{"id":7218,"date":"2009-10-02T14:49:36","date_gmt":"2009-10-02T20:49:36","guid":{"rendered":"http:\/\/www.nmpolitics.net\/index\/?p=7218"},"modified":"2009-10-05T07:21:31","modified_gmt":"2009-10-05T13:21:31","slug":"philippou-settlement-may-involve-trade-with-land-office","status":"publish","type":"post","link":"https:\/\/nmpolitics.net\/index\/2009\/10\/philippou-settlement-may-involve-trade-with-land-office\/","title":{"rendered":"Philippou settlement may involve land office trade"},"content":{"rendered":"<div id=\"attachment_7083\"  class=\"wp-caption module image alignright\" style=\"max-width: 293px;\"><img loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-7083 \" title=\"Philippou\" src=\"http:\/\/www.nmpolitics.net\/index\/wp-content\/uploads\/2009\/09\/Philippou.jpg\" alt=\"Las Cruces developer Philip Philippou (Photo by Heath Haussamen)\" width=\"293\" height=\"242\" srcset=\"https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2009\/09\/Philippou.jpg 325w, https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2009\/09\/Philippou-300x248.jpg 300w\" sizes=\"auto, (max-width: 293px) 100vw, 293px\" \/><p class=\"wp-caption-text\">Las Cruces developer Philip Philippou (Photo by Heath Haussamen)<\/p><\/div>\n<h4>City wants right of way owned by State Land Office; Philippou has agreed to try to trade for the land and give it to the city if he gets it<\/h4>\n<p>As part of the settlement with developer Philip Philippou that the City of Las Cruces <a href=\"..\/2009\/09\/philippou-settles-lawsuit-with-city-of-las-cruces\/\">announced earlier this week<\/a>, the city said Philippou was giving it a right of way along Mesa Grande Drive from U.S. Highway 70 to Lohman Avenue.<\/p>\n<p>That may or may not happen, because Philippou doesn\u2019t currently own that right of way.<\/p>\n<p>Philippou does own a right of way along Weisner Road &#8212; further east toward the Organ Mountains. He offered that to the city, but what the city really wanted was the Mesa Grande right of way, which is owned by the State Land Office.<\/p>\n<p>The Weisner right of way is larger, at 70.9 acres, than the 47.3-acre Mesa Grade right of way. Philippou agreed to try to make a trade with the land office so he could give the Mesa Grande land to the city, Assistant City Manager Robert Garza confirmed.<\/p>\n<p>That\u2019s interesting in part because Philippou and the land office have a long history that includes a controversial land deal and some large campaign contributions.<\/p>\n<p>Whether the land office is open to such a trade with Philippou isn\u2019t clear. Garza said he doesn\u2019t know whether the land office will agree to the trade, and the land office has not responded to a request for comment.<\/p>\n<p>Either way, the city will get a right of way along one of the two roads that run between Highway 70 and Lohman. Garza said the settlement between the city and Philippou stipulates that Philippou will give the city the Weisner right of way if he\u2019s unable to trade it for the Mesa Grande right of way.<\/p>\n<p>\u201cBut we would prefer Mesa Grande,\u201d Garza said. Mesa Grande is on the edge of the city\u2019s current development on the East Mesa and would likely be needed sooner.<\/p>\n<h3>Philippou\u2019s history with the land office<\/h3>\n<p>The relationship between Philippou and the land office has long been controversial.<\/p>\n<p><a href=\"http:\/\/www.nmstatelands.org\/default.aspx?PageID=2\" target=\"_blank\">Pat Lyons<\/a>, the state land commissioner, bypassed his own bidding process and agreed to lease thousands of acres of public land in Las Cruces to Philippou in 2006. Around the same time, Lyons received approximately $30,000 in campaign contributions from Philippou and a political committee and lobbyists tied to the developer.<\/p>\n<p>That raised quite a few eyebrows in Las Cruces and around the state. It led to a change in state law that requires the land office to now use a competitive bidding process that can\u2019t be bypassed.<\/p>\n<p>The controversy also led to a request from a lawmaker for an AG opinion on the legality of the land office\u2019s deal with Philippou.<\/p>\n<p>Attorney General <a href=\"http:\/\/www.nmag.gov\/office\/Divisions\/EO\/kingbio.aspx\" target=\"_blank\">Gary King<\/a> has said the deal is flawed. The AG\u2019s <a href=\"http:\/\/www.haussamen.com\/AGOpinionOnSoloLandDeal.pdf\" target=\"_blank\">formal opinion<\/a> states that the <a href=\"http:\/\/www.haussamen.com\/LandOfficeAgreement.pdf\" target=\"_blank\">lease agreement\u2019s<\/a> method of compensating Philippou\u2019s company for developing the land is \u201cnot comprehended by and in conflict with\u201d a statute that allows developers who improve land for the state to be compensated only for the appraised value of the improvements.<\/p>\n<p>The controversy surrounding Philippou\u2019s deal with the land office helped fuel public outcry over the city\u2019s growth policies and helped lead to the <a href=\"http:\/\/haussamen.blogspot.com\/2008\/01\/new-city-leaders-must-bring-change-they.html\">overthrowing of the city council<\/a> in two elections held in late 2007 and early 2008.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>As part of the settlement with developer Philip Philippou that the City of Las Cruces announced earlier this week, the city said Philippou was giving it a right of way along Mesa Grande Drive from U.S. Highway 70 to Lohman Avenue. That may or may not happen, because Philippou doesn\u2019t currently own that right of way.<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11,1],"tags":[138,145],"class_list":["post-7218","post","type-post","status-publish","format-standard","hentry","category-news-and-analysis","category-uncategorized","tag-growth-and-development","tag-las-cruces"],"_links":{"self":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/7218","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/comments?post=7218"}],"version-history":[{"count":0,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/7218\/revisions"}],"wp:attachment":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/media?parent=7218"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/categories?post=7218"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/tags?post=7218"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}