Almanac: Debate focuses on land acquisition

Should money from the Clean Water, Land and Legacy Amendment be used to buy more land, including public hunting lands?

March 20, 2011 at 9:24PM

Should money from the Clean Water, Land and Legacy Amendment be used to buy more land, including public hunting lands?

It's a key question being hotly debated at the State Capitol.

When the amendment was approved by voters in 2008, many supporters -- including hunters -- believed some of the millions of dollars it raised would be used to acquire critical lands as part of the amendment's "protect, enhance and restore" mandate. The amendment says that any lands bought with the money must be open to the public to hunt and fish.

And so far, that has happened.

Of the $144 million Legacy dollars spent for fish and wildlife habitat, $23 million, or 16 percent, has been spent to buy state lands -- often wildlife management areas. The Lessard-Sams Outdoor Heritage Council (LSOHC) recommends how one-third of the revenue raised by the Legacy Amendment should be spent on fish and wildlife habitat.

This year, of the $86 million available, the council has recommended the Legislature spend about $26 million -- 36 percent -- to buy land that would be owned by the state and open for public hunting and other recreation.

But this year there is concern in the Republican-controlled Legislature about buying more land. Part of it is philosophical: Some legislators think the state simply has enough land. And part of it is because the state must pay counties payment in lieu of taxes for lands removed from tax rolls, and it also must pay long-term management costs.

A bill introduced by Rep. Steve Drazkowski, R-Mazeppa, calls for no net increase in state lands. If it became law, the state could only acquire land if it sold an equal amount of existing state land.

Friday the issue boiled to the surface when the Heritage Council, with five new members, met for the first time in 2011.

Rep. Denny McNamara, R-Hastings, a new council member, said legislators are concerned about the long-term financial costs of restoring and enhancing acquired lands. And adding more state land also permanently increases the financial obligation of the state to make annual payment to counties to offset the loss of property taxes.

Without addressing those issues, McNamara said legislators may not approve any more land purchases.

He has proposed funneling $5.6 million yearly in Legacy dollars into an account to pay for future restoration and enhancement costs for lands bought with Legacy dollars. And it would funnel other Legacy money into an account to essentially cover payment-in-lieu-of-taxes for future land purchases.

Council members debated whether that would be legal under Legacy Amendment.

"I think we're going down a road we don't want to go down ... I think it's unconstitutional," said council member Wayne Enger of Perham.

Said McNamara: "I'll be surprised if we can buy land this year without having a long-term plan to reimburse local governments. I think they [legislators] will say it doesn't make sense."

Some members wondered whether the council should consider a temporary moratorium on land purchases, but that, too, was controversial.

"I think it would be a very dangerous place to go," said David Hartwell of Minneapolis, who was elected chairman of the 12-person council. Many citizens who voted for the amendment expected some land acquisitions, he said.

Did you know? Women can try shed antler hunting 1-3 p.m. March 26 at the Twin Cities Army Ammunition Plant site in Arden Hills, part of the DNR's Becoming an Outdoors Woman program. Cost: $10. Contact Jane Heinks at JaneBean@msn.com or 651-633-4979.

Doug Smith • dsmith@startribune.com

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DOUG SMITH, Star Tribune