Some Utah lawmakers want to use eminent domain to return federal land to state for development

Utah lawmakers want federal land returned to state

SALT LAKE CITY — Conservative Utah lawmakers want to spark a U.S. Supreme Court case that could ultimately allow states to develop resource-rich parcels of land that are now off limits where the federal government is the landlord.

The lawmakers said Thursday they will attempt to trigger an avalanche of legislation in the West through the use of eminent domain, which governments use to take private property for public use.

More than 60 percent of Utah is owned by the federal government, and policy makers here have long complained that federal ownership hinders their ability to generate tax revenue and adequately fund public schools.

Utah spends less per student than any other state and has the nation’s largest class sizes.

Legislation was introduced in the Utah House on Thursday allowing the use of eminent domain on federal land. The effort has the full support of Republican Attorney General Mark Shurtleff, who would have to defend the law.

The proposals include setting aside $3 million for a legal defense — money that otherwise would have gone to support the state’s schools. This year, Utah is facing an expected $700 million budget shortfall.

GOP lawmakers said it’s a worthwhile investment because the state has the potential to create tens of billions of dollars in new revenue if a court rules in its favor.

Initially, the state would target three areas for the use of eminent domain, including the Kaiparowits plateau in Grand Staircase-Escalante National Monument, which is home to large coal reserves.

“In the Kaiparowits plateau alone there is a trillion dollars worth of natural resources. Had that been privatized … we’d have $50 billion in our school trust land,” said Rep. Christopher Herrod, a Provo Republican sponsoring the eminent domain bill.

Herrod contends that the federal government has violated its contract with Utah when it gained statehood because it has not sold federal lands and given the state money from it for its school system.

Eminent domain would also be used on parcels of land where Interior Secretary Ken Salazar scrapped 77 oil and gas leases around national parks and wild areas.

Shurtleff acknowledges winning a legal battle would be difficult. There’s also no guarantee the Supreme Court would even hear the case, although Shurtleff believes the court’s makeup would look favorably upon state rights issues.

Herrod likened the probable court challenge to “swinging for the fences” in baseball.