Garfield County land exchange upheld by high court

SALT LAKE CITY — A land exchange between Garfield County and school trust lands managers more than two decades ago has survived a judicial challenge brought by the National Park Conservation Association because of a 3-2 decision by the Utah Supreme Court.

The Tuesday ruling sides with the School Institutional Trust Lands Administration over 640 acres of land in Capitol Reef National Park exchanged with Garfield County, who sought the parcel because it wanted to pave a portion of Burr Trail.

The trail is a backcountry route that extends from the mountain town of Boulder, Garfield County, through Grand Staircase National Monument, into Capitol Reef and onto the Glen Canyon National Recreation Area. The upper section, consisting of 18 miles, is already paved.

A trade negotiated between state land managers and county officials resulted in the relinquishment of the parcel in Capitol Reef in exchange for three-parcels of county-owned land. Appraisals were performed after being commissioned by the county, and the exchange was signed off by then Gov. Norm Bangerter in 1987.

The trade brought objections by the park conservation association, who argued state managers had breached their fiduciary duties as trustees by, "failing to give priority to scenic, aesthetic and recreational values," of the traded Capitol Reef land. The association also argued a similar breach happened because the state had failed to obtain independent appraisals.

In a suit brought on that issue that reached the Utah Supreme Court in 1993, justices agreed with the conservation association over the appraisals and halted the transaction until the assessments came back.

The conservation association once again challenged the independent appraisals and argued that they were inadequate because they were too narrow in scope. The land exchange, they contended, was inherently unfair because the full value of the lands was not taken into account. The appraisals put the SITLA land at no greater than $200,000 — more than three times less than the value of the lands the administration acquired from Garfield County.

Responding that the land trade was not inconsistent with SITLA's obligations as trustees, the court disagreed, finding that there was no breach of fiduciary duty.

In his dissent, in which Chief Justice Christine Durham agreed, Justice Ronald Nehring said the differences in the value of the Garfield County lands and school trust lands were so great it violated statutory prohibitions against transferring public property for less than fair market value.

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