Tuesday, December 27, 2005

"This condemnation effort threatens private-property rights and poses dire risks to free-market conservation as practiced by the Conservancy"

South Padre Island Preserve deserves our protection

The attempt to condemn 1,500 acres threatens rights

Dec. 27, 2005

By CARTER SMITH
Houston Chronicle
Copyright 2005

THE Nature Conservancy of Texas was recently surprised and alarmed to learn that, without even contacting us, Willacy County and the Willacy County Navigation District are proposing to condemn and acquire by rule of eminent domain the Conservancy's 1,500-acre nature preserve on South Padre Island, an attack on both the sanctity of private-property rights and private conservation efforts.

In 2000, the Nature Conservancy purchased more than 24,500 acres on South Padre Island from Westbrook South Padre, L.P., a private developer, with the intention of conveying much of that land to the Laguna Atascosa National Wildlife Refuge when federal funds to acquire the land eventually became available. U.S. Sen. Kay Bailey Hutchison led the effort to provide federal funding for that conveyance, and in 2003, the U.S. Fish and Wildlife Service acquired about 23,000 acres from the Conservancy to add to the wildlife refuge.

The Conservancy retained about 1,500 acres of its original purchase to create the South Padre Island Preserve on the northern tip of the island. Since then, we had several informal discussions with the Willacy County Navigation District on possible conservation-compatible public access to the island, which could entail such managed activities as environmental education for school children, guided ecotourism, nature study, wildlife photography and other nature-based forms of recreation. We continue to be willing to explore these possibilities.

At the same time, safeguarding the conservation value of the land requires us to protect this delicate ecosystem.

Since our relationship with both Willacy County and the Navigation District had always been cordial, we were shocked to learn of this attempt to seize our private property and nature preserve from a local newspaper reporter. We do not understand why Willacy County or the Navigation District would want to try to condemn a nature preserve owned and operated for the public good. The Conservancy is a contributing member of this community, and we pay our share of property taxes on this land.

We also would like to emphasize that in no way does the Nature Conservancy restrict access to the beaches on our preserve. Public access to Texas beaches is provided through the Texas Open Beaches Act, with which we fully comply.

South Padre Island is a critical part of the longest barrier island system in the world, stretching for 250 miles from Corpus Christi Bay into Mexico. Sheltered between these barrier islands and the mainland, the Laguna Madre is one of only five hypersaline lagoons in the world and provides a nursery for 60 percent of the fish in the Gulf of Mexico. This barrier island system is a crucial economic generator for the nature tourism and sport-fishing industries of South Texas. Additionally, the near-pristine natural condition of the islands helps protect the Texas coastline from the ravages of tropical storms and hurricanes.

Along with its tremendous economic value, South Padre Island provides habitat for such rare and endangered species as the Kemp's Ridley sea turtle, the most endangered sea turtle in the world, rare piping plovers and brown pelicans. The island is the world's most important staging area for rare peregrine falcons in migration, and the Laguna Madre is the winter home to 80 percent of the Earth's redhead ducks.

To uphold our mission to conserve this rich and beautiful resource for the benefit of both wildlife and people, the Nature Conservancy of Texas will vigorously oppose any attempt to condemn South Padre Island Preserve. This condemnation effort threatens private-property rights and poses dire risks to free-market conservation as practiced by the Conservancy and other land trusts, and many individual Texas landowners.

Smith is Texas State Director for the Nature Conservancy and is based in San Antonio. He represented the nonprofit organization in the purchase of the South Padre Island land, most of which was added to the Laguna Atascosa National Wildlife Refuge and a part became South Padre Island Preserve.


© 2005 Houston Chronicle: www.chron.com

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