Real Estate & Property Law

Another State Federal Tiff

By Alan Ackerman

CFACT

Under legislation Herrod introduced in the Utah House Feb. 11, the state would set aside $3 million to pursue its eminent domain case in the courts.  Utah Attorney General Mark Shurtleff, who would lead the charge on eminent domain, wholeheartedly supports Herrod's legislation.

Last year, Interior Secretary Ken Salazar infuriated policymakers in Utah by withdrawing 77 leases for oil and gas exploration on federal land in the state.  Salazar's move appears to have been the proverbial straw that broke the camels back, triggering the Herrod's daring challenge to federal control.  Herrod and his colleagues hope that their action will encourage other resource-rich western states to launch similar eminent domain cases against the giant landlord in Washington.

Utah may attempt to acquire federal land by eminent domain.  Given the process and delineation of powers between the state and federal government, and the fact that the federal government sought and obtained this land for park purposes, one need not be surprised that the federal government is placing limitations on development.  The question now is one of federalism to the extent that there is a question of whether the state even has the right to condemn federal property.  This will offer an interesting challenge.        
 

Full post as published by National Eminent Domain Blog on March 10, 2010 (boomark / email).