Get breaking news alerts via email

Click here to manage your alerts
State of the Debate
George Pyle
George Pyle has been a newspaper writer in Kansas, Utah, Upstate New York, and now Utah again, for more than 30 years - most of it as an editorial writer and columnist. Now on his second tour of duty on The Salt Lake Tribune Editorial Board, he has also done a stretch as a talk radio host, published a book on the ongoing flaws of U.S.agricultural policy and, in 1998, was a finalist for the Pulitzer Prize for Editorial Writing. His most active bookmarks are Andrew Sullivan, Christopher Hitchens and Tina Brown. And he still thinks the Internet can be used for intelligent conversation and uplifting ideas.

» E-mail

» Subscribe (RSS)

(Leah Hogsten | The Salt Lake Tribune) Rep. Ken Ivory, R-West Jordan (right) high-fives Rep. Kevin Stratton, R-Orem (left) after Ivory's resolution to demand the federal government transfer control of oil-, timber -and mineral-rich lands to western states passed at the Utah Republican Party 2014 Nominating Convention at the South Towne Expo Center, Saturday, April 26, 2014.
That sounds awfully familiar: Public land battle in Montana ...

Ownership of U.S. lands belongs just where it is — Jim Elliott | For The Helena (Mont.) Independent-Record

"When you have hunted, hiked, worked and snowmobiled — you name it— on Forest Service land for decades you can begin to feel as if you had an entitlement to that land. Call it the right of possession by proximity and use; but because no one knows that land like we do, or uses it like we do, we feel we should have a say in how it’s managed.

Join the Discussion
Post a Comment

"Some people think Montana should have the ownership, as well, and that’s going too far.

"First of all, when Montana was granted statehood in 1889, we agreed to the terms of the Enabling Act passed by Congress creating Montana, Washington, and the Dakotas:

" ‘That the people inhabiting said proposed States do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries thereof.’...

" ...You may hear it said that the land should be ‘given back’ to the states, but that land never belonged to the states in the first place. ..."

Sound familiar? Hard to place? Here’s a hint:

Truth about public land gets lost in translation — George Pyle | The Salt Lake Tribune

" ... The federal law that brought Utah into the Union, sharing language with similar laws creating other states, says the state has no claim to public lands within its borders, but that state coffers would receive a cut "of the proceeds of the sales of public lands lying within said State, which shall be sold by the United States subsequent to the admission of said State."

"[Ken] Ivory says that ‘shall’ means ‘must,’ and the land should have been sold 100 years ago. Other uses of the same word elsewhere in the law lend credence to that view. But an equally valid translation of that archaic language is that ‘shall’ is merely future tense, and means that, if and when the public lands are sold by the feds, the states will collect their share.

"But even if ‘shall’ does mean ‘must,’ it is a giant leap from there to the argument that because the land hasn’t been sold to farmers and miners and developers means it must now be given to the state. ..."

Copyright 2014 The Salt Lake Tribune. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Top Reader Comments Read All Comments Post a Comment
Click here to read all comments   Click here to post a comment

About Reader Comments

Reader comments on sltrib.com are the opinions of the writer, not The Salt Lake Tribune. We will delete comments containing obscenities, personal attacks and inappropriate or offensive remarks. Flagrant or repeat violators will be banned. If you see an objectionable comment, please alert us by clicking the arrow on the upper right side of the comment and selecting "Flag comment as inappropriate". If you've recently registered with Disqus or aren't seeing your comments immediately, you may need to verify your email address. To do so, visit disqus.com/account.
See more about comments here.

  • Search Obituaries
  • Place an Obituary

  • Search Cars
  • Search Homes
  • Search Jobs
  • Search Marketplace
  • Search Legal Notices

  • Other Services
  • Advertise With Us
  • Subscribe to the Newspaper
  • Access your e-Edition
  • Frequently Asked Questions
  • Contact a newsroom staff member
  • Access the Trib Archives
  • Privacy Policy
  • Missing your paper? Need to place your paper on vacation hold? For this and any other subscription related needs, click here or call 801.204.6100.