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Utah challenges federal land control in landmark lawsuit

September 20, 2024 | Utah Attorney General, Utah Judicial Branch, Utah


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Utah challenges federal land control in landmark lawsuit
In a recent government meeting, officials discussed Utah's ongoing legal battle with the federal government regarding land management policies. The state is seeking a Supreme Court ruling to declare the federal policy of retaining unappropriated lands unconstitutional. This lawsuit focuses on approximately 18.5 million acres of land—about 34% of Utah—which the federal government has not designated for any specific purpose. For context, this area is roughly the size of West Virginia.

Currently, the federal government controls about 69% of Utah's land, with half of that designated as national parks, monuments, and other protected areas, which are not affected by this lawsuit. Officials emphasized that the lawsuit aims to compel the federal government to dispose of these unappropriated lands, as outlined in the Utah Enabling Act, which allowed Utah to become a state. The Enabling Act anticipated that the federal government would not indefinitely retain these lands and included provisions for the state to receive a share of the proceeds from their disposal.

Critics of the lawsuit have misunderstood its intent, according to state representatives. They clarified that the state does not seek to reclaim land that was once Utah's but rather insists that the federal government cannot hold onto these lands without purpose for over a century. The lawsuit has been filed directly with the U.S. Supreme Court, as allowed by both the U.S. Constitution and federal statutes when a state is involved in litigation against the federal government.

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