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Preserving trust lands may be in hands of citizens
Source: AZCentral.com, by Lesley Wright
March 29, 2008
Conservationists are considering a citizens initiative to preserve Arizona's trust lands, since lawmakers have stalled on a plan to present to voters.

A bill that could have eased the way for the preservation of Arizona trust lands is effectively dead in the Legislature, dashing hopes that voters would see a referendum on the issue in November.

While the bipartisan effort led by Gov. Janet Napolitano is not officially over, conservationists are considering an initiative effort for the Nov. 4 ballot that would achieve the same goals.
 
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"The timing is tight, but I definitely think an initiative is something to look at," said Sandy Bahr of the Sierra Club's Grand Canyon chapter. "That's why the process is there - if the Legislature is recalcitrant or unwilling to act in the public's interest."

Homebuilders and others who hoped to contain the breadth of the state trust land reform measure accused environmentalists of aiming for an citizen's initiative all along.

"I think the governor's effort was probably more of a sham than anything else," said Rep. John Nelson, R-Litchfield, who worked on the legislation. "I think it's dead. I'm very disappointed."

Both sides have accused the other of negotiating in bad faith in an attempt to kill the reform - although for different reasons.

"The homebuilders have once again demonstrated that they don't want anything to happen," Bahr said. "They keep bringing up new issues."

The lawmakers working on the package had resolved some key issues that have hindered past conservation attempts.

In essence, the proposal would allow cities and towns to buy some state trust land at appraised value in order to conserve it. That would save them from competing with developers at auction. It would require a voter-approved change in the Arizona Constitution.

But negotiators reached an impasse over allowing developer impact fees - money communities charge developers for streets, parks, water, sewer and other infrastructure - to be used to buy land for conservation.

The homebuilders and cattlemen's associations, which have long butted heads with conservationists, wanted the package to rule out the use of these fees for land purchases. That was unacceptable to the other side.

"Nothing is every finished until the session is over," said Michael Haener, the governor's deputy chief of staff for legislative affairs. "But this impasse does not appear to be one we're going to be able to get around."

Napolitano had gathered the select group of legislators at the beginning of the session to hammer out a compromise on an issue Arizona has struggled with for years - how to disperse the 9.2 million acres of trust land that the federal government gave Arizona at statehood in 1912.

The Arizona State Land Department has followed the constitution's mandate that the land be sold or leased at auction to the highest bidder to benefit schools and other public agencies.

But cities and towns across the state have said 21st Century concerns make land conservation an equally important goal, one that could even raise the value of nearby land sold for development.

The new proposal would have allowed the Land Department, which some say is under-funded and under-staffed, to use some of the money from land sales.

That was acceptable to the homebuilders and cattlemen, said Bas Aja, director of government relations for the Arizona Cattlemen's Association.

Aja said that conservationists have worked against the compromise.

"It would be very sad if, because of this one little issue relating to fees, that these conservation groups would oppose it," Aja said. "The package out there is one that rural and urban Arizona can support. It can go to the ballot without opposition and can be the first time maybe ever that all those parties come together on a measure dealing with (state land) reform."

Aja said the groups objected to use of the developer fees because it involved new impact fees.

"They call it development impact fees, but really they are homeowner fees," he said.

Heaner disputed that, saying that the package would have left developer impact laws exactly as they are.

"No one was advocating for a new impact fee," Heaner said. "What we have tried to do with this bill is to have a consensus piece of legislation that everyone could sign on to."

For an initiative to make the ballot, advocates would have to collect 153,365 valid petition signatures by July 3.

Time is running out as well for undeveloped land giving way to urban and suburban sprawl, said Carla, a longtime activist who uses just her first name.

"In urban Arizona we don't have many more years to slide," Carla said. "Once the land is gone, it's gone. Whatever route we take, we have to take it soon."

Heaner said that if an initiative included the same elements of the current legislation, the governor would support it.


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