Mont. House backs state power over fed land bill (claiming fed. lands by eminent domain - ALEC bill)

[highplainsdem]

http://www.businessweek.com/ap/financialnews/D9MAS6TO0.htm

The Associated Press April 1, 2011, 8:22AM ET
Mont. House backs state power over fed land bill
By STEPHEN DOCKERY


HELENA, Mont.

The House backed a measure Thursday to give Montana the power to exercise authority over federal land -- one of a number of Republican-backed bills seeking to override powers the U.S. government holds in the state.

Senate Bill 254 sponsored by Republican Sen. Rowlie Hutton, R-Havre, aims to give the state eminent domain authority over federal land within its borders -- an untested state action that has recently caught favor with members of some conservative legislators.

-snip-

"Can you imagine the economic development that we could possibly have on these federal lands if there are natural resources on there?" McNiven said.

The federal government controls large swaths of forest and park areas in western Montana and other pockets in the state.

-snip-

ALEC, the American Legislative Exchange Council, and its corporate and right-wing legislator members certainly can imagine the exploitation of those federal lands.

This Montana bill appears to be part of an ALEC campaign again. I haven't been able to link the bill's sponsor directly to ALEC, but as I posted earlier

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=439x591230#595472

ALEC is behind similar bills in a number of states. This is part of their "model legislation." And I did find the name of Wendy Warburton, one of the bill's co-sponsors, in an ALEC press release. She and Hutton are from the same district.

I can't get to the exact text of the model legislation (only ALEC members are allowed to see that), but this is the page about that particular ALEC bill:

http://www.alec.org/AM/Template.cfm?Section=ALEC_Model_Legislation

Eminent Domain Authority for Federal Lands Act

This Resolution authorizes the state to exercise eminent domain authority on property possessed by the federal government unless the property was acquired by the federal government with the consent of the Legislature and in accordance with the U.S. Constitution.

This is the Montana bill:

http://data.opi.mt.gov/bills/2011/billhtml/SB0254.htm

SENATE BILL NO. 254

INTRODUCED BY R. HUTTON, VINCENT, MURPHY, ARTHUN, WARBURTON, ANKNEY, WALKER, JACKSON, HARRIS, STAHL, FLYNN, G. BENNETT



A BILL FOR AN ACT ENTITLED: "AN ACT AUTHORIZING THE STATE OF MONTANA TO EXERCISE EMINENT DOMAIN AUTHORITY ON CERTAIN PROPERTY POSSESSED BY THE FEDERAL GOVERNMENT; AMENDING SECTIONS 2-1-102, 70-30-101, AND 70-30-103, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:



Section 1. Section 2-1-102, MCA, is amended to read:

"2-1-102. Sovereignty and jurisdiction of the state. The sovereignty and jurisdiction of this state extend to all places within its boundaries as established by the constitution, excepting such places as are under the exclusive jurisdiction of the United States unless the state exercises eminent domain authority on certain property possessed by the United States pursuant to Title 70, chapter 30."



Section 2. Section 70-30-101, MCA, is amended to read:

"70-30-101. Eminent domain defined. Eminent domain is the right of the state to take private property or certain federal property for public use. This right may be exercised in the manner provided in this chapter."



Section 3. Section 70-30-103, MCA, is amended to read:

"70-30-103. What property may be taken. (1) The property that may be taken under this chapter includes:

(a) all real property belonging to any person;

(b) land that belongs to this state or to any county, city, or town and that is not appropriated to some public use;

(c) property appropriated to a public use, but the property may not be taken unless for a more necessary public use than that to which it has already been appropriated;

(d) franchises for roads, bridges, and ferries and all other franchises; but the franchises may not be taken unless for free highways, free bridges, railroads, or another more necessary public use; or

(e) a right-of-way for any public use mentioned in 70-30-102 and any structures and improvements on the right-of-way. The land held and used in connection with the right-of-way must be subject to being connected with, crossed, or intersected by any other right-of-way improvements or structures on the right-of-way. The improvements or structures must also be subject to a limited use in common with the owner of the improvements or structures when necessary. However, the uses, crossings, intersections, and connections must be made in the manner that is most compatible with the greatest public benefit and least private injury.

(f) property possessed by the federal government, unless the property includes property possessed by the federal government with the consent of the legislature and in accordance with Article I, section 8, clause 17, of the United States constitution. The state of Montana is the condemnor for purposes of the property described in this subsection (1)(f).

(2) All classes of private property not enumerated may be taken for public use when the taking is authorized by law."



NEW SECTION. Section 4. Effective date. is effective on passage and approval.

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The article points out that this bill is a step toward Montana joining with other states in a legal challenge of federal land rights.

They're planning of course to take this legislation all the way to the Supreme Court. All they need is a 5-4 decision and states will be free to claim federal lands and turn them over to the energy and mining and logging industries, and developers.

Think of that happening to Yellowstone. And Glacier National Park.

And all the federal lands in other states that are likely to enact similar legislation.

[highplainsdem]

1. kick

[starroute]

2. I've been meaning to thank you for the work you're doing on ALEC

Your tenacity is incredible, and I think we all owe you a debt of gratitude for keeping track this way.

[highplainsdem]

3. Thanks, Starroute! I hope all the attention ALEC is getting now, especially thanks to Professor

Cronon, will limit its effectiveness and make voters much more aware when their state politicians are little more than puppets for corporate masters. I've noticed that the comments on Cronon's blog have been overwhelmingly critical of ALEC -- people DON'T want an organization like that writing legislation for their states. The more attention ALEC's machinations get, the better.