"No Quick Answers in Fights Over Art" @nytimes - The George Lindemann Journal

By TOM MASHBERG
Published: July 1, 2013    
The decision by the Metropolitan Museum of Art to return two ancient Khmer statues to Cambodia last month, less than a year after their ownership was challenged, shows how quickly museums can act on cultural property claims in an era when source countries are far more demanding. But given the implications of surrendering an item, speedy decisions remain rare.

More typical are disputes like one between Turkey and the J. Paul Getty Museum in Los Angeles over a fifth-century bronze bed known as a Lydian kline, which has been an item of contention since 1995.

Last year two scholars, whose research was supported by the Getty, found that the bed was likely looted from Turkey in the 1970s. The Getty has called the findings intriguing but “circumstantial” and said it hopes to continue talks with Turkey while awaiting “more secure and compelling evidence.”

Is the disparity in time — some cases resolved quickly, others unsettled for decades — simply a matter of which countries present the more convincing evidence?

Hardly, according to experts who say the calculus of repatriation involves less cut-and-dried measures like the outlook of the museum and its board, the institution’s public relations needs at the moment, the identity of the donor of the disputed item and even the identity of the country that is asking for its return.

In dealing with the Met, Cambodia was diplomatic, made a targeted claim and reacted to the return with effusive praise. Both sides also saw an opportunity to strengthen their ties, and Cambodia has agreed to a major Khmer exhibition at the Met next year.

The Turks have been more ambitious and strategic in their demands, refusing to participate in loan exhibitions with several museums under a tactic that some officials have compared to blackmail. In the case of the Getty, officials there say the Turks first questioned the museum’s ownership of several dozen items without providing any backup, then cut that number in half.

“Our experience with these requests does not give us confidence in their merit,” said James Cuno, the Getty’s president.

And it is not clear, Getty officials say privately, that simply returning the bed will do much to sate Turkish interest in a host of other items.

For their part, Turkish officials have said characterizations of their repatriation requests as aggressive and unsupported by the evidence are self-serving.

Even as Western museums have grown more receptive to cultural property challenges in the last decade, they remain bound by fiduciary obligations, ethical principles and burdens of proof that can vary by institution.

“Museums must untangle a lot of knots before making such an irrevocable decision,” said Stephen K. Urice, a professor and expert on cultural heritage law at the University of Miami School of Law in Florida.

The stickiest question is what constitutes proof positive that a holding violates the intent or spirit of laws and rules adopted since 1970 to help stem the trade and acquisition of illicit artifacts. For example, in 2008, the Association of Art Museum Directors, the industry’s major trade group, wrote sweeping guidelines advising museums that they “normally should not” acquire a work unless solid proof exists that the object was, before 1970, outside the country where it was discovered in modern times, or was legally exported from that country after 1970.

But there is a wide latitude in what constitutes solid proof or how to interpret phrases like “normally should not,” according to experts like Ricardo A. St. Hilaire, a cultural heritage lawyer. He said the lack of “a clear evidentiary or procedural standard that universally guides provenance investigations at museums” contributes to uneven decision making among institutions.

In one case last September, the University of Pennsylvania Museum of Archaeology and Anthropology agreed to a Turkish request to return 24 gold pieces. They were sent back on indefinite loan. Among the evidence the museum relied on was a speck of soil lodged in a pendant that matched a site known to have been illegally excavated.

The museum had acquired the items in 1966, which is in accord with the museum association guidelines, but the return was also based on other factors, including assurances that the university can continue excavations in Turkey and hold an exhibition of new artifacts dug up from royal tombs.

A similar interest in building a relationship to support future loans played a role in the decision by the Getty last January to repatriate a stone “Head of Hades“ to the Archeological Museum in Aidone, Italy. Getty officials were swayed by the discovery of fragments of curls from the head near Morgantina, Sicily, which the museum said was the site of illegal excavations in the late 1970s. Many antiquities in museums do not have unbroken chains of custody stretching back to the moment they left a source country. In some cases, the absence of records may well be evidence that they were exported illegally. In other cases, it may only show that until recently many ancient items changed hands without copious documentation because challenges to ownership were infrequent.

In such instances, the decision to return an item — or not — may require research to find, for example, that it had passed through the hands of a dealer with some history in the illicit trade. Still, the evidence will often be far from definitive, meaning many decisions become judgment calls.

“The act of returning is based on an ethical judgment informed by evidence but not necessarily by a ‘smoking gun,’ “ said Maxwell L. Anderson, director of the Dallas Museum of Art and chairman of Association of Art Museum Directors’ task force on archaeological materials and ancient art.

