09:26pm MDT, 10/24/14
Rex Sacco Speaks at Commission Meeting

Carbon County Asserts Jurisdictional Power

06/06/2014

The Carbon County Commission has approved a resolution pertaining to the balance and distribution of jurisdictional power between the county and the government of the United States.

Resolution 2014-3 was passed at the regular commission meeting on Wednesday, June 5th. It gives the Federal Government notice that the county will exercise its rights to enforce laws, and maintain its rights to access and travel. The resolution asserts that planning and zoning authority for all lands within its borders is an exclusive right of Carbon County. It further declares that Carbon County will continue to support efforts to gain local control of public lands, and demands that the Federal Government dispose and convey all right, title and interest thereto to the State of Utah.

The resolution was spearheaded by County Public Lands Director, and Roads, Access and Safety Administrator Rex Sacco, with legal counsel from Deputy County Attorney Christian Bryner. It's intention is to establish primacy and preservation of local law enforcement powers, by citing the United States and Utah Constitutions, the Utah Code, the common law, and Carbon County ordinances and resolutions.

The resolution proclaims that the right of the Carbon County Sheriff to exercise all law enforcement powers upon any lands within the county, federally owned or otherwise, shall be held inviolate. It further states that any attempted law enforcement by an official of a federal land agency is not recognized by the county, and shall be deemed an imminent threat to the health, safety and welfare of the citizens of Carbon County. The resolution advises that any federal official who intends to exercise law enforcement powers shall first declare to the Sheriff his intent to enter Carbon County and the intended action on a case by case basis.

Resolution 2014-3 also affirms the rights of Carbon County and the State of Utah to determine access, or abandonment of roads, ways and routes, and says Carbon County shall continue to enforce its access and travel rights, resist any federal efforts to interfere with or erode those rights, and press all means of litigation to legally redress those rights.

The resolution was quickly and unanimously passed at the commission meeting Wednesday afternoon.

-RS



 
Filed Under :
Topics : Law_Crime
Location : Carbon CountyUtah
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06/06/2014 8:03AM
Carbon County Asserts Jurisdictional Power
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