HOUSE MEMORIAL 45

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

Thomas A. Garcia

A MEMORIAL

OPPOSING THE STATE LAND OFFICE EXCHANGE OF STATE TRUST LAND FOR PRIVATE RANCH PROPERTY IN THE WHITE PEAK AREA OF NORTHEAST NEW MEXICO AND SUPPORTING THE ATTORNEY GENERAL'S EFFORTS TO DELAY THE EXCHANGE UNTIL FURTHER ANALYSIS IS DONE.

     WHEREAS, according to the New Mexico wildlife federation, the state land office leases more than forty thousand acres of state trust land specifically for licensed hunters; and

     WHEREAS, state trust lands consist of lands granted by the United States congress to the territory of New Mexico more than a century ago and, as such, are lands owned by the government and ultimately by the people of that government; and

     WHEREAS, the commissioner of public lands has proposed the exchange of more than fourteen thousand acres in trust land primarily in the White Peak area of northeast New Mexico for nine thousand six hundred fifty-six acres from four private ranches; and

     WHEREAS, it is estimated that the proposed land exchanges would result in a net loss to the state of more than four thousand acres of land, much of it pristine mountain, alpine meadow, lake and riparian territory, and this land has some of the finest public hunting and sporting grounds in the state; and

     WHEREAS, areas such as these are considered by many to have intrinsic value that cannot be calculated in real estate market dollars and should never be traded or sold, but rather maintained in perpetuity; and

     WHEREAS, although the commissioner of public lands has stated that the exchange will help regularize the checkerboard of public and private land in the area, the New Mexico wildlife federation and others assert that no adequate analysis has been completed to demonstrate how the trade will affect annual income to the beneficiaries of the trust; and

     WHEREAS, the first of four controversial land exchanges has already occurred; and

     WHEREAS, the commissioner of public lands has stated his intention to proceed with land exchanges, including a trade involving the Express UU-Bar ranch, in which approximately eighty percent of the land the state will receive reportedly is virtually treeless land next to a highway; and

     WHEREAS, Governor Bill Richardson issued a press release on November 20, 2009 expressing concern regarding the proposed exchange and particular concern regarding the seemingly closed process by which the exchange was arranged; and

     WHEREAS, in a December 23, 2009 letter to the commissioner of public lands, the New Mexico chief deputy attorney general said that there were significant defects in the appraisals determining the value of the public and private lands and asked for the exchanges to be delayed; and

     WHEREAS, the commissioner of public lands has raised concern regarding trespass violations in the White Peak area; however, law enforcement reports by the department of game and fish show that very few violations occurred; and

     WHEREAS, critics of the land exchange assert that the trades benefit private landowners and potentially harm the public schools and other beneficiaries of the state land trusts;

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the state land office exchange of state trust land for private ranch property in the White Peak area of northeast New Mexico be opposed; and

     BE IT FURTHER RESOLVED that the attorney general's efforts to delay the exchange until further analysis is done be supported; and

     BE IT FURTHER RESOLVED that the commissioner of public lands be called upon not to conclude the trade proposal with the Express UU-Bar ranch; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the governor, the attorney general and the commissioner of public lands.

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