In 2011, the Museum of Fine Arts, Boston, agreed to return the top half of an 1,800-year-old statue, “Weary Herakles,” to Turkey, but the decision only came after years of dispute. Turkey argued the statue had been looted from an excavation site in the 1980s. A dealer involved in selling the object to the museum had asserted the statue was in Germany in the 1950s. The debate continued even after the dealer’s story was debunked, and after a plaster cast of the base of the statue, still in Turkey, was matched in 1992 to a cast of the top half.

The decision to return was delayed by other issues: The museum shared ownership of the piece with collectors until 2003, and restitution was opposed by the longtime curator of its classical antiquities department, who died in 2008. Since then the museum has become among the most active in returning acquisitions with dubious paper trails.

“As we strive for greater diligence today, these past acquisition mistakes provide our greatest learning tool,” Victoria Reed, the museum’s curator for provenance, said in an e-mail.

The Justice Department, acting on behalf of Egypt, said that it has sufficient evidence to compel the St. Louis Museum of Art to return an ancient Egyptian burial artifact, the Mask of Ka-Nefer-Nefer. The museum bought the mummy mask for $500,000 in 1998. The government contends in court, where it has sued the museum to secure the object’s return, that it was stolen from a storage case in the 1950s, and that the dealer who sold it to the museum has a history of trafficking in illegally obtained objects.

The museum’s director, Brent R. Benjamin, said that the institution “takes seriously any suggestion that it illegally or improperly possesses any object,” but that it is the rightful owner.

Museum officials said that as they ponder the validity of claims, they must also weigh their financial duty to trustees, donors and the general public, which supports such collections through tax benefits and sometimes direct government support. One worry of theirs is that a return based on noble sentiments, but scattershot evidence, only opens a museum to a time-consuming flurry of similarly meritless demands.

Still, if keeping an object threatens to “damage a museum’s reputation,” a director might well decide the “best course of due diligence would be to return it,” said Arthur Houghton, a former curator at the Getty who has represented museums as a member of the State Department’s cultural property advisory committee.

“Evidence is only one component of the analysis,” Mr. Urice said. “Of equal, if not greater, significance are the ethical issues presented. A museum has a duty to consider more than just evidence.”

"Museums Faulted on Restitution of Nazi-Looted Art" @nytimes - The George Lindemann Journal

Museums Faulted on Restitution of Nazi-Looted Art

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By Erik Olsen

Heirs Fight Museums to Reclaim Art: Marty Grosz, the son of German artist George Grosz, seeks the return of some of his father’s works that were acquired by the Museum of Modern Art in New York.

By PATRICIA COHEN

Published: June 30, 2013

Not until 1998, when 44 nations including the United States signed the groundbreaking Washington Principles on Nazi-Confiscated Art, did governments and museums formally embrace the idea that they have a special responsibility to repair the damage caused by the wholesale looting of art owned by Jews during the Third Reich’s reign.

Now, 15 years later, historians, legal experts and Jewish groups say that some American museums have backtracked on their pledge to settle Holocaust recovery claims on the merits, and have resorted instead to legal and other tactics to block survivors or their heirs from pursuing claims.

In recent years judges have dismissed several cases after museums argued that recovery claims had been filed too late. California legislators were so disturbed by one blocked claim there that they passed a law in 2010 to help Nazi-era (and other) claimants avoid tripping over legal deadlines.

In some of the cases, museums like the Detroit Institute of Arts, the Toledo Museum of Art in Ohio, the Museum of Fine Arts in Boston and the Solomon R. Guggenheim Museum have tried to deter claimants from filing suit by beating them to the courthouse and asking judges to declare the museums the rightful owners.

Critics also charge that museums have not followed their own guidelines, which urge them to be forthcoming with provenance information that could help people trace the history of a contested work of art.

“The response of museums has really been lamentable,” said Jonathan Petropoulos, the former research director for art and cultural property for the Presidential Advisory Commission on Holocaust Assets, who has been hired by claimants to do research. “It is now so daunting for an heir to go forward.”

The question of whether museums are deciding claims on the merits has recently been pushed to center stage again by a series of law journal articles, legal forums and rulings in the United States and abroad. At stake in this emotional debate are the fate of valuable works of art, the reputations of elite cultural institutions and the legal issue of whether the American judicial system is capable of addressing restitution claims.

Both the Association of Art Museum Directors and the American Alliance of Museums insist that their members consistently follow ethical guidelines requiring them to respond “quickly and scrupulously” to restitution requests.

Christine Anagnos, executive director of the museum directors association, said its members were committed “to resolving questions about the status of objects in their custody.” Most cases, she said, are resolved through negotiation before claimants feel compelled to file suit.

