State Land Commissioner Wants Compensation for Lost Revenue due to Military Operations

By NM State Land Commissioner 

SANTA FE, NM – State Trust Land beneficiaries, including public schools, have been losing big bucks due to military restrictions on use of 300,000 acres of State Trust Lands adjacent to White Sands Missile Range (WSMR) and State Land Commissioner Aubrey Dunn is asking for compensation.

In a letter to Armed Services Committee Chairman William M. “Mac” Thornberry, Commissioner Dunn wrote that while he recognizes the importance of protecting airspace, WSMR operations should not deprive public schools and other Trust beneficiaries of much needed revenue.

“These State Trust Lands have revenue generating potential from many uses including wind and solar energy development, telecommunications, rights-of-way, oil and gas development, and recreation,” said Commissioner Dunn. “If the DoD is going to prevent the State Land Office from leasing these lands, the Trust beneficiaries should be compensated.”

In 2004, a temporary withdrawal order restricting uses in the northern and western call up areas was implemented, however no compensation was received. Since its expiration there has been an ongoing effort to negotiate and execute a Land Use Restrictions or Conditions (LURC) policy which would restrict uses to those compatible with WSMR operations and mission. A study, paid for by the State Land Office, estimated the fair market value of restrictions contained in the negotiated LURC to be approximately $7.5 million.

“National security is important, but so are New Mexico’s schoolchildren and my fiduciary responsibility is to protect the interests of the beneficiaries and generate income for them,” Commissioner Dunn said. “I will explore other revenue producing uses if WSMR and other military installations continually refuse to compensate the beneficiaries for the land use restrictions they are imposing by their operations.”

The beneficiaries owning surface and mineral estate within the northern and western call up areas include:

• Public Schools
• Eastern New Mexico University
• New Mexico State University
• Western New Mexico University
• Highlands University
• New Mexico Tech
• New Mexico Military Institute
• New Mexico School for the Hearing Impaired
• New Mexico School for the Blind and Visually Impaired
• New Mexico Behavioral Health Institute
• New Mexico Miners Hospital
• Water Reservoirs
• Charitable, Penal and Reform
• New Mexico Penitentiary
• New Mexico Boys School