| Public Lands - Weekly News
from the Secretary #132 Why does the central government have 650 million
acres for needful buildings when there are no buildings on most of it?
(Note: You're going to love this one!)
November 10, 2005
By Paul G. Riley Paul.Riley@state.sd.us South Dakota Department of Agriculture 523 East Capitol Avenue Pierre, South Dakota 57501 605-773-6503 http://www.state.sd.us/doa/secretary/
Some people assume every West River [South Dakota] rancher is in favor of cheap grazing on federal lands. They are wrong. I, for one, support our Constitution. Many people are deeply impressed by the concept of 'public lands.' For some it is an awesome thing to view several million acres and say, "Wow. I am a part owner of all that." It works especially well on folks accustomed to real estate [that is] measured in city blocks. I have heard of such an effect on a writer who moved to Colorado. I am reminded of it each time people argue about "our lands," "the people's land" or "public lands." The United States federal government is the biggest landlord in the nation with about 28 percent of the land. That government had no land at all until two states donated ten square miles of land for a new federal city. Virginia later got part of that back. The rest of us aren't that fortunate. The United States Constitution gives to Congress the power: To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings. The first thing to notice is that federal legislative jurisdiction applies only to lands that Congress buys from a willing seller state. The second obvious limit is that the land purchased from the state must be needed for forts, magazines, arsenals, dock-yards and other buildings. Why does the central government have 650 million acres for needful buildings when there are no buildings on most of it? Shouldn't the remnants (areas never deeded to anyone) of the Louisiana Purchase belong collectively to the sovereign states instead of the federal government? How can Congress have jurisdiction over lands never purchased from any willing seller state as Section 8 prescribes? You may think these questions are out in left field, but some of the best legal minds available did a study of them for President Eisenhower. They even surveyed the attorneys general for the states about it. They came up with no definitive answer. So, when a guy from New Jersey comes out here and demands that all the cows be removed from "his federal lands," remember that not everyone agrees with his premise. People misread the Woody Guthrie song. The side of the 'No Trespassing' sign we see is blank -- because we are standing on our own land. This land was made for you and me, as private property owners. |