Hartford Courant (Sunday)

Protection­s For State’s Open Spaces

Requires Public Input On Disposal Of Land

- By GREGORY B. HLADKY ghladky@courant.com

A proposal that would keep the General Assembly from giving away or selling state park, forest and conservati­on lands with public hearings and debate is on the statewide election ballot this year.

The proposed constituti­onal amendment is intended to stop the long-standing and often secretive legislativ­e practice of disposing of public lands by last-minute amendments to bills usually approved during the waning hours of a General Assembly session.

Critics of this practice say public lands have been given away or disposed of without public input.

What does the ballot question say? Here is the wording: “Shall the Constituti­on of the State be amended to require (1) a public hearing and the enactment of legislatio­n limited in subject matter to the transfer, sale or dispositio­n of state-owned or state-controlled real property or interests in real property in order for the General Assembly to require a state agency to sell, transfer or dispose of any real property or interest in real property that is under the control of the agency, and (2) if such property is under the custody or control of the Department of Agricultur­e or the Department of Energy and Environmen­tal Protection, that such enactment of legislatio­n be passed by a two-thirds majority vote of the total membership of each house of the General Assembly.”

A “yes” vote supports amending the

on Connecticu­t highways. “The loopholes in this … are big enough to drive a truck through,” Godfrey said during one debate.

But supporters of the plan argue the amendment will make it at least more difficult for future legislatur­es to tamper with transporta­tion funding. “It’s not perfect folks, but it’s a start,” Rep. Tony Guerrera, D-Rocky Hill, told his House colleagues in 2015. Guerrera is cochair of the legislatur­e’s Transporta­tion Committee and a longtime advocate of the lockbox concept.

Advocates of the amendment believe Connecticu­t voters are more likely to support additional revenue to fix the state’s aging transporta­tion infrastruc­ture if they have more confidence that the money will actually be used for roads, highways and mass transit systems.

Protecting Public Lands

In 2011, a controvers­ial proposal to trade valuable state land along the Connecticu­t River to a developer for a big section of inland constituti­on; a “no” vote would oppose it. Why are people worried about this ? In 2011, lawmakers approved a deal that would have traded 17 acres of state land overlookin­g the Connecticu­t River in Haddam to a developer for 87 acres of far less desirable forest land. The so-called “Haddam Land Swap” eventually fell through because an appraisal showed that the 17 acres of state land was far more valuable than the developer’s woodlands. But outrage over that and other legislativ­e actions to give away state land triggered calls for a constituti­onal amendment.

What is the special reference to the Department of Agricultur­e and Department of Energy and Environmen­tal Protection all about?

Those two agencies are responsibl­e for state-protected agricultur­al land and state parks and forests. Most people in Connecticu­t assume those types of state-owned public lands will be protected forever. To provide more protection­s for those properties, the proposed amendment would require “super majorities” in both the state House and Senate in order to dispose of those categories of lands.

Doesn’t the General Assembly already conduct public hearings on sale or disposal of state properties?

Yes, public hearings are often conducted on proposals to dispose of state property, but not always. In the past, last minute, behind-the-scenes deals have resulted in legislativ­e approval of the transfer of state property without hearings or any time for public input.

forest triggered a long-running effort to provide more protection­s for state park and forest properties.

The so-called “Haddam Land Swap” deal was approved by the General Assembly despite outraged protests from environmen­talists. The plan finally fell through when a state audit found that the state property overlookin­g the Connecticu­t River was far more valuable than the scrubby forest land the developer wanted to trade.

But state park and forest advocates point out that lawmakers have in the past repeatedly approved questionab­le state land transfers to private interests or municipali­ties without public hearings or any real debate. Often these land deals are done at the frantic conclusion of a legislativ­e session using last-minute amendments to a catch-all bill that few people have had time to read.

The result is the proposed constituti­onal amendment that’s on the 2018 ballot.

It took the amendment’s supporters years of lobbying, but in May 2018 both the state House and Senate approved the measure by more than the required 75 percent

super majorities, which put it on the Nov. 6 election ballot.

Critics argued that putting the additional protection­s for public lands in the constituti­on – requiring public hearings and two-thirds majority votes in each legislativ­e chamber for disposal of state park, forest and state protected agricultur­al lands – could cause long delays and unintended problems.

Rep. Rick Lopes, D-New Britain, warned during the House debate that the proposal “is going to become a political football… It’s going to seriously, seriously damage your ability to get things done.”

Members of a coalition in favor of the amendment have launched a series of Internet ads to convince voters to support the proposal.

“By requiring public hearings with community involvemen­t, this measure will require government to be transparen­t and open about their decisions on state parks and other valuable public spaces,” said Eric Hammerling, executive director of the Connecticu­t Forest & Park Associatio­n and a coalition member.

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