Museum officials also say they turn to procedural tactics like invoking time limits only after they have carefully researched a claim and concluded that it is unfounded.

But Stuart E. Eizenstat, a former special State Department envoy who negotiated the Washington Principles, said museums have adopted a harder line in the last seven years or so, partly in response to some court victories by art institutions and waning pressure from the government.

“The essence of the Washington Principles comes down to one sentence,” he said. “Let decisions be made on the merits of the case rather than technical defenses.”

No one disputes that, even with databases that list looted art, it takes considerable effort and money to track artworks from Nazi-occupied countries, which typically have gaping holes in their provenance.

There is also agreement that not all claims are valid, which requires that museum directors respond cautiously to safeguard their collections.

Simon J. Frankel, a lawyer who has represented the Museum of Fine Arts in Boston, pointed out in a recent law journal article that since 2010, when the museum went to court to block a Nazi-era restitution claim, it has settled with the heirs of two Jewish art dealers and returned a 14th-century embroidered panel to a museum in Trento, Italy.

Neither side can agree on how many people have approached American museums with restitution claims. The museum directors association, which emphasizes that few cases end up before a judge, lists two dozen cases where institutions, including the Detroit Institute of Arts, returned art to individual heirs without going to court.

But critics, including the Holocaust Art Restitution Project and the Commission for Art Recovery, say problems arise in the less straightforward cases, where documentation is missing or it is unclear whether Jewish owners freely parted with a work of art or were coerced by the Nazi authorities into selling it for a pittance.

Mr. Eizenstat is among those who have long argued that the courts are inherently ill suited to resolving restitution cases and that to avoid litigation the United States should create an independent mediation board, as several European countries have. This spring, a New York chapter of the Federal Bar Association put forward a resolution calling for the creation of an American commission along those lines.

Douglas Davidson, the State Department’s current special envoy for Holocaust issues, said at a conference at The Hague in November that “alternatives to litigation are preferable,” but he conceded that a similar American commission is unlikely to emerge. One major obstacle is that whereas in Europe, museums are typically government-owned, most American museums are privately run, making it difficult to mandate compliance.

Such panels are not necessarily insulated from criticism in any case. The Dutch Restitutions Committee, for example, drew criticism last month after it ruled that the interest of two museums in retaining paintings outweighed the heirs’ interest in restitution.

Raymond Dowd, a partner at the Manhattan firm Dunnington, Bartholow & Miller who often handles restitution claims, complains that museums often review the evidence and decide on their own if a case is valid. Museums often fail to make their original research on a work’s provenance or sale available or to submit the scholarship to peer review, he added.

He cited the case of a family that is seeking to recover art once owned by Fritz Grunbaum, a popular Viennese cabaret performer who died at a concentration camp. He said that 10 American museums including the Allen Memorial Art Museum at Oberlin College have works by Egon Schiele that were listed on a 1938 German government inventory created after Mr. Grunbaum was shipped to Dachau. Some of the museums failed to provide full information about the provenance of the works, he said, and the Allen did not even list Mr. Grunbaum in the Schiele’s provenance.

Andria Derstine, the Allen’s director, said in an e-mail that the museum had cooperated with Mr. Dowd’s requests for information and that it has concluded after its own investigation that the claim had no merit. It did revise its online listing last month to reflect that Mr. Grunbaum once owned the Schiele.

For years, the family of the artist George Grosz has fought to recover three works from the Museum of Modern Art, arguing they were the subject of a forced sale after Grosz fled the Nazis in 1933.

A federal judge dismissed the Groszes’ lawsuit in 2011, citing the statute of limitations. Before the case landed in court, the museum hired researchers at Yale University and the former United States attorney general Nicholas deB. Katzenbach (who died in 2012) to review their evidence. Katzenbach concluded that Grosz’s Jewish dealer, Alfred Flechtheim, had fair title to the works and freely sold them. The Groszes’ own experts, though, challenged his report and declared that Flechtheim was forced to flee Germany after his Düsseldorf gallery was “Aryanized” in 1933 and given to a Nazi Party member.

That interpretation was affirmed in April by a ruling from the German government’s advisory commission on plundered art in an unrelated case involving the Museum Ludwig in Cologne. While there is “an absence of concrete evidence,” the commission concluded that on balance, “it is to be assumed that Alfred Flechtheim was forced to sell the disputed painting because he was persecuted.”

Margaret Doyle, a spokeswoman for MoMA, said the museum has no interest in retaining works to which it does not have clear title. “After years of extensive research,” she said, “including numerous conversations with Grosz’s estate, it was evident that we did in fact have good title to the works by Grosz in our collection and therefore an obligation to the public to defend our ownership appropriately.”

