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Show www.dailyutahchronicle.corn 5 OPINION Wednesday, March 10, 2010 Eminent domain bill would break federal law T he Utah Legislature is attempting to break the federal govBRANDON ernment's land ownership with eminent BEIFUSS domain. Legislators are ignoring their lawyers while putting $3 Sophomore, Economics million of state money on the line. school lands and the tax revRep. Kenneth Sumsion, Renue that could be generated American Fork, is proposing from them. H.B. 324 is not a legally deHouse Bill 324, which would instruct Attorney General fendable piece of legislation. Mark Shurtleff to use eminent The Office of Legislative Redomain or quiet title action to search and General Counsel seize federal land. wrote this note beneath the Eminent domain is debill: "The state has no standscribed by Cornell Law's ing as sovereign to exercise website as "the power of the eminent domain or assert any government to take private other state law that is conproperty and convert it to trary to federal law on land public use." Quiet title is a or property that the federal general lawsuit challenging government holds." Defying the validity of the title held even hired attorneys, Sumby any and all property ownsion is proposing that the bill ers. Despite these commonly move forward with a sizable understood protocols, Sumchunk of funding. sion's bill is attempting to use Despite the budget shortthe state's power against the fall, Sumsion's legislation federal government. would be appropriated $3 H.B. 324 is trying to gain two million during the next parcels of land for road develthree fiscal years. Since the opment. Who owns the land? Legislature's hired attorneys "I don't know for sure," didn't find the case arguable, Sumsion said. H.B. 324 is creating a ConstiA one-eighth mile road out- tutional Defense Council to side of Cedar City is blocked weigh in. You can only guess to through traffic by federal which side it will take—probofficials. The second road is ably the one with three years 15 miles west of Randolph of funding. and approaches the Cache From a Republican LegisNational Forest. Sumsion said lature that claims fiscal rethe National Forest service sponsibility, this is the most requires an Environment Imcounterintuitive bill yet. Alpact Study before it permits though Sumsion said the land anyone to use the second outside of Cedar City could road. The land leads to a be developed to produce $1.5 School Trust property. million of revenue, the state The bill is fighting for the is still down $1.5 million from the original $3 million appropriation. Best-case scenario, the state still loses money. If the Legislature wants to be seen as responsible, it won't use public funds to fight frivolous court battles or fund explorations into nothing. The bill misuses standing law and public money. As a politician, Sumsion is likely to be attracted to what is popular, but it is illogical to ignore his own attorneys. The eminent domain clause will not stand up in court, regardless of how much public money he misappropriates in its defense. Some fights are worth going to court over. Realistically, this isn't one of them. Even though Sumsion is fighting for school funds in a stated "resort of last action," the process won't work. Sumsion should not be asking the state to front $3 million for his legally faulty and unwinnable stance. letters@chronicle.utah.edu H.B. 324 Chief Sponsor: Rep. Kenneth Sumsion, R American Fork - General Description: Directs the attorney general to file eminent domain or quiet title actions on some properties possessed by the federal government, in order to claim them for the state. Source: Utah Legislature, le.utah.edu DNA samples prevent crime Innocent people have nothing to fear from Senate bill I f I can take any solace from this year's actionpacked legislative session, it's that our Senate has learned something from REED years of watching "CSI." NELSON If Senate Bill 277 is passed, all those accused of a violent crime in Utah, Senior, Mass Communication regardless of conviction, will be forced to submit DNA the pill-popping housewife samples, rather than strictly whom we so aptly shove gathering them from convicted under the rug and out of the public eye. This bill directly felons and violators of class A misdemeanors. attacks those linked to violent Keeping with the vibrant Oscrimes, sexual or otherwise. I car spirit, this bill has become do feel sorry for the wrongly the official winner of the newly accused, but this should do instated, "Wow, io Years Ago nothing but prove their inWould Have Been Nice, but nocence. 