Brigham Daniels and Andrew P. Follett: The state got this one right, putting Utahns’ interests first instead of caving to developers who have bullied to get their way.
Utah Lake, seen from Saratoga Springs on Tuesday, March 1, 2022.On October 27, a relatively unknown bureaucratic office of the state of Utah called the Division of Forestry, Fire, and State Landsa long-debated proposal to build islands in Utah Lake for real estate development.
The would-be island developers brushed aside the state’s decision saying it was based on “technical concerns,” but that is wrong. As the state made crystal clear Not only is the public trust doctrine baked into the Utah Constitution, it’s a part of federal common law and a shared obligation of all states. A long line of decisions by the Utah Supreme Court, the United States Supreme Court and various other state and federal courts have consistently found that the public trust doctrine voids all attempts to transfer these lands to developers or private parties, except in very narrow instances, such as the construction of docks or piers.
Perhaps even more surprising, the state didn’t just say no to the project, it did so clearly and unequivocally, calling the proposal a “gross interference and/or infringement” of the Constitution. Even if the Legislature insisted on the transfer, in fact, the state made clear that the Constitution has demarcated a clear boundary precluding the project.
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