44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

REQUESTING THE UNITED STATES GOVERNMENT TO RETURN LAND IN LOS ALAMOS, NEW MEXICO TO THE ORIGINAL NORTHERN NEW MEXICO HOMESTEADERS AND THEIR ASSIGNED HEIRS.

WHEREAS, the United States government established the Manhattan project, which is now the Los Alamos national laboratory and Los Alamos county, during World War II and, in doing so, displaced homesteaders who owned land within the boundaries of the laboratory and Los Alamos county, or whose livelihood depended on such land; and

WHEREAS, the homesteaders made a significant contribution to the effort of the United States to win World War II and to the post-war national defense program by vacating land within the boundary of the Manhattan project at the demand of the United States government; and

WHEREAS, the taking of homestead lands was done under an emergency situation under which the war department, which is now the department of defense, dispensed with established formal procedures and due process in the subsequent taking of the homestead properties; and

WHEREAS, as a consequence of the manner in which the land was taken, the United States government has never fulfilled the promises made to return land to the homesteaders; and

WHEREAS, the government made promises to homesteaders that the land taken would revert back to the homesteaders once the Manhattan project was completed, and in those instances where the original land could not be returned, the government was to offer to the homesteaders like property elsewhere; and

WHEREAS, the refusal by the United States government to transfer back the land to the homesteaders will result in irreparable damage to the northern New Mexico Hispanic community by denying its members participation as full partners in the economic development of northern New Mexico and by causing further disenfranchisement of the Hispanic population in Los Alamos county; and

WHEREAS, the homesteaders and their assigned heirs are mindful of the determination proclaimed by President Truman and congress to affirm that "In so doing, it will be manifest that, although the Congress deems it expedient to grant certain extraordinary powers to the Executive in furtherance of the common defense during critical times, there is no disposition on the part of this Government to depart from the concepts and principles of personal rights and liberties expressed in our constitution."; and

WHEREAS, the homesteaders and their heirs reaffirm their rightful ownership of the homestead properties taken at Los Alamos, New Mexico during the 1940s by the government for its temporary use;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the United States government be requested to transfer Manhattan project land back to the original homesteaders and their heirs, in accordance with prior representations and promises, recognizing that much precedent exists for the government providing this type of remedy; and

BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the New Mexico congressional delegation.