How do I Condemn Federal Property or Land?

A law gives the State of Utah the authority to condemn federal land.

Eminent domain has been exercised by the federal government and by state government to take private land. But now the Utah State Legislature passed a law give the State of Utah the authority to condemn federal land. The state can now attempt to condemn federal land, but its success is not guaranteed. While the steps to achieving this are the same as in other eminent domain cases, the final step will be before a federal court.

Things You'll Need

• law books

Instructions

1. 

   Research eminent domain law.

   Prepare an argument that is not only strong enough for a hearing in the State of Utah but persuasive enough for the federal courts because they will ultimately decide this case. You and several other attorneys with a background in eminent domain and constitutional law will prepare an argument that makes two points: 1) that the state has the right to acquire the particular property by eminent domain, and 2) that the state actually has the authority to take federal land.

   Prepare the argument. The brief that will be submitted in Utah may be a shorter one, and you may prevail here. But you must prove your case. You argument must demonstrate that the use for the property will be public use, that the taking is necessary, that construction and use of the property will begin within a reasonable time and that the state use is more necessary than the federal use.

2. 

   Conduct negotiations with the federal government.

   Negotiate with the federal government. Contact the U.S. Department of the Interior Bureau of Land Management, conduct reasonable negotiations, give an appraisal of the value of the property, and make an offer within 14 days of a hearing on the matter in state court. You must inform the federal government of its right to mediation and arbitration, give the officials contact information for the property rights ombudsman and provide a written declaration that oral statements or offers made during negotiation do not have a legally binding effect on the State of Utah.

3. 

   Convince the state appeals court that the state has a right to the land.

   Present your arguments in a public hearing before the Utah Legislature. After a decision is reached by the Utah Legislature, both the state and the federal government have the right to appeal to a state appeals court.

4. 

   Argue your case before the United States Supreme Court and make new law.

   If you win in state court, the federal government will appeal the matter to a federal court. Submit a brief in support of your taking action. On the day of your hearing you will make an oral argument supporting the decision of the State of Utah to condemn federal land. The federal government attorneys will argue that no state has the authority to condemn federal land. You may be fortunate enough to argue your case before the United States Supreme Court. Months after oral argument, the court will deliver a decision.

Tips & Warnings

• Study every relevant federal eminent domain case.

• You will probably not prevail in federal court. But many attorneys will admire your courage in litigating this matter.

References

• Utah State Legislature HB 143 Eminent Domain Authority
• Utah League of Cities and Towns Convention Eminent Domain: What Cities and Towns Need to Know, and Do, to Get it Right