According to the Constitution of The State of Utah ,
Article III , Section 2:
“[Right to public
domain disclaimed. Taxation of lands. Exemptions.] Second:--The people
inhabiting this State do affirm and declare that they will forever disclaim all
right and title to the unapropriated (sic) 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 . . .”
This Constitution was ratified in 1896, and Utah
became a state. The Constitution of The State of Utah is the law of our land. Utah
disclaimed all right and title to the unapropriated (sic) public lands.
So why, you might ask, did the (Utah) Commission for the
Stewardship of Public Lands pay $640,000 to Davillier Law Firm of New Orleans
to analyze the legality of suing the Federal Government to allow Utah to take
over all the public lands? (Salt Lake
Tribune February 2, 2016 ) And why won’t the legal team give the
complete report to all members of the Commission, which consists of five
republicans and two democrats? (Part of this report has been made available to
the member of the commission and the public, it only outlines the “positive”
effects of this proposed lawsuit.) Neither of the Democrats (Senators Debakis
and Briscoe) have been allowed to review the entire report. Why not? What is
the legal team afraid of? A conflict of interest on behalf of the law firm, or
the chairman, perhaps? Or, more telling, that the State of Utah
would lose this battle in court?
The head of the Davillier legal team has said Davillier is protected
by client-attorney privilege and can only release the information to the
chairman of the Commission, David P. Hinkins, or to others upon approval of
Chairman Hinkins. What is the chairman afraid of?
Hold on just a taxpayer-fleecing minute. The entire
commission voted to hire the legal team, not just the chairman. The entire commission
should be entitled to the complete report, as should the voters of Utah !
To withhold this information is to deny the commission, and the voters of Utah ,
the information they need to make an informed decision. We, the taxpayers, of Utah ,
paid for this report, and I for one want to read it, in its entirety,
without redactions.
I also want to know who is going to benefit from the
takeover of public lands in Utah .
Will it be land developers, the extraction industries, the cattlemen, or the
hospitality industry? What about hunting, hiking, camping, fishing, and off
road enthusiasts, or antiquities thieves?
Is this just one more ploy of the American Lands Council,
headed by Utah state
representative Ken Ivory, to fleece the Utah
taxpayers; to deny our children and grandchildren the right to enjoy all the outdoor
vistas and experiences that Utah
offers?
I fear it is. Please feel free to post your comments or
thoughts.
Thank you, Senator Debakis and Robert Gehkre of the Tribune,
for making this issue public.
Retrieved February
2, 2016 , from : http://www.archives.state.ut.us/research/exhibits/Statehood/1896text.htm