Bill Draft Request 520

[JStep]

http://www.leg.state.nv.us/Session/77th2013/BDRList/page.cfm?showNew=1

Found on Reddit

520 Assemblyman Bobzien
Prohibits local governments from enacting ordinances restricting events and activities on federal lands. 9/27/2012

[theCryptofishist]

Interesting. In theory. I didn't follow the link, anticipating that it would be in legislative gobblety-gook...

[junglesmacks]

[JStep]

Interesting. In theory. I didn't follow the link, anticipating that it would be in legislative gobblety-gook...

The link just leads you to a list of bills and only includes the sentence I already pasted here.

You missed nothing, Fish!

[theCryptofishist]

Oh great. If I'd kept my mouth shut, no one would ever have known I'm too lazy and intimidated to look at legislative calendars...

[Kinetik V]

NV Assemblyman David Bobzien is behind that bill.

If you like what he's doing consider paying his website a visit and maybe drop him a line saying thanks.

http://www.davidbobzien.com/

[JStep]

Oh great. If I'd kept my mouth shut, no one would ever have known I'm too lazy and intimidated to look at legislative calendars...

It's ok, we love you anyway.

(And I'm too lazy too.)

[JStep]

http://www.rgj.com/article/20121006/EVENTS04/310060057/Proposed-Assembly-measure-focuses-local-government-rules-Burning-Man

A little article about Bobzein's efforts.

“No one questions that local governments should be reimbursed with costs incurred,” said Bobzien, who has attended Burning Man seven times since 2002. “The economic impact (of Burning Man) speaks for itself. There’s a lot of money spent here during Burning Man, and we’d like to keep it that way.”

[JStep]

Thanks, momerator!

[Savannah]

[jkisha]

Good article. Wonder the odds of his legislation passing?

[Box Burner]

Keep in mind that the federal government is not supposed to own land.

[Elliot]

Keep in mind that the federal government is not supposed to own land.

Explain?

I always think of public lands -- federal, state or local -- as belonging to you and me. And we employ someone to manage that land on our behalf -- more efficiently than a committee of 330 Million people could do it.

[theCryptofishist]

If only we could get them to charge larger extraction fees on some of the minerals...

[Box Burner]

Keep in mind that the federal government is not supposed to own land.

Explain?

I always think of public lands -- federal, state or local -- as belonging to you and me. And we employ someone to manage that land on our behalf -- more efficiently than a committee of 330 Million people could do it.

Public lands may be managed by the states

the federal government was not given power to manage or own lands in the Constitution and so should not do so. Each state retains control over it's own lands. Or at least that is how it is supposed to be. There have been several battles in congress over the federal gov creating national parks. Particularly in the western states where most of the big parks have been created.

[theCryptofishist]

This can, of course, be a long argument here. I prefer the feds to own the land; California (for instance), would be selling it off so quick. Was the federal government specifically prohibited from owning land?

[JStep]

This can, of course, be a long argument here. I prefer the feds to own the land; California (for instance), would be selling it off so quick. Was the federal government specifically prohibited from owning land?

The Federal government holds public lands in trust for the US public. The governement owns the land in the same sense that we are the government, therefore we own the land. All of it.

A Pershing County Sherrif, or all of the Pershing County residents together, or all of the state of Nevada cannot control or restrict the land more than the federal government as it is their jurisdiction to hold national lands in trust for the public to assure it is maintained for posterity. They are over-reaching. Pershing County has no more right to control BLM land within it's borders than does Dade County Florida or Douglas County Nebraska. The land belongs to US, not to any states, county or branch of local government.

IMHO.

[Box Burner]

Well I stand corrected. Evidently federal government can own land.

Federal Land Ownership


Constitutional Basis for Federal Land Ownership:
The Property Clause

The U.S. Constitution addresses the relationship of the federal government to
lands. The Property Clause, Article IV, § 3, Clause 2, gives Congress authority over
the lands, territories, or other property of the United States. It reads:
The Congress shall have Power to dispose of and make all needful Rules and
Regulations respecting the Territory or other Property belonging to the United
States.
This provision provides broad authority for Congress to govern the lands
acquired by the federal government as it sees fit, and to exercise exclusive authority
to decide on whether or not to dispose of those lands. The U.S. Supreme Court has
described this power as “without limitation,” stating that:

while Congress can acquire exclusive or partial jurisdiction over lands within a
State by the State’s consent or cession, the presence or absence of such
jurisdiction has nothing to do with Congress’ powers under the Property Clause.
Absent consent or cession a State undoubtedly retains jurisdiction over federal
lands within its territory, but Congress equally surely retains the power to enact
legislation respecting those lands pursuant to the Property Clause.... And when
Congress so acts, the federal legislation necessarily overrides conflicting state
laws under the Supremacy Clause.

One authoritative commentary noted that:
No appropriation of public lands may be made for any purpose except by
authority of Congress.... Congress may limit the disposition of the public domain
to a manner consistent with its views of public policy.... It [the Property Clause]
empowers Congress to act as both proprietor and legislature over the public
domain; Congress has complete power to make those “needful rules” which in
its discretion it determines are necessary. When Congress acts with respect to
those lands covered by the [Property] clause, its legislation overrides conflicting
state laws. Absent action by Congress, however, states may in some instances
exercise some jurisdiction over activities on federal lands.5

Thus, it is accepted law that the federal government may own and hold property as
Congress directs.6 Issues such as whether some or all of the remaining federal lands
should be retained or divested, how to dispose of lands, or whether to acquire
additional federal lands, appear to be policy questions for Congress.