What does the Constitution say about federal land ownership? Not much! Making most of it unconstitutional!

  • The Federal government owns 28% of the land in the U.S., however, it only owns 4% of the land in the eastern part of the country and 50% of the land in the West. Why? Because the federal government reneged on its promise to dispose of the federal lands in the West!
  • Federal Ownership of Land: Is it Constitutional? – Tenth Amendment Center
    • The Constitution therefore allows the federal government to possess land in three forms: territories, enclaves and other property. Territories referred to land that was owned by the federal government but had not been formally made into states. Enclaves referred to land within a state that was owned by the federal government for essential purposes such as ‘Forts, Magazines, Arsenals, dock-Yards.’ Other property refers to land holdings for enumerated purposes, and gives the federal government limited discretion to possess land.

  • Federal Land Retention and the Constitution’s Property Clause: The Original Understanding, 76 U. Colo. L. Rev. 327 (2005).
  • Article I, Section 8: Control over the land known as Washington, D.C. is delegated to the federal government. Beyond that other places, “purchased by the consent of the legislature of the state . . .for the erection of forts, magazines, arsenals, dockyards, and other needful buildings.” That’s it for land ownership by the federal government!
  • A gleaming example of the perverted nature of the constitutionally ignorant is this quote from a 2010 New York Times article: “How would states afford hundreds of rangers, officers and administrators to keep the land safe and comply with complicated federal laws on environmental policy and protecting endangered species?”That is priceless!! How would the states handle their own land if they were free from the overreaching, “complicated” regulatory environment imposed on them by THE FEDERAL GOVERNMENT? The feds create the mess, then they argue that they could never hand over the mess to someone else because they will not have the expertise to deal with the federally-created mess! You just can’t make this up!
  • In Nevada, the federal government owns a stunning 81 percent of the land – CNSNEWS.com
  • The feds own 42% of land in Arizona; 62% in Idaho; 67% in Utah.
  • A 2005 University of Colorado Law Review article by Robert G. Natelson of the Independence Institute titled Federal Land Retention and the Constitution’s Property Clause: The Original Understanding.