Document Type

Article

Publication Date

2005

First Page

327

Volume

76

Source Publication Abbreviation

U. Colo. L. Rev.

Abstract

This article analyzes whether the Property Clause, as originally understood, permitted widespread retention of federal land within state boundaries. The article re-focuses attention on the materials and factors most pertinent to reconstructing the provision's original meaning. The article concludes that generally the Constitution's original meaning was that lands not dedicated to enumerated functions were to be privatized or otherwise devolved on terms that best served the general interest.

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