Open Space and Trail Network
8 December 2004
1. Backcountry Horsemen, BLM: dedicating Soledad Canyon, Bar Canyon recreational trail and trailhead on January 8.
2. Funding for City’s update of its Parks, Recreation, and Open Space master plan was approved by Council 7 Dec. Staff to have preliminary meeting with contractor at end of week. Process to begin in Jan.
LCHBA response to Draft Vision
Homebuilders association is interested in working with others to invest in 1 location, so we’ll have a successful completed project to point to—an attainable goal. Based on what’s in Draft Vision, LCHBA proposes focus on Tortugas Mt. because a planning process is underway and some infrastructure is already in place. LCHBA proposes focusing on eastern 3 sections of the NASA land, 2 south of Dripping Springs road, and one to north (as end of Tortugas Corridor link to Organs). LCHBA would like to work with others within Network over next 6-8 months to plan for the site; once plan is complete LCHBA and its members could help to provide building construction materials and expertise for some construction (ie: asphalt, bathrooms and other buildings, picnic shelters, etc). LCHBA has not been in contact with existing planning committee established by county.
Suggested follow-up: connect LCHBA’s proposal to ongoing planning effort, set up work session in January with all groups/individuals interested in working on plan.
NMLC is a statewide land trust. In general terms, a land trust is a non-profit organization that works to conserve significant lands (typically private lands). Underlying philosophy: not a regulatory agency or an advocacy group, they utilize voluntary mechanisms, especially conservation easements and donations of development rights. NMLC develops agreements with landowners, then holds and monitors the easements. Currently holding several easements, totaling over 30,000 acres. Largest is west of Socorro, the Montosa Ranch. NMLC is currently in conversation with a couple of farmers in Mesilla Valley about possible conservation agreements.
Federal, state, and estate tax benefits result from donation of easements. Federal tax law stipulates what types of lands could be eligible, ie: providing recreational, scenic, or conservation values. Development rights typically appraise as 30-50% of total land value (up to 80% near fast-growing residential areas). If open space dedication is required or land is undevelopable, tax benefits do not result. Existing zoning typically does not affect appraised value or potential tax benefit. Final development plans do not necessarily have to be in place before appraisal and conservation easement dedication.
Easements must be monitored by land trust annually and in perpetuity. Problems are rare—of over 8,000 easements nationwide, only 6 have ended up in court. Attorney general opinion states that local governments can hold easements.
NMLC interested in working in southern NM, would welcome referrals if Network interacts with potentially interested landowners.