2010 Works Too" award. If someone has exhibited The bill seems like a noenough tendencies to be conbrainer, right? Wrong. I undersidered a suspect in a violent stand the limits involving the crime, shouldn't society feel Fourth Amendment and the safer as a whole if the indinecessity of grounds for search vidual's DNA is on file? Even and seizure, but in the event if it is a safety valve for future of a violent crime, I am not all crime banks, I don't think that that worried about the feelings is the worst option as a crime of those accused. If they are deterrent out there. innocent, a DNA sample should I've given my fingerprints not be a problem. for a simple disturbing the A police officer once told peace ticket, and I didn't mind. For that mistake, my markme—after I was already pulled over and sweating bullets at 17 ers are forever stored in the years old—that if I had nothdatabases found within our ing to hide, a search shouldn't inner sanctum of law enforcement, all for a simple class C scare me. He was right, but I wasn't exactly innocent at misdemeanor. Will this prethe time, either. Not guilty, vent future outbreaks of loud but I did actively exercise my music and possibly offensive rights encased in that beautiful language? Do I consider my amendment. behavior deplorable? Not reHowever, this bill isn't ally, but I am willing to accept attacking scared teenagers the blemish on my record to driving with something they preserve a level of equality shouldn't be or a seventhin the database of criminal grader shoplifting eye drops activity. from a local Dan's or even Let's face it, those who commit violent crimes usually aren't poster children for the Oxygen Network's "Snapped." Traditionally, they have a history of crime or at least a somewhat violent background. Although being in the wrong place at the wrong time can be a royal pain in the butt for wrongfully accused individuals, if they happen to be there again, it will make for a much shorter search. In a study conducted by the Bureau of Justice Statistics, 56 percent of all felony arrests in the nation's largest 75 counties were repeat offenders. I would take 56 percent odds in Las Vegas any day of the week, because it isn't exactly gambling—it's just playing the odds. So thank you Senate, it's always nice when you try to prevent the often inevitable "next time." letters@ chronicle.utah.edu 5.6. 277 DNA Modifications Chief Sponsor: Sen. J. Stuart Adams General Description: Requires any law enforcement agency that books a person for a violent crime to obtain a DNA specimen if it is not already on file. Source: Utah Legislature, le.utah.gov UTE REP WILLUS BRANHAM/The Daily Utah Chronicle Students won't 'keep it on campus' without incentives W hen I buy food on campus, you can be sure that it's only because I'm desperate and short on time. Even then, I find myself pacing back and forth several times between two shelves hoping that something looks good and has a decent price—the whole time wondering if I can hold out until I get home. A few weeks ago, the department of auxiliary services kicked off a new website for the "Keep it on Campus" campaign that details the kinds of services that are offered at the U. The campaign encourages students and faculty to use the services on campus and generate more revenue for the school during the economic downturn. If the U wants me to keep it on campus, it is going to have to make it worth it. The product has to be better, and the prices have to be lower. As a person living on a student budget, I'd rather walk a mile off campus to get better quality and cheaper prices than stick around the U as it stands now If the U is suffering from the economy, it should recognize that students are too. I'll go anywhere else to make a purchase if I know I can get it for even just a few cents cheaper or if I can get more for less. If the services—especially the food—were much cheaper on campus, I am sure that more students would be willing to buy on campus. If more students were buying things at cheaper prices, that revenue could probably match or exceed the current totals coming in. Norman Chambers, the assistant vice president of auxiliary services, said that there is a goal in a lot of departments to offer competitive pricing. "We are all going to shop around to get the best value that we can," he said. But for the most part, the best value for students doesn't appear to be on campus. If price is one thing deterring stu- HI KARI LO FTUS Junior, Mass Communication dents from "keeping it on campus," quality of goods and services is another. Most of the food I've purchased at the Union was strictly for survival purposes, not because I was looking for something to eat and enjoy. Since Chartwells runs practically all of the food establishments on campus, there is no escape from the same, dry $4 sandwich everywhere you turn. The new website advertises services from printing to less obvious services such as travel reservations and an annual workshop on wreath-making. As I browsed through the services, I didn't see many that I would need or actually use. Several of the items listed were activities that cater toward people with children. As a commuter campus, I understand that we have students of all sorts and that faculty are included. However, if the U would focus in on the areas that are in high demand, it'd see more of the results it's looking for—money being spent on campus. When it comes right down to it, this is an idea I would like to support. I'd rather support the U over Wal-Mart. If the U wants its students to keep it on campus and help get more money circulating within the school, prices need to come down to a reasonable level, quality in all services and goods needs to be competitive and it needs to offer actual options instead of the same product at different locations. Otherwise, the call for a campus economy is unrealistic, hopeful thinking. letters@chronicle.utah.edu Presented by the Daily Utah Chronicle every Friday. WEEKEND SPORTS GUIDE |