At age 89, Anthony Caponi is still passionate about and protective of the 60-acre outdoor art park he created around his home in Eagan more than 30 years ago.

But the sculptor and former Macalester College professor also is aware that he and the nonprofit organization that now runs the Caponi Art Park and Learning Center must prepare for the day when he is no long- er around.

"It's been an ongoing issue," said Juli Seydell Johnson, a member of the Caponi Art Park board and Eagan's director of parks and recreation. "It's just a big unknown."

That is why Caponi and the park's board of directors recently began talks with Dakota County about succession planning for the popular attraction, which last year drew a record 15,000 people from around the state and beyond.

"We do serve more than just the county," Caponi said. "I just want to reassure people that this will continue. The park will not disappear."

Earlier this month, the County Board and county staff members began discussing the future of the park after receiving a letter from Craig Harris, president of the art park's board of directors.

In the letter, Harris outlined several issues facing the arts park, the most pressing of which is a mortgage of hundreds of thousands of dollars due next month that the nonprofit cannot afford to pay.

"It [is] unlikely that the Art Park board will be able to raise funds to secure the land from private sources only," Harris said in the letter. "In light of the current situation, we are left with the only option of channeling our efforts through local government."

A labor of love

Caponi and his wife, Cheryl, have been shaping and creating the art park for more than 30 years, with the sculptor sprinkling the rolling hills with his art works. The endeavor has grown to include an amphitheater as well as art classes on site.

In 2004, the city, county and state combined to purchase 30 of the original 60 acres for about $2 million to preserve it as open land.

A mortgage covering the remaining 30 acres was taken out by the art park's board of directors. But Harris pointed out that the board has not made any payments since that time.

That is because the mortgage is owned by the Caponi family, which has allowed the board a great deal of financial latitude. The Caponis, for example, have already extended the due date by one year and expect to extend it another year if necessary, Anthony Caponi said recently.

But if the board were to default, the land would revert to the Caponi family. That, Harris wrote, could produce major headaches and possibly lead to legal issues, especially if something were to happen to Anthony Caponi.

"If the ownership of the land reverts back tot he Caponi family, it could undo all that we have accomplished over the years," Harris said. "If the land is not secured while Mr. Caponi is still alive, the park may be exposed to conflicting claims by his heirs."

That is why not only the county but also the city of Eagan and state agencies have been looking for ways to come up with the money to purchase the remaining 30 acres.

"If it's complicated now, it could get more complicated," Cheryl Caponi said.

Thus far, things do not look promising. The county program that works to obtain conservation easements is almost out of money. And the art park, because of its unique nature of being privately owned, has not qualified to receive Legacy Amendment funds aimed at land conservation.

"It's a great amenity," said Dakota County Commissioner Nancy Schouweiler, whose district covers the art park. "It's an important piece of property to continue to protect."

Heron Marquez • 952-707-9994