Legislature(2011 - 2012)

2012-04-12 Senate Journal

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2012-04-12                     Senate Journal                      Page 2195
HJR 40                                                                                                                        
CS FOR HOUSE JOINT RESOLUTION NO. 40(JUD) BY THE                                                                                
HOUSE JUDICIARY COMMITTEE,                                                                                                      
     Commending the governor and the administration for                                                                         
     aggressively working to protect the interests of the state in                                                              
     rights-of-way under R.S. 2477; urging the governor and the                                                                 
     attorney general to develop a working alliance with the                                                                    
     governors, attorneys general, and legislatures in other                                                                    
     western states to protect and enforce the states' interests in                                                             
     ensuring access using rights-of-way authorized by R.S.                                                                     
     2477; urging the governor and the attorney general to                                                                      
     support the interests of the State of Utah and southern                                                                    
     counties of Utah in R.S. 2477 rights-of-way by actively                                                                    
     seeking confirmation of R.S. 2477 rights-of-way through                                                                    
     various means, including initiating litigation in this state;                                                              
     urging the governor and the attorney general to develop a                                                                  
     strategy for resolving the dispute over the right to                                                                       
     continued access using R.S. 2477 rights-of-way in the state,                                                               
     including the possibility of bringing lawsuits against the                                                                 
     federal government to preserve the state's interest in rights-                                                             
     of-way; urging the governor to further strengthen the                                                                      
     resources of the state for protecting the state's rights by                                                                
     continuing to focus the efforts of the Department of Law,                                                                  
     the Department of Natural Resources, the Department of                                                                     
     Fish and Game, and other departments on defending the                                                                      
     state's rights and powers with regard to access and                                                                        
     federalism issues; and urging the United States Congress to                                                                
     enact legislation requiring federal agencies with land                                                                     
     management authority to establish a process to recognize                                                                   
     valid R.S. 2477 rights-of-way claims expeditiously after a                                                                 
     notice of intent to claim an R.S. 2477 right-of-way has been                                                               
     filed without the need to dispute those claims in court and                                                                
     to participate in good faith in the process.                                                                               
was read the first time and referred to the Resources and Judiciary