June 19, 2019

Local legislators split on state’s new “land swap” law; Daily in favor, Miller against

View of the state land in the swap, which has a river view

The “Haddam land swap” bill, which the Governor approved last Friday (July 8), is now the law of the State of Connecticut. The two local legislators who represent the towns of Essex, Deep River and Chester took completely opposite views on the issue.

State Senator Eileen Daily was the enthusiastic sponsor of the new law, whereas State Representative Phillip Miller strongly opposed it, consistent with his reputation as an uncompromising environmentalist.

The new “land swap” law provides that the state can enter into an even swap of 17.4 acres of a state owned, wildlife management area in Haddam, for an 87 acre track of woodlands adjacent to Cockaponset State Forest in Higganum, owned by a private developer.

A big issue is whether this is a fair deal for the state, since the state paid $1.3 million for the property that it is swapping, and the private developer paid only $428,000 for its property in the deal. Furthermore, the purchase dates of the two properties were only six years apart, 2003 in the case of the state, and 2009 for the developer.

There is no money involved in the swap. The entire deal, sanctioned by the new law, is a pure swap, one parcel of land for another.

Haddam bridge and Goodspeed Opera House, close to the state land being swapped

The state’s 17.4 acre land in the swap overlooks the Eagle Landing State Park, as well as in the distance the Haddam swings bridge and the Goodspeed Opera House across the river. The private developer’s Higganum land in the swap is 87 acres of woodlands, next to the state’s second largest park. In addition, according to swap sponsor Daily, “as many as 33 new single family homes could be built on the Higganum parcel.”

To still the controversy over the fact that the state paid far more for its land than the private developer, the new law mandates that current appraisals be made of the properties to make sure that they are, presently, of equivalent value.

Also, both parties under the new law must make “all reasonable efforts” to conclude the details of the swap by the end of this year. In addition, the new law provides that the State Properties Review Board must approve the swap deal.

The mission of the Review Board, according to its website, is “to provide oversight of State real estate activities … as proposed by State Executive Branch agencies.”

Furthermore, the Board is directed “to assure that transactions are done in a prudent, business-like manner that costs are reasonable, and that proposals are in compliance with State laws, regulations and procedures.”

This language could address the question as to whether or not the state was getting a good or bad deal in the swap, regardless of disparities in the original costs involved in acquiring the two properties.

State Senator Eileen Daily

Also, of course the Governor’s view of the swap could weigh heavily on what the Review Board ultimately decides. As for the Governor’s take on the deal, the Hartford Courant reported that Governor Malloy visited both parcels last Thursday (July 7), and said, “I came to the conclusion that it is potentially a fair transaction, subject to a process,” which would include valuation of both properties and local zoning approvals.

Swab bill sponsor, Senator Eileen Daily said, “I supported this initiative because it makes good sense to concentrate development in the built-up area of Tylerville and add 87 contiguous acres to what is already Connecticut’s second-largest State Forest.  This plan makes good sense environmentally and in terms of economic development for the area,” she said.

In his comments freshman State Representative Miller was careful to be respectful of Senator Eileen Daily, who is a five term incumbent Senator. He said, “I wish I was not against Senator Daily on this [issue], since her public service is quality.”

Miller then went on to harshly criticize the Governor’s actions in signing the swap bill into law. “I am surprised that Governor Malloy would not recognize the bad public policy and false argument  that this bill represents, ” Miller said.

State Representative Phil Miller

Miller also said the bill “presupposes that the legislature would first convey what is clearly conservation land, as though it were surplus to a private developer.” This precedent undermines the foundation of our conservation [policies] hundreds of years in the making here in Connecticut,” he said.

Miller then took a swipe at the state’s new environmental commissioner, saying, “It is too bad that a world [class] academic like Department of Energy and Environmental Protection Commissioner Esty would not commit to study this issue.”

“Conservationists, sportspeople and citizens from all walks of life in Connecticut are disappointed with the process,” Miller said. “Some citizens of Haddam feel disenfranchised because not a single Board or Commission has had this subject on their agendas, and no town-sponsored public forum was ever convened.”

The Representative Miller concluded, “I am proud to still stand with citizens who feel as we do about this issue.”

Deep River environmental activist John Kennedy was even more outspoken in his criticisms of the swap law. Kennedy criticized what he called “the shameful way that Governor Malloy and his appointed environmental chief, Dan Esty, dodged and fumbled this matter.”

John Kennedy

Kennedy also criticized swap sponsor Senator Eileen Daily. “Daily clearly has an agenda, whatever it is,” he said, and he added, “She is powerful because no one gets any money for their constituent’s projects without her.”

Furthermore, Kennedy charged that Governor Malloy and Commissioner Esty had “no understanding of the state’s environmental law,” exemplified by the Governor’s signing of the new swap law, which Kennedy called “this scarlet letter.”

As for the new law’s impact on Haddam and East Haddam, Kennedy predicted that it will mean “the death of almost all of their small, local businesses … , suffocated by the new shopping mall and hotel.”

“But – [both towns] will have the wonderful bonus of a new river view of a hotel and shopping center – instead of that horrible and ‘polluted’ wildlife management area,” he said sarcastically.

“My – what a great idea this is. This is a perfect storm of stupidity and greed.”

Share