I would like to correct an erroneous statement made by Pam Cap in last week’s letters to the editor (“Concerning”). With respect to local police authority to enforce laws on state trust land, specifically to remove a camping trespasser on state land near our middle school, Cap wrote, “Fountain Hills has zero authority to set foot on that land. Any and all actions must be taken by the state. My understanding is that Fountain Hills can petition the state to do something.” That is wrong.
In response to constituent concerns that our police cannot unilaterally enforce laws on state trust land but instead must go through a bureaucratic process with the State Land Department, as your state senator, I contacted State Land Commissioner Robyn Sahid. She told me that local police can enforce laws, including anti-camping laws, on state trust land without state permission.
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Local authority
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John Kavanagh, State Senator
I would like to correct an erroneous statement made by Pam Cap in last week’s letters to the editor (“Concerning”). With respect to local police authority to enforce laws on state trust land, specifically to remove a camping trespasser on state land near our middle school, Cap wrote, “Fountain Hills has zero authority to set foot on that land. Any and all actions must be taken by the state. My understanding is that Fountain Hills can petition the state to do something.” That is wrong.
In response to constituent concerns that our police cannot unilaterally enforce laws on state trust land but instead must go through a bureaucratic process with the State Land Department, as your state senator, I contacted State Land Commissioner Robyn Sahid. She told me that local police can enforce laws, including anti-camping laws, on state trust land without state permission.
Commissioner Sahid referenced an opinion by former Arizona Attorney General Janet Napolitano that concluded, “State, county and local law enforcement agencies have the authority and obligation (emphasis mine) to enforce criminal laws on State Trust Land.” The opinion reasoned that by not creating an enforcement division within the State Land Department, it would be unreasonable to conclude that the legislature wanted such land to be a law-enforcement-free zone.
Pam Cap should be thankful that she did not visit the man as a volunteer citizen-social worker, as she suggested would be appropriate before calling the police. As it turns out, the man was recently arrested on an outstanding warrant. Imagine that – a person breaking the law on state trust land also broke another law and is a fugitive from justice. So, the fear property owners had for their homes and parents for their children that Pam Cap mocked were real fears.
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