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Thursday, March 18, 2010
N.M. High Court Makes No Ruling in White Peak Dispute
Associated Press
SANTA FE — New Mexico Supreme Court justices have asked for more information before ruling in a dispute over whether the exchange of thousands of acres of state land around White Peak was legal.
The five justices heard oral arguments Wednesday, then gave lawyers for Attorney General Gary King and Land Commissioner Patrick Lyons 30 days to file legal briefs.
Last month, the Supreme Court granted an emergency petition by King to temporarily halt exchanges of state trust lands for private land in northern New Mexico's White Peak area.
King alleges Lyons violated the state Enabling Act in approving the swap of 7,205 acres of trust land for 3,330 acres of ranch land owned by David Stanley.
King's office contends Lyons skirted the public auction requirement of the trade, structuring the deal so only Stanley could acquire the land. The state also questions the land appraisals.
The exchange is one of four the Land Office has proposed that would trade 14,000 acres of state trust land for 9,600 acres owned by White Peak ranches.
King has asked the court to rule on whether Lyons can go through with the trades, which have been opposed by sportsmen's groups who say they're behind-closed-door deals that benefit private landowners rather than the public.
Many hunters contend Lyons is giving away prime elk areas for less desirable tracts.
Lyons has said the trades will create boundaries in what is now a checkerboard of private and trust lands, easing efforts to deal with trespassing, vandalism and poaching.
He also has said the land auction was conducted according to the law.
The justices have asked for legal briefs on whether the Enabling Act allows the land commissioner to exchange land and under what circumstances.
They also want to know if New Mexico voters' rejection of a 1990 constitutional amendment that would have authorized state trust land exchanges has any bearing on the case.
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