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Graphic by Greg Wolf
Proposition 105 and 106, if passed, will affect the McDowell Sonoran Preserve in Scottsdale, Daisy Mountain in New River bordering Anthem, and several areas surrounding Cave Creek, including land near the Spur Cross Ranch Conservation Area, Continental Mountain and Maricopa County’s Cave Creek Regional Park.
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Stars or Streetlights?
Competing land reform measures could confuse voters
by Barry Cohen

NORTH VALLEY – Two competing land reform measures, slated to go before voters this November, pit developers and cattle ranchers against desert conservationists and Gov. Janet Napolitano.

And although those battle lines may seem clearly drawn to political advocates on either side, voters might get confused because both Proposition 105 and Proposition 106 set aside state trust land for conservation.

Both propositions, if passed, will affect the McDowell Sonoran Preserve in Scottsdale, Daisy Mountain in New River bordering Anthem, and several areas surrounding Cave Creek, including land near the Spur Cross Ranch Conservation Area, Continental Mountain and Maricopa County’s Cave Creek Regional Park.

Prop. 105, which is backed by developers and cattle ranchers, would preserve about 43,000 acres of state trust land. It also could provide protection for an additional 400,000 acres, but in order for that to happen, the state legislature would have to approve protection for each additional parcel. Because Prop.105 was passed by the legislature as a resolution, it did not require Napolitano’s signature to go on the ballot.         

Prop. 106, backed by conservationists, would prevent the state from auctioning 694,000 acres of undeveloped state trust land to developers. Also known as “Conserving Arizona’s Future,” Prop.106 would also give local authorities the power to limit and control development of undeveloped land in their communities.

 

Napolitano has publicly said she supports passage of Prop. 106.

Carefree‑based Desert Foot‑ hills Land Trust wants to see Prop. 106 passed, said Mike Rigney, executive director of that trust. “Proposition 105 protects some of the lands in our area,” he explained. “Proposition 106 protects them all – immediately and in a more substantial way.”

According to Carla, executive director of the McDowell Sonoran Conservancy, “Proposition 105 is a sham, a slap in the face to the 300,000 people who signed the petition to get Proposition 106 on the ballot.” Carla goes by a single name.

Critics of Prop. 105 have said the measure was put on the ballot in order to confuse voters. The lobbyist for homebuilders disagrees.        

Prop. 105 preserves open space, protects the economic value of the state land trust for beneficiaries and permits orderly and planned growth, said Spencer Kamps, vice president of legislative affairs for the Home Builders Association of Central Arizona.

Kamps criticized Prop. 106, arguing it “puts conservation at the top of goals and degrades the economic value of the State Land Trust.”

Pat Graham, Prop. 106's campaign chairman, vowed to keep the campaign positive.

“Our polls show that when people understand the differences between the two measures, they support Proposition 106 by a 2‑1 margin,” Graham said.

John Gunn, park supervisor for Spur Cross Ranch Conservation Area, said that whichever measure passes, he hopes it will enable Spur Cross to pick up some of the sensitive land parcels adjacent to it.

Last week, proponents of Prop. 106 won a minor victory when a Maricopa County Superior Court judge ruled the initiative is legal, rejecting the Home Builders Association’s contention that the measure improperly deals with more than one subject. The association vowed to appeal the decision to the state Supreme Court.

In order to pass, the land reform measures need more than 50 percent of the votes cast.

If both pass, the proposition that receives the most votes will prevail, said Kevin Tyne, spokesman for the Arizona Secretary of State’s Office. For example, one proposition could win with 54 percent of the vote and the other could pass with 52 percent of the votes cast.

In the event that happens, Tyne said “provisions in the measure that receives fewer votes could be implemented if they (those  provisions) don’t conflict with those in the winning proposition.”

He added that if there is a conflict, the matter could end up in the hands of the courts.

The Arizona Land Department, which oversees state trust land, is required by law to sell land to the highest bidder for cattle ranching or urban development. The largest beneficiary of the funds raised are the state’s public schools.

Reach the reporter at barry@thedesertadvocate.com.

 
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