The state of Montana believes that it should have the right to exercise authority over federal land within the state – and the state legislature is working to “override the powers the U.S. government holds in the state” via Senate Bill 254, which would give Montana eminent domain authority over federal land within its borders[1]. Jonathan McNiven, a republican from Huntley, Montana, points out that the federal government owns about a third of all the land in Montana. McNiven believes that this ownership is “denying [the state] beneficial…uses” of the land, including access to natural resources. The state house passed the measure on Friday and it has already passed in the senate[2].
Utah passed a law similar to the one being proposed in Montana last year and also set aside money for the legal challenges expected to follow. Interestingly, no lawsuits have yet been filed. However, officials expect fallout when they complete a current suit designed to “claim hundreds of roads” in the state. Interestingly, motions to study the impact of eminent domain on landowner rights and another measure to “bolster landowner rights” in the face of eminent domain both died in the house last week while this groundbreaking legislation was passed.
Do you think that states should have the right to take over federal lands via eminent domain?
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[1] http://www.businessweek.com/ap/financialnews/D9MAS6TO0.htm
[2] http://www.therepublic.com/view/story/f4287ee6a450408a9da25f87c4e594ff/MT-XGR–Eminent-Domain/
Frankly no, and with a reason. Federal lands have been purchased and maintained with the tax dollars of all americans. Why then, should they now be taken by only those within the state?
This is why the fed govt would like the states bankrupt and asking the govt for help, instead of evoking states rights and telling the fed govt to get lost. Endless and useless state buracracys that are supplemented by the fed govt as well as welfare, health care, police state foolishness and lax border regulations(because of welfare etc) that contribute to state debt are encouraged by the fed govt for leverage. The constitution states that the fed has no business doing the things it does, and the states have the last word on laws and property etc. Its time to put the fed gvt back in their place while we still can.
Yes the states have that right as the federal government is a fiction of the original thirteen states and thereby subject to the states. The feds have been able to control the states with bribes over the last century and the states are finally waking up to the fact that they are now the servant and not the master as was the original intent.
eminent domain by definition means “the state” takes the owners property without their permission. If you understand what an attack this in on our freedom you will understand that eminent domain is plunder.
The constitution states that the federal gov will only own property needed to conduct the business of the government. It does not give them the right to take property for parks etc.
The constitution does not give the Fed Gov. the right to own any property except that needed for the business of government
If you read the land and or property title correctly you will notice that no one owns their property and or land. The wording alodial title is written on all property deeds. And that means at best a 99 year lease, without mineral rights, including water. Uncle Sam is sneaker than most tax paying land, and property owners read. Eminent domain is a bureaucratic jargon word for Uncle Sam getting what others own or have paid for.
Montana is but an example of that which is pervasive in many, many states. The federal government doesn’t need to be holding the vast majority of federally owned land. There are exceptions for things such as military bases and other installations, but for the most part there is no good reason for sustaining federal ownership. Break most of it up into parcels and sell it off to the public. Great way to raise money to reduce the deficit these Washington dirtbags have built up.
I fully agree with Dau Tieng 59(above).Over time we have allowed the Fed.Gov. to become much too large and powerful.The States give the Fed.Gov. its power and I think it has gotten way out of control!
When everybody owns the land, nobody owns it.