But George Grosz’s son Martin, 83, points to a letter his father wrote in 1953 after seeing one of the works, “The Poet Max Herrmann-Neisse,” hanging at MoMA: “Modern Museum exhibits a painting stolen from me (I am powerless against that) they bought it from someone, who stole it.”

 “I can remember talking with my father about it,” he said of the painting.

“He was very reluctant to in any way assail or complain about the treatment he got from anybody in the United States,” Mr. Grosz said, explaining why his father never fought to recover the work.

When refugees complained, Mr. Grosz said, his father would respond: “You should kiss the ground you’re walking on because they let you in.”

"Contemporary Art, Media and Notoriety" @nytimes - The George Lindemann Journal

Contemporary Art, Media and Notoriety

Jean-Michel Basquiat's painting "Untitled" set a world auction record for the artist when it sold at Christie's on Tuesday for £18.76 million.

By SOUREN MELIKIAN
Published: June 28, 2013

LONDON — Even minor auctions can herald small changes in a shrinking market.

The sales of contemporary art held here this week at Christie’s and Sotheby’s were surprisingly thin. Perhaps consignors feared that in these times of recession buyers might not fully respond to art that is not always obvious. After all, who can guarantee that a sponge dipped in blue paint will forever be recognized as a work of art?

One of those actually got that accolade Tuesday at Christie’s, where 51 lots sold for £70 million, about $106 million, but, annoyingly, 13 others were left stranded. You never can tell.

Luckily, one picture accounted for almost a quarter of the proceeds. Jean-Michel Basquiat’s painting “Untitled,” done in 1982 when the young American was 21, is executed in the cartoon manner that remained his trademark until his death six years later. The rough lines and the color spread in random fits of child-like enthusiasm simulate street graffiti. The outsized picture set a world auction record for the artist at £18.76 million.

The next three top prices for paintings greeted works that all differed hugely from each other.

A landscape painted with considerable skill by Peter Doig brought £7.34 million. Dated 1994, “Jetty” is filled with an atmosphere of mystery, at once lyrical and threatening. A small shadowy figure stands on a jetty gazing at a boat in the distance against a backdrop of dark olive shot through with white streaks suggestive of a snowy mountainside.

Touches of color applied with the tip of the brush create a scintillating pointillist effect that contrasts with the hazy dark tree shapes in the foreground. The landscape, which reconnects with the traditional painter’s art in an innovative style, is far removed from Basquiat’s picture.

So is the next one down on the price scale, Nicolas de Staël’s “Marseille,” which sold for £3.08 million. The supposed view of the French Mediterranean harbor painted in 1954 is effectively an abstract work in which the vague memory of structures defies identification. The violent color contrast in red and blue sends back an echo to a letter written by the Russian-born artist: “One never paints what one sees or thinks one sees; rather one records the shock one has received.”

The third highest price for a picture at Christie’s, £2.8 million, says all about the enduring fascination for the 1960s, when Pop Art broke out on the New York scene. Roy Lichtenstein’s “Cup of Coffee” dates from 1961. The linear monochrome image that recalls some posters of the period is a far cry from the strongly colored style inspired by comic strips that defines Pop Art. This makes the price quite extraordinary. It apparently greeted the name as much as the picture.

If doubts lingered on that score, the £2.7 million paid for the sponge dipped in blue paint by Yves Klein would dispel them. “SE 181,” as Klein called the sponge stuck on a metal stem also painted blue, is signed and dated 1961, a year before the French artist’s death at age 34. Some might believe that there is a limit to the time you can spend gazing in admiration at a blue sponge. But Klein has been celebrated for several decades and his name looks good in an inventory.

In short, notoriety defined by the media, whose role in the making of contemporary art prices has steadily increased over the past 50 years, is the common denominator among the paintings that performed well at Christie’s. That criterion is equally relevant to three-dimensional art.

A world record auction was thus established for Eduardo Chillida when an eight-meter-high chunk of steel executed in 2001 sold for £4.09 million. The 26-foot rectangle that broadens at the top, like some anvil wrought for a world of giants, was called by the Spanish artist, “Buscando La Luz IV” (Looking for the Light IV). The cryptic title goads viewers into marveling about the exact meaning of the 17-ton piece, which can certainly not be ignored. And therein lies the deeper reason for the gigantic price. Call it the “shock and awe” effect that is a fundamental factor in the success of contemporary art.

That same criterion worked at Sotheby’s on Wednesday evening, where the auction of contemporary art was just as disparate. Of the 68 works offered, 53 found takers, realizing £75.8 million.

