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Federal government right to own land

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Stephen1

Member
What is the name of your state (only U.S. law)? WA

I have been following news relating to the defendants who were involved in the Malheur National Wildlife Refuge occupation in Eastern Oregon. Some of the defendants want to claim that the feds lack jurisdiction because the feds can't own the refuge and that prior court cases that decided that the feds can own such land were decided incorrectly. I'm thinking that for the defendants to prevail with their claim that previous cases were decided incorrectly that the case would have to go all the way to the Supreme Court.

What do others on this site think? Is there some way that the defendants could have their position be the controlling interpretation without getting the Supreme Court involved?
 


FlyingRon

Senior Member
They're smoking something. The Constitution specifically allows the US Government to own property. Article 4, section 3/
 

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