Legal Documents Clarify & Confuse Kit Carson Name Change

Lawyering Up!

When the Town of Taos Council recently voted to change the name of Kit Carson Memorial Park to Red Willow Park, they did so without an attorney present or, according to reports, having read the “Quitclaim Deed” and “Joint Powers Agreement” excerpted below. An attorney would probably have advised caution, given the opportunities for legal interpretation.

Regardless of the eventual legal position taken by state agencies, which permission was not sought or received, a member of the public could file an injunction, seeking clarification of the documents in court concerning the Town’s right to change the names. Here’s the discussion.

On Sept. 18, 1990, a “Quitclaim Deed,” transferring property (aka Kit Carson Memorial State Park) to the Town of Taos, and signed by the Commissioner of Public Lands State of New Mexico on behalf of the New Mexico Energy, Minerals, and Natural Resources Department, was filed in the Taos County Clerk’s Office. The conditions of the park transfer, referred to by the “Deed,” are set forth in a Joint Powers Agreement (JPA), dated March 25, 1988, and signed by the Secretary of the Natural Resources Department, the Mayor Pro-tem, Arturo Archuleta, of Taos and the Secretary of the Department of Finance Administration.

According to documents attached to the Joint Powers Agreement, Governor Garry Carruthers requested the transfer and a Town of Taos resolution accepting the bequest of the state park is reproduced over the signature of then Mayor Lawrence Santistevan.

In the “Whereas” recitals at the beginning of the JPA, the recitals refer to the “Kit Carson Memorial State Park (hereinafter referred to as the Park).”

The JPA goes on to say, “the Town of Taos agrees to accept full financial and operational responsibilities for the Park beginning July 1 1990, and to change the name from Kit Carson Memorial State Park to Kit Carson Memorial Park…”

Then the JPA says, “the Town of Taos agrees to maintain the Park for its original purpose and continue to operate the facility as a park and for no other reason” (editor’s bold).

At this point legal scholars and members of the public might ask themselves if the “original purpose,” mentioned above is incidental to the operations of the park or part of a greater interest in the Park’s purpose re: memorializing and recognizing the famous scout and civil war veteran, Kit Carson.

The Taos News has reported that they have received a written response from the Department of Resources that says, “a name change of the park is not a condition for reversion.” The online post from the local weekly reports that the Council did not possess the deed at the time they made the decision at the request of four individuals from the area (at least three of whom do not appear to be voters in the Town of Taos.)

The reversion clause in the “Quitclaim Deed” refers to the Joint Powers Agreement (JPA). The 7-page JPA goes on to say in paragraph 13, regarding “Amendments,” that “no change, revision nor amendment of this Agreement shall be binding except by written instrument executed by the parties and approved by the Secretary of DFA” (Department of Finance Administration).

So the state agent responsible for the interpretation of the Kit Carson Park “Quitclaim Deed” and enforcement of the JPA is “DFA.” DFA is well known to county and town bureaucrats, if not to the current members of the town council. The Department of Finance Administration-Local Government Division was set up by the state to supervise and correct local governments while they do the business of the people in New Mexico.

For instance, right now DFA attorneys are considering whether or not the Town of Taos and Kit Carson Electric Cooperative violated the anti-donation clause when a state grant for designing the KCEC Command Center was turned over to the Coop, a quasi-private entity. If DFA’s legal team decides in favor of a violation, the Town would be forced to pay back the grant of some $175,000 plus GRT.

It seems a prudent council would consult with their attorney and DFA before making a decision about the “purpose” of the language, governing the transfer of Kit Carson Memorial (State) Park “ to the Town of Taos. Regardless of the state’s decision, given the language of the document, one could easily imagine a Veteran’s group intervening in the issue, since Kit Carson was considered a distinguished Civil War Veteran. A movement, reportedly begun in Santa Fe, has already started, regarding the exhumation of Carson and his wife, Josefa for transfer from the “Park” cemetery to the Veteran’s National Cemetery in Santa Fe.

While the Town Council claims to be righting historic wrongs, Manger Bellis appears to be hungry for publicity on behalf of the tourism industry. The Kit Carson Park controversy is the “gift that keeps on giving” whether as subject of local conversation or news stories in the national media. So the Manager, if not the Council, can count the controversy as a success!