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Md. Might Tighten Rules for Buying Land (complete article from source)
Source: The Washington Post, by John Wagner
August 22, 2007
Environmental Benefits Would Get Added Emphasis
The administration of Gov. Martin O'Malley will propose several steps today designed to make tens of millions of dollars a year in state land conservation purchases more systematic and more transparent.
The move comes at a time when Comptroller Peter Franchot (D) and others have criticized the price and the process that led to some recent multimillion-dollar acquisitions under the state's four-decade-old Program Open Space.
Natural Resources Secretary John R. Griffin is scheduled to present the new guidelines, which call for ranking proposed acquisitions by their environmental benefits, to the Board of Public Works this morning. Both O'Malley (D) and Franchot sit on the three-member board, which approves land purchases and state contracts, along with Treasurer Nancy K. Kopp (D).
"We have developed a much more rigorous and quantitative approach based on a variety of ecological criteria," said Eric Schwaab, deputy secretary of natural resources.
A draft "ranking protocol" obtained by The Washington Post awards points based on several other factors as well, including a property's potential recreation and historic value and its consistency with local land-use planning.
Schwaab said the department also wants to take a more active role in identifying land for conservation. Critics say the program relies too heavily on landowners coming forward to sell property, which can raise questions about political favoritism and sweetheart deals.
"There has been some advantage to having willing sellers come forward, and I don't think that will stop entirely," Schwaab said. "But we're going to try to shift the balance to proactively looking for purchases."
Since its inception in 1969, Program Open Space, which is funded by real-estate transfer taxes, has preserved almost 321,000 acres of natural lands and working farms for open space and recreation areas, officials said.
Schwaab said the O'Malley administration started working on the guidelines in February, well before Franchot and others raised questions about some recent acquisitions.
In one deal approved by the board this month on a 2 to 1 vote, the state is spending $7.2 million to acquire 74 acres along the Chesapeake Bay on Kent Island in Queen Anne's County. Officials envision a park with trails, hunting and boating access. The site now includes an industrial marina.
Franchot, who voted against the purchase, argued that the state is paying too much for the property, which will take years to restore to open space that can be enjoyed by the public. He also questioned whether the land, which was presented to the state by the seller, would be in danger of intense development if the state did not buy it.
An earlier acquisition in Queen Anne's County also drew scrutiny. The board voted unanimously to pay $4.6 million for a 271-acre farm in Grasonville, and the county contributed an additional $400,000. The total of $5 million exceeded two appraisals of the property's value.
Some state lawmakers raised questions about whether the owner -- a for-profit conservation company founded by David Sutherland, a member of the governor's transition team -- was able to secure a higher price from the state than necessary.
O'Malley administration officials have said that Sutherland was one of 1,100 members of the transition team, and O'Malley has said he does not know him. Sutherland also served as chairman of a gubernatorial commission under O'Malley's predecessor, Robert L. Ehrlich Jr. (R).
Click here for complete article from The Washington Post
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