Why Utah Is Asking for Clarity From the U.S. Supreme Court

Imagine you own a home in a beautiful neighborhood. A homeowners' association, or HOA, is established to manage shared areas, like the swimming pool and playground. The HOA is granted limited and specific powers to manage those areas that benefit everyone. But what if the HOA slowly gave itself more authority, ultimately claiming control over nearly 70% of your property, dictating how you use your backyard, whether you can garden, or even when you can access parts of your home?

You'd likely feel frustrated and constrained, especially if other homeowners retained control of their property and the HOA was managed remotely by people who don't live in your community.

This analogy, though imperfect, essentially captures Utah's relationship with its public lands today. Nearly 70% of Utah is controlled by the federal government (symbolically, the HOA), which was created to exercise only specific or enumerated powers. While half of that land includes our national parks, forests, and other appropriated areas, another 18.5 million acres are "unappropriated" or held by the Bureau of Land Management without any designated purpose.

This vast swath of land represents over a third of Utah territory. Despite the state's best efforts, the federal government has shown no intention of relinquishing control to serve the people of Utah or managing the land to optimize public access.

Photo: State of Utah

Recently, Utah filed a historic lawsuit asking the U.S. Supreme Court to address whether the federal government can indefinitely retain unappropriated lands over Utah's objection. Nowhere in the Constitution does it grant federal authority to simply hold onto lands without use of an enumerated power. The focus is squarely on unappropriated acreage. This lawsuit does not include national parks, forests, monuments, or other federally designated areas.

The state's preeminent purpose in this case is to protect Utah's lands today and for generations to come. Public lands should remain accessible, well-managed, and in the hands of those who know and love them best - the people of Utah. Critics of the lawsuit argue it is a veiled attempt to sell off public lands to the highest bidder. Let me be absolutely clear: this lawsuit is not about selling land. It's about ensuring Utahns - not distant federal bureaucrats - have primary say in how our land is used, managed, and preserved.

Utah's commitment to public lands remaining in public hands is evident in state laws prioritizing land exchanges over sales. The sale of a parcel of public land under state code is only allowed if it is unsuitable for long-term management due to its location or characteristics, has minimal value for hunting, fishing, or other outdoor recreation, is 100 acres or smaller, and an exchange is impossible.

Additionally, the sale must be conducted through a competitive bidding process, requiring approval from a two-thirds legislative majority and the governor. In other words, Utah law makes it very difficult and unlikely that public land will be sold.

The federal government's control over such a large portion of the state presents unique challenges. It limits Utah's ability to manage and protect our natural resources effectively. It impedes our decision-making about critical infrastructure, like roads, wildfire mitigation, and communication systems, which are essential for the safety and well-being of Utahns.

Photo: State of Utah

Moreover, it prevents Utah from fully exercising its rights to tax and regulate land use within Utah's borders, putting us at a significant disadvantage compared to other states. This is not just a matter of principle, but a pressing issue that affects the daily lives of countless Utah residents.

And with each new federal land rule or action, public lands in Utah have become less public, making it increasingly difficult to manage and care for them. Absent some intervention, there is little hope for change in sight. These ongoing and proposed federal policies have left the state with little choice but to urgently seek resolution from the highest court in America.

Regardless of one's party affiliation or land use philosophy, Utah residents should want the Supreme Court to weigh in on this critical constitutional question. Clarity from the Court is essential. Only then can the state move forward confident that the best possible stewardship of Utah's lands is being pursued, ensuring they remain a treasure for generations to come.

This nation was founded on principles of federalism and state sovereignty, ensuring states have the authority to govern their own affairs. Yet, Utah is less than equal to many others, with nearly 70% of its territory under federal control, compared to under 3% in states like New York, Pennsylvania, and Ohio.

Perpetual federal control over Utah's unappropriated areas is unsustainable now and into the future. Our petition asks the Supreme Court to address perhaps the most important question of public land policy in a century. And there is no better time than the present for an answer.

This op-ed was originally published by ksl.com on September 10, 2024.

Why Utah is Asking for Clarity From the U.S. Supreme Court