Legislature(2011 - 2012)
2012-04-12 Senate Journal
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Full Journal pdf2012-04-12 Senate Journal Page 2195 First Reading and Reference of House Resolutions 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 Committees.