New Mexico Supreme Court justices want more information before deciding whether or not an exchange of thousands of acres of state land around White Peak was legal.

Attorney General Gary King believes Land Commissioner Patrick Lyons violated the state Enabling Act when he approved the exchange of 7,205 acres of trust lands for 3,330 acres of private ranch land owned by David Stanley. The exchange is one of four proposed by the State Land Office and private landowners around White Peak.

The five justices heard oral arguments Wednesday. They deliberated for about half an hour before giving attorneys from both sides 30 days to file additional briefs on two issues.

The justices want to know if the state Enabling Act allows the land commissioner to make land exchanges and under what circumstances. In addition, the justices want to know if a 1990 decision by New Mexico voters to reject a constitutional amendment that would have authorized state trust land exchanges has any bearing on the White Peak case.

White Peak hunters and sportsmen from the New Mexico Wildlife Federation have fought against the exchange, claiming the deal was made behind closed doors to benefit the private landowners and not the public.

The Attorney General's Office thinks Lyons skirted the public auction required for state trust lands in the Stanley trade and structured the deal so only Stanley could acquire the land. In addition, the state is questioning the appraisals on the land exchange.

Lyons has maintained the checkerboard mix of private/public land around White Peak has caused ongoing management problems. He says the exchange will help create a quality hunt area and better access for the public to consolidated trust lands.

State Game and Fish officers have said trespass incidents and poaching around White Peak are no worse than other areas.

While that may be true, White Peak — also called Whites Peak by people from the area — has been an ongoing problem that has reared up repeatedly under several different state land commissioners. Proposed trades have failed. Attempts to buy the private land and make it public have failed. An argument over public access to a road to White Peak that passed through the private UU Bar Ranch went all the way to the state Supreme Court.

Contact Staci Matlock at 986-3055 or smatlock@sfnewmexican.com.