California County Seeking to Assert Control Over Federal Land

Recently, the State of Utah has been making eminent domain news as it seeks to condemn property from the federal government.  Now, one California County is looking at a less drastic means of gaining some control over federal property. 

On April 6, the San Benito County Board of Supervisors voted 4-0 to reopen 25 miles of previously closed County roads.  While deciding to reopen its own roads might normally garner little attention, this decision is interesting because the roads are located within land owned by the federal Bureau of Land Management.   The roads were closed in 2008 when the BLM ordered that area closed to the public. 

The County's move was targeted at regaining public access to the BLM land.  An April 7 article "County to feds: They're our roads!" posted at World Net Daily, quotes Don Amador, Western Representative for the BlueRibbon Coalition:

"When the federal government ignores the will of the people, local voters and users that visit the area have little choice but to look elsewhere for relief. Up and down the state, I see a growing number of counties who are joining with the people in defense of historic access to federal lands," Amador said. "Today's vote to reopen the roads for street-legal vehicles should be a clear signal to the BLM that their effort to make the Hollister Field Office a 'Human Free Zone' is going to be challenged."

The County also voted to endorse "Alternative A" of the BLM's draft Resource Management Plan for the area, which would reopen the area to the vehicular access.  By contrast, an April 7 report by the BlueRibbon Coalition reports that "[t]he BLM's preferred Alternative E functionally closes the area to meaningful vehicular access."

Not surprisingly, officials at the BLM question the County's tactics, and maintain that while the County roads may reopen, the surrounding property will remain closed.  The World Net Daily article reports that the BLM has "asked the county to clarify how it intends to proceed since while the county roads in the region can be opened, the BLM land remains off-limits."  It will be interesting to see how things play out. 

Utah Seeks Supreme Court Battle Over Eminent Domain Power

I'm a California eminent domain attorney.  I work in Orange County, Los Angeles County, Riverside County, San Bernardino County, etc.  I don't work in Utah.  I'm not even licensed in Utah.  Why, then, would I bother to blog about what is going on with eminent domain in Utah?

Quite frankly, because it amuses me.  The Utah Senate has now approved a law that authorizes the state to condemn property from the federal government.  You may wonder how can a state give itself the power to condemn property from the federal government.  The answer:  it probably can't --and Utah knows it.  

According to a March 10 article by Brock Vergakis in Business Week, "Utah plans to take US land through eminent domain," Utah's lawmakers are using the new law to create a legal battle:

The goal is to spark a U.S. Supreme Court battle that legislators' own attorneys acknowledge has little chance of success.

So why bother?  Probably a couple of reasons.  First, even if unlikely to succeed, the scheme could be incredibly lucrative if it works.  People bet on long shots all the time, and Utah apparently believes that the cost of this long shot is justified by the potential rewards. 

Second, I'm guessing Utah is trying to make a political statement in a very visible way (Supreme Court battles tend to do that).  They do not think the federal government is properly managing federal land, and they want to generate revenue off of land that, at present, does little to benefit the public.  And, this is not a minor issue, as the federal government apparently owns more than 60 percent of the state. 

I think the fight will be a fun one to watch.  Of course, I'm sitting here in California, and I'm not going to foot the legal bill of up to $3 million (that's how much the legislature authorized in spending to defend the new law). 

If the scheme works, I wonder if I could get someone to grant me the power to condemn land from the federal government . . . .