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Old 04-25-2014, 04:41 PM
moklianne moklianne is offline
Sarnak


Join Date: Dec 2010
Posts: 417
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Quote:
Originally Posted by Bamz4l [You must be logged in to view images. Log in or Register.]
Actually the highest court is the law of the land.

This looks a summary from someone else, this verbiage is not in that document. What I read is that there has been a constant battle back and fourth between the feds and the state.

This was one of the battles that was interesting:
"In 1978, the State of Nevada began its court challenge of the constitutionality of the federal land retention policy in § 102(a) of FLPMA. Nevada argued that the
federal government could only lawfully hold public lands in a temporary trust pending eventual disposal, and that retention of the lands violated the equal footing doctrine. The federal District Court for the District of Nevada dismissed the case for failure to identify a claim upon which relief could be granted. 49 The court found that any limitations on holding lands ceded by the original states did not apply to western lands acquired after the Constitution went into effect, and that the equal footing doctrine did not mean that the newer western states were entitled to the public lands."
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