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Utah attorney general urges local support for Supreme Court challenge over federal land holdings
Summary
Utah Attorney General Sean Reyes told the Washington County commission the state has filed a Supreme Court lawsuit seeking to force review of whether the federal government can indefinitely hold large tracts of so-called unappropriated lands; Reyes framed the case as a narrow constitutional question about state sovereignty and invited local support and possible county resolutions.
Utah Attorney General Sean Reyes on Tuesday urged Washington County commissioners to back the state s it pushes a legal challenge over federal land holdings, saying the case asks a narrow constitutional question about whether the federal government may indefinitely hold "unappropriated" lands within state borders.
Reyes, speaking at the county—ommission meeting, said his office recently filed a petition asking the U.S. Supreme Court to exercise its original jurisdiction to review whether the federal government can retain roughly 34% of Utah s surface area (about 18.5 million acres, he said) without an enumerated constitutional power to do so. He emphasized the lawsuit does not target national parks or congressionally designated areas.
Reyes framed the dispute as one of federalism and state sovereignty, arguing that when powers are not enumerated they are reserved to the states under the Tenth Amendment. He illustrated his view with an analogy comparing federal control of land to an HOA that incrementally seizes control of homeowners—ommon and private spaces. Reyes said the state has retained prominent Supreme Court advocates to present the case and clarified the suit asks only whether the federal government can "sit on" those lands in perpetuity.
Commissioners asked clarifying questions about the definition of "unappropriated" lands and the practical limitations on transfer or sale; Reyes said the term excludes congressionally designated areas and national parks, and referred to unappropriated lands as those where the federal government lacks a clear constitutional authority to control use. Commissioners expressed support and some asked the county to consider a formal resolution to back the state—ffort.
Reyes also cited forest-fire management and local search-and-rescue responsibilities as examples of where local control or closer cooperation could improve outcomes. He said the litigation seeks a legal determination that could lead to congressional action depending on the court ecision. The presentation closed with a call for local backing and offers to return with more materials if the commission chooses to consider a resolution.
