA-CA-Santa Cruz

Santa Cruz office of our client seeks associate attorney with 1-2 years of experience in civil and c...

Apply Now

Law and Motions Briefing Attorney

USA-CA-Long Beach

Long Beach office of our client seeks law and motions briefing attorney with 3+ years of substantial...

Apply Now

Litigation Associate Attorney

USA-NJ-Woodcliff Lake

Woodcliff Lake office of our client seeks litigation associate attorney with 2-5 years of experience...

Apply Now



USA-NY-New York City

Active Real Estate firm with a large commercial clientele seeks a Senior level Real Estate litigator...

Apply now

Sr. Immigration Paralegal


Somireddy Law Group (Ashburn, VA) is looking for Business Immigration Attorney / Sr. Immigration Par...

Apply now

Business Immigration Attorney / Sr. Immigration Paralegal


Somireddy Law Group (Ashburn, VA) is looking for Business Immigration Attorney / Sr. Immigration Par...

Apply now

Paralegal Studies Tenure Track Faculty / Program Coordinator


Creating > Sharing > Inspiring TEACH YOUR PASSION Contemplate, explore, and expound upon the s...

Apply now


To Top