REFERENCE TITLE: public lands; ownership; control; litigation

State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018

HB 2210

Introduced by Representatives Finchem: Allen J, Barton, Bowers, Boyer, Clodfelter, Cobb, Cook, Farnsworth E, Grantham, John, Kern, Lawrence, Leach, Livingston, Mitchell, Norgaard, Nutt, Payne, Rivero, Shooter, Stringer, Thorpe, Toma, Townsend, Weninger, Senators Allen S, Borrelli, Burges, Farnsworth D, Griffin, Kavanagh, Petersen, Smith

 

AN ACT

 

directing the attorney general to commence an action to attempt to gain ownership or control of the public lands within this state.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Public lands; ownership and control; attorney general; analysis; litigation; delayed repeal

A.  On or before September 17, 2018, the attorney general shall analyze at least the following legal theories that this state may pursue to attempt to gain ownership or control of the public lands within this state:

1.  The equal sovereignty principle, which recognizes that for a federal republic such as the United States to function, each member of the republic must be equal in sovereign power.

2.  The equal footing doctrine, which recognizes that each state must be admitted to the United States on an equal footing with the original thirteen states.

3.  The compact theory, which recognizes that a compact was formed between this state and the federal government under which this state agreed to allow the federal government to retain land within its borders and the federal government agreed to promptly and completely dispose of that land by sale or grant.

4.  The property clause, which recognizes that the framers of the United States Constitution intended to grant the power to regulate federal lands only in the context of disposal, not to permanently retain the majority of the land within a state.

B.  On or before October 1, 2018, the attorney general shall submit a report of the attorney general's analysis pursuant to subsection A of this section to the president of the senate and the speaker of the house of representatives.

C.  On or after November 1, 2018, and after consulting with the president of the senate and the speaker of the house of representatives, the attorney general may commence an action to attempt to gain ownership or control of the public lands within this state.

D.  This section is repealed from and after September 30, 2026.