"It's true there are developers that are interested in excess property," he said. "That's the business they are in. Some of these developers contributed to Ehrlich, some to [Democratic candidates]. . . . But a $1,000 or $4,000 contribution, it's minuscule in the scheme of things."
Moreover, he said, each sale first must be approved by the Board of Public Works, so the governor -- one vote on the three-member panel -- has limited control over the outcome.
House Speaker Michael E. Busch (D-Anne Arundel) said politics must have been a consideration when the governor's aides were pushing to sell acreage in St. Mary's County. State officials had identified a buyer for the property, drawn up a draft contract, set the price and essentially negotiated its sale before the state even purchased the land.
"The idea that they would go out and pick an individual to get this land, even if that individual is Mother Teresa of the environment, the state should not ever be in that position," Busch said. "The state should not do business in this manner. This is how elected officials in the past have found themselves in jail."
Busch said he believes some restriction on land sales will clear the General Assembly, whether it's a constitutional amendment, legislation or wording in the budget.
The St. Mary's deal has prompted one senator to call on the state attorney general to investigate. Del. Peter Franchot (D-Montgomery) said he believes an amendment is another appropriate step.
The amendment, as proposed by Frosh and Franchot, would require the governor to seek legislative approval before selling off state-owned acreage bought through the state's preservation programs. To be successful, the amendment would require support from three-fifths of each legislative chamber and then would be placed on the ballot in November 2006 -- at the same time Ehrlich stands for reelection.
One of his possible Democratic opponents, Montgomery County Executive Douglas M. Duncan (D), expressed strong support for the measure yesterday. "The governor's policy of selling off open space is a bad one," Duncan said. "I would expect this [proposal] to be very popular across the state of Maryland."
The governor has not said whether he will oppose the amendment, but Fawell said yesterday that it's a safe bet.
"We are seeing a general effort to chip away at the prerogatives of the governor now that there's a Republican in the office," Fawell said.