Agency: Governor's Office

Line Item: Public Lands Litigation

Function

The purpose of the Public Lands Litigation line item is to provide funds for challenging ownership of certain lands by the federal government.

Background

During the 2010 General Session the Legislature passed House Bill 324, "Public Lands Litigation." The bill appropriates money from the General Fund Restricted - Land Exchange Distribution Account to the General Fund Restricted - Constitutional Defense Account for legal services. Appropriations began in FY 2011 and are directed to occur for three years (FY 2011, 2012, and 2013). Provisions of the bill directed the Attorney General to file certain eminent domain and quiet title actions on property possessed by the federal government.

Statutory Authority

UCA 53C-3-203 requires an annual appropriation from the GFR - Land Exchange Distribution Account to the GFR Constitutional Defense Account for three years;

UCA 63C-4-102 outlines the duties of the Constitutional Defense Council;

UCA 63C-4-103 provides legal uses of the GFR - Constitutional Defense Account;

UCA 67-5-29 requires the Attorney General to file certain eminent domain and quiet title actions on property possessed by the federal government.

Funding Detail