The Transfer of Public Lands Movement: Taking the 'Public' Out of Public Lands

Stegner Center White Paper No. 2015-01

S.J. Quinney College of Law Research Paper No.99

15 Pages Posted: 17 Feb 2016  

Robert B. Keiter

University of Utah - S.J. Quinney College of Law

John Ruple

University of Utah, S.J. Quinney College of Law

Date Written: January 28, 2015

Abstract

This white paper is a follow-up to our 2014 legal critique of Utah's Transfer of Public Lands Act (TPLA), which demands title to 31.2 million acres of federal public lands in Utah. In our earlier work we concluded that Utah previously disclaimed all legal rights to title to additional lands, and that "[t]he federal government has absolute control over federal public lands, including the constitutional authority to retain lands in federal ownership." Despite its weak legal case, Utah remains dedicated to a public land takeover, and other Western states are poised to follow. This white paper therefore addresses how a public lands takeover would impact land management and access. While we focus on the TPLA, the lessons learned have broader applicability, first because the TPLA serves as the model for other state's Transfer efforts, and second because the TPLA will likely be the first such effort to face a legal challenge.

Suggested Citation

Keiter, Robert B. and Ruple, John, The Transfer of Public Lands Movement: Taking the 'Public' Out of Public Lands (January 28, 2015). Stegner Center White Paper No. 2015-01; S.J. Quinney College of Law Research Paper No.99. Available at SSRN: https://ssrn.com/abstract=2555922

Robert B. Keiter

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States

John C. Ruple (Contact Author)

University of Utah, S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States
801-581-6545 (Phone)

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