CHEYENNE—Dalton Banks stood on the House floor Monday and argued his proposal isn’t a taking of private property owners’ rights and liberties, as some of his legislative colleagues claimed.
At issue was House Bill 118, “Limitations on net land gains for the federal government,” legislation that would prohibit land deals in Wyoming that result in a net-gain of acreage for the federal government. An amendment brought Monday to the House floor would have exempted private landowners from the new regulation, preserving their rights to sell their property to whomever they see fit.
Banks, a Republican and Big Horn County rancher, didn’t like the change — nor how his bill was being characterized.
“We’re not limiting who you can sell to,” Banks told his fellow lawmakers. “We are limiting the federal government … we’re limiting their right to purchase. That’s what we’re doing under [this bill].”
Under the U.S. Constitution’s Supremacy Clause, federal law supersedes state laws.
The federal government regularly acquires land within Wyoming’s borders. House Bill 118 was catalyzed in part by Wyoming’s controversial, yet celebrated sale of the Kelly Parcel, a $100 million deal that resulted in 640 more acres being tacked onto Grand Teton National Park — a 0.2% expansion of that federally owned and administered tourist destination.
The bringer of the amendment, Rep. Karlee Provenza, a Laramie Democrat, argued that without the change House Bill 118 could threaten to devalue private property.
“You’re infringing on individual rights to do what they want with their land,” Provenza said. “Especially … when that land is surrounded by or next to other public land parcels.”
Their land, their rights?
Speaking in support of the amendment, Rep. Steve Harshman, a Casper Republican, got away from hypotheticals and alluded to a Natrona County ranchers’ sale of 35,670 acres to a conservation buyer. The land, in turn, was conveyed to the Bureau of Land Management, creating better public access to 8.8 miles of the North Platte River — and a world-class trout fishery.
“Those people that sold that land, it was their land — it was their right,” Harshman said.
A bill confined to restricting the sale of state lands to the federal government is “fine,” the former House speaker said. “But boy,” Harshman said, “infringing on private property rights, that gives me pause.”
Rep. Andrew Byron, a real estate agent, saw it similarly. The issue, the Teton/Lincoln County Republican said, “goes right to the core.”
“We’re expanding the greenbook to tell our neighbors and our friends and our constituents what they can and cannot do with [their] land,” Byron said.
“We’re expanding the greenbook to tell our neighbors and our friends and our constituents what they can and cannot do with [their] land.”
Andrew Byron,
Members of the House who are in or aligned with the Wyoming Freedom Caucus disagreed. Rep. Ken Pendergraft, R-Sheridan, argued that it’s appropriate, at times, to restrict private property rights, such as when landowners’ seek to sell their land to an “enemy” of the United States.
Adopting limits
“In my view, [they] should be curtailed at certain points,” Pendergraft said. “I don’t have a right as a private landlord to do everything that I want to do on my private land.”
Provenza’s amendment failed, 25-34. The faction of the GOP that typically votes with the newly empowered Freedom Caucus carried the vote to retain the legislation’s restrictions for private property.
House Bill 118 requires one more reading in the Wyoming House of Representatives. If it survives that hurdle, the legislation will head to the Wyoming Senate for consideration.
Next they will pass a bill that you can’t sell your land to a “green Company”. These people only care about private property when it fits neatly into their narrative. It amaze me that people that vote for these idiots.
First, I can’t sell to the Chinese. Next, I can’t sell to the US government. What’s next, I won’t be able to sell to anyone of color? This sounds so anti-American and dictatorial.
It won’t stand in court of law.
I believe a better solution would be to enact legislation that would require the State to complete the purchase any potential sale of private land to the Federal Government with a matching bid, plus $1, with the caveat that it remain in State hands in perpetuity. Then the State gets to “control” it, forever.
Very interesting idea Wayne.
This is a similar stand some republicans have taken on womens healthcare where they decide what they can or cannot do with there own bodies, now its the same mentality on a persons private property. As with healthcare it is not there business what people do with there own health situation or private lands period !!
I think that we need to find out how much money the Freedom Caucus legislators are currently receiving from the Federal Government. Not just from farm subsidies either. I’m betting that everyone of them cashed their “Covid” checks.
Actually mind boggling that a Wyoming Democrat, Karlee Provenza, is the one fighting for the rights of others while the so poorly named Freedom Caucus attempts to take away these same rights. The Freedomless Thugs may or may not win this one but it’s quite telling about who’s in it for the people versus those that want to stifle others rights. You could only trust those Freedom Caucus (such a poor, vile name for this outfit) as far as you could throw’em
A Democrat fighting for peoples rights is not surprising at all.
Maybe Senator Tim French, one of those ‘freedom’ caucus members, will surrender back to the United States the 1,000’s of dollars of federal subsidies that he’s been paid from the “evil government”. It’s quite ironic that some bolo tie wearing hayseed that supposedly loves freedom would side with a faction that wants to take rights away from private landowners. I suspect most of these freedom caucus members aren’t really the rugged individualists that they’d like the voters to think they are. How about it, Tim, why don’t you trade all of those subsidy dollars you’ve pocketed for taking away the rights of others. Freedom Caucus…meh!
Selling to the federal government is a smart choice to protect lands and protect wildlife from those who would rather exploit it . What a bunch of dictators.
