Land use

by Greg Walcher, E&E Legal Senior Policy Fellow The Daily Sentinel John B. Finch, a 19th century prohibition activist, originated the expression, “your right to swing your arm ends just where my nose begins.” Justice Oliver Wendell Holmes often used similar analogies to argue that personal freedoms do not extend to injuring the safety or [...]

by Greg Walcher, E&E Legal Senior Policy Fellow The Daily Sentinel A land ownership checkerboard exists in nearly every state because of an oddity called “state school trust lands.” The federal government granted those lands at the time of statehood, under the Land Ordinance of 1785. Thomas Jefferson’s system divides and records land into townships, [...]

by Greg Walcher, E&E Legal Senior Policy Fellow The Daily Sentinel Several years ago, Utah filed a suit insisting that the federal government turn over to the State 12,000 roads that cross federal lands within Utah. Few officials noticed, as disputes over who controls public roads on federal lands are nothing new. But the federal [...]