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U.S. federal govt and California in a legal tug of war over law trying to curb federal land sales

Team SoOLEGAL 3 Apr 2018 7:48pm

U.S. federal govt and California in a legal tug of war over law trying to curb federal land sales

Washington/San Francisco -In something which may be akin to Centre suing a State in India, the U.S. Justice Department has sued California over a state law that aims to stop the Federal govt from selling or transferring federal lands to private corporations.

The lawsuit has been filed in federal court on Monday in Sacramento, the state capital. Incidentally  less than a month ago  the U.S. Justice Department had been involved in a legal fracas over laws in California which protect illegal immigrants from deportation.

The latest legal fight is over California’s Senate Bill 50, which was signed into law in October and gives the state of California right of first refusal over many federal land conveyances.

If the California State Lands Commission waives its right of first refusal, it issues a compliance certificate. Without this document, the land transfer cannot be legally recorded in a county property office.

The Federal Justice Department in its lawsuit argues that Senate Bill 50 is preempted by federal law.

“California has once again passed an extreme statute found in no other state to obstruct the federal government, this time by interfering with the conveyance of federal land,” the Justice Department’s acting No. 3 official, Jesse Panuccio, told reporters.

Reacting to this California's Attorney General Xavier Becerra said  that his office is prepared to protect the state’s resources.“Our public lands should not be on the auction block to the highest bidder,” he said.

Last month California's Governor Jerry Brown had accused the Trump administration to have declared war on the most populous U.S. state after the Justice Department sued over the California immigration laws. The case is due for hearing in June.



Tagged: U.S. Federal govt   California   Land Coveyance  
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