Thursday, August 23, 2018

Federal Government Legal and Territorial Public Lands Supremacy in Utah

          Here is one of many gems I want to share with you from Utah’s State Constitution.  Maybe I’m not reading these statutes right, but these constitutional provisions seem to make unconstitutional many efforts by Utah to acquire federal lands. Our Utah legislators claim that they can use our federal lands as their own private playground.
Article I, Section 3. [Utah inseparable from the Union.]

          ...Utah is an inseparable part of the Federal Union and the Constitution of the United States is the supreme law of the land.

          Article III The following ordinance shall be irrevocable without the consent of the United States and the people of this State:

....
          [Right to public domain disclaimed – Taxation of lands – Exemption.]
Second: –  The people inhabiting this State do affirm and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries hereof, and to all lands lying within said limits owned or held by any Indian or Indian tribes, and that until the title thereto shall have been extinguished by the United States, the same shall be and remain subject to the disposition of the United States, and said Indian lands shall remain under the absolute jurisdiction and control of the Congress of the United States. The lands belonging to citizens of the United States, residing without this State shall never be taxed at a higher rate than the lands belonging to residents of this State; ...

Loren M. Lambert, © June 18, 2017

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