First the Less Freedom Caucus wants to tell you who you can sell your private property, then they will want to tell you who you have to let lease it. I’d venture to guess that the Tarver family isn’t the only one in the Less Freedom Caucus that is making millions of the federal government they rail against. When these anticonservative, government overreach, regulatory takings policies limit your use of the land you worked hard to purchase, don’t forget, you elected them.
Wow, didn’t take long for these nut jobs to backstab the citizens. There’s nothing “freedom” about this cabal. I’d like to know, who amongst these charlatans named themselves the “Freedom Caucus” ???
Taking away choices must be those “godly principles” that these clowns have been screeching about.
“We’re not limiting who you can sell to,” Banks told his fellow lawmakers. “We are limiting the federal government … we’re limiting their right to purchase. That’s what we’re doing under [this bill].” Ok, so you can sell to anyone, except the federal government, is that right? Well, maybe I’m dense, but that sure sounds like limiting my rights to sell. In reality, what you’re saying Mr. Banks, is that if the Federal government and I enter into an exchange, that’s OK, but we can’t do an outright sale. Hog wash……
This quote was taken from Cowboy State Daily News: “We could have a real debate about adversarial, and I think the federal government could definitely be linked in there,” said Rep. Reuben Tarver, R-Gillette. Ok, so Tarver links the Federal government with other foreign bad actors. Well, if that’s the case, he and his family members from 1995 thru 2023 have taken $3,569,250 thru various USDA payments from an adversarial entity . (information provided by EWG Farm Subsidy database). And I didn’t even look up any PPP loans.
We are not 3rd, 4th or 5th generation ranchers…..the land we own was purchased with money we worked hard for, and improved on with sweat equity. You have no right to place limits on who we can or can not sell to.
I am having a hard time trying to wrap my head around what these people are trying to accomplish. Who gains from this foolishness? There has to be a hidden agenda here somewhere. The sale of the Kelly parcel; really does it not make more sense to have $100 million dollars to invest rather than the ~$2,800 in annual permits and leases? And the Marton Ranch sale……seriously how could anyone with an ounce of brains not see that the public benefited from this sale, including the County with the increase in PLIT they receive verses agriculture levy. ( $2.67 per acre versus $.31 on average) and let’s talk about the gain in recreational revenue brought into the state, county, local businesses by this sale. So…you can see why I’m so puzzled about why these people are hell bent on election to shoot ourselves in the foot.
Aa these FC’s take your rights away and trample the State and Federal Constitutions. I suggest it is past the time to get rid of them. They are not conservatives. They are dictatorial. Wyoming was a conservative state that used live and let live as a directional course for liberty and freedom. These dictators are destroying our true conservative systems and they need to be stopped now. Right now.
They are actually nothing but a mirror of our federal government nowadays. So much for “conservative values”.
Who conceived this lunacy? Public lands are open to the public for recreation of many types. Opening the Marton Ranch to public use was genius. Why are these legislators opposed to public lands? This is likely an unconstitutional land grab. Rex Arney is right.
The problem with the so called “Freedom Caucus“ is they want freedom for everyone who thinks like they do, therefore to live their lives according to their shared beliefs. They will willingly take away freedom from all others. Its not “Freedom” if you are trying to take away the rights of others who do not think like you.
Wyofile, why are using the inflammatory terminology “Far-Right”? This designation is a biased, insulting and inflammatory terminology used by a biased media to label and wrongly brand a certain social or political point of view that illustrates the bias, and thus, the unreliability of WYOFILE as a trusted source of news. I respectfully request that you no longer use such terminology or labeling.
Get a grip sir. You support idiotic clowns.
I agree. Wyofile should stop using “far-right” and more accurately use “fascists.” A welcome change.
This bill infringes on personal property rights. Again this is another example as to why the Freedom Caucus should be called the “non-Freedom Caucus”.
For those who thought these Freedom Cause legislators were conservatives were sadly mistaken as they have no hesitation when it comes to infringing on people’s property rights. True conservatives would never support trampling on a person’s rights as the supporters of this terrible bill are doing. Hopefully, a somewhat more sane Senate will give this bill a well-deserved burial.
Would you look at that the Freedom Caucus chipping away at our freedoms?
These individuals are a bunch of lunatics who care nothing more than to insert themselves into our citizens and tell us how to live.
They are ruining the reason people move to wyoming which is to be free.
WyoFile, allowing the term “lunatics” is not in keeping with your guidelines of civil discussion.
Steve…..You may not like these folks opinion but they are accurate and true !! And “Far Right” is dead on as you people are so far from reality it stinks !!
“Right-wing lunatics” is about the most civil thing one can say about people who have set out to destroy Wyoming with regressive fiscal policies and republican xenophobia. I realize constant childish whining is a trumpian tactic derived from your dear leader but it’s getting tired, Steven.
Some people move here to be free; others move here to run for office and take over the State, knowing that the free dumb voters of Wyoming will believe any misinformation and follow like sheep.
The politician said that State Government isn’t limiting who you can sell to; instead State Government is limiting who can buy from you. It only took 3 weeks in office to learn the political doublespeak.
What we have here is a welfare cowboy trying to make sure that the public doesn’t get anything. This guy is probably subsidized, by the public, up to his ears.