US sues California over law blocking federal land sales

U.S. Attorney General Jeff Sessions on Monday challenged a new California law that would give the state authority to block any transfer of ownership of federal land.

The state law, passed in October, was intended to discourage the sale or lease of federal public lands -- such as property owned by the Department of the Army and Department of the Navy -- to third parties, such as developers.

In his lawsuit, Sessions challenged the law's constitutionality, saying it violates the supremacy clause of the U.S. Constitution.

This was the second time in a month that Sessions has sued the state. On March 6, he challenged the constitutionality of the state's 'sanctuary' jurisdiction laws.

The land transfer case, like the sanctuary case, was filed in the Eastern District of California, in Sacramento, where Sessions presumably hopes to find a more receptive audience than the federal court has been in the Northern District.

The complaint is the latest example of an ongoing battle in the courts between the U.S. government and the state. California Attorney General Xavier Becerra has filed dozens of lawsuits against the federal government.

The state law, SB 50, comes with a $5,000 penalty for any person who files real estate records related to a federal land transfer without getting the transaction certified by the state in advance.

"California was admitted to the Union upon the express condition that it would never interfere with the disposal of federal land," Sessions wrote in a statement. "And yet, once again, the California Legislature has enacted an extreme state law attempting to frustrate federal policy."

Sessions' statement was a reference to the law Congress passed in 1850, admitting California into the Union. The complaint quoted a section of that law which said the state joined the U.S. under the condition that it "shall never interfere with the primary disposal of the public lands within its limits, and shall pass no law and do no act whereby the title of the United States to, and right to dispose of, the same shall be impaired or questioned." U.S. v. Brown et al., 18-AT406 (E.D. Cal., filed April 2, 2018).

McGregor W. Scott, U.S. attorney for the Eastern District, echoed that sentiment.

"Since the founding of the Republic, it has been fundamental to our constitutional system that a state may not discriminate against the United States or those with whom it deals," McGregor wrote. "We will vigorously defend this principle."

Sessions wrote that he was frustrated by the amount of resources being expended on disputes with the state.

"The Justice Department shouldn't have to spend valuable time and resources to file this suit today, but we have a duty to defend the rightful prerogatives of the U.S. military, the Interior Department, and other federal agencies to buy, sell, exchange or donate federal properties in a lawful manner in the national interest," he wrote.

Becerra said in a statement that he was undeterred.

"California didn't become our nation's economic engine and the sixth-largest economy in the world by just sitting back. We blaze trails, we innovate, and we engage in smart stewardship of our precious public lands," he wrote. "Our public lands should not be on the auction block to the highest bidder. We're prepared, as always, to do what it takes to protect our people, our resources and our values."

In the complaint, Scott wrote that SB 50 gives the California State Lands Commission right of first refusal on federal land sales.