Topping the lot was Francis Bacon’s “Three Studies of Isabel Rawsthorne,” which was dated 1966 and made £11.28 million. It was not quite the roaring success expected by its owner, as may be gathered from the £10 million to £15 million estimate plus a sale charge in excess of 12 percent. Even so, the price paid for a triptych of three small portraits was phenomenal. The consignor who bought the Bacon at Christie’s in 2004 for £2.35 million can hardly feel sorry for himself. A glance at the three faces that seem to be melting away in Bacon’s best nightmarish manner is enough to reveal that the triptych is not the easiest work to sell.

The second highest price, £10.44 million, also greeted a Bacon, “Head III” painted in 1949. The arresting bespectacled face has a ghoulish expression as it peers through vertical streaks of gray and white that resemble rainwater brushed by wind across a dingy glass pane.

A Lucio Fontana of a rare type fetched the third top price at Sotheby’s. “Concetto Spaziale, le Chiese di Venezia,” which went for £4.45 million, is a square composition in which two yellow crescent moons are confronted in a nondescript space painted a deep purple. Holes have been irregularly cut through the entire surface. Never mind that the title does not make the meaning of it all any clearer. It is big and it catches the eye from far away. That rescued the Fontana, sold under the lower end of the estimate.

Two lots down, it was the turn of a 1959 abstract painting by Pierre Soulages to fetch a large price, £4.33 million. Enormous strokes of blue color are piled on top of each other. Violence is conveyed by the thrust of the brushwork. At Sotheby’s viewing, the picture had a compelling presence that struck me as dwarfing whatever happened to be nearby.

In the same vein, the fury conveyed by the slashes cut through another Fontana canvas, this one painted white, helped “Concetto Spaziale, Attese” from 1965 to match the reserve price — at a steep £4.33 million. The consignor earned the right to some self-congratulation — in 1997, the Fontana cost him or her £155,500, also at Sotheby’s London.

Unfortunately for contemporary art consignors, the impact of a visual shock cannot be guaranteed to last forever. Buyers in search of security have a weak spot for artists no longer alive. They instinctively feel their art has been consecrated by the passage of time.

Hailed for decades in the media, artists as far apart as Bacon, de Staël or Lichtenstein are perceived as equally entrenched in the cultural history of the recent past. The works do not matter so much for what they are as for what has been written about them.

Yet the state of the market this week suggested that those holding contemporary art and postwar works by artists now dead fear that even that is no longer an iron-clad guarantee of future success.

The New York November auctions will tell us whether the consignors’ reticence this week was a mere passing fit of bad feeling. Should it persist, it could adversely affect market values.

"Water managers weigh putting South Florida lands up for sale" @miamiherald - The George Lindemann Journal

 FILE Wetlands at the SW corner of SW 157th Avenue and SW 8th street now owned by the South Florida Water Management District and outside the Urban Development Boundry where Florida International University wants to move the Miami-Dade County Fair and Exposition which is now at SW 107th Avenue and SW 24th street and expand FIUs Medical School to the current sight of the fair near the college campus Environmentalists say the proposed move would endanger the everglades Tuesday February 14 2012

By CURTIS MORGAN

Cmorgan@MiamiHerald.com

The South Florida Water Management District, one of the state’s largest landowners with some 1.5 million acres ranging from wild banks of the restored Kissimmee River to bird-covered marshes at the southern end of Miami-Dade County, is pondering unloading some of its vast holdings.

Environmentalists are closely watching what the district is calling a “land assessment process,” worried that an agency that has been forced to slash its budget over the past few years by Gov. Rick Scott and the Legislature may shed important acreage that could shrink wildlife habitat, compromise Everglades restoration projects or, worse, wind up in the hands of developers.

The district’s initial assessment, for example, includes 209 acres along Old Cutler Road bordering Biscayne Bay in Cutler Bay, which includes a 138-acre chunk the district purchased for $24.5 million less than three years ago to protect it from pending conversion into suburbia.

“Are we really going to get into the business of the South Florida Water Management District selling land fronting Biscayne Bay to a private developer?’’ said Charles Lee, director of advocacy for Audubon of Florida.

Water managers insist that’s not the intention and say they expect to keep the vast majority of the lands. One goal is to transfer or swap parcels to other government agencies, where they would continue to be used as conservation or recreation areas. The district, for instance, is negotiating transferring ownership of the 3,300-acre-plus Strazzulla wetlands in Palm Beach County to the bordering Loxahatchee National Wildlife Refuge.

“Clearly, we would like to see that lands bought with public money continue to be used in some public fashion,’’ said Tommy Strowd, the district’s deputy executive director.

But water managers also won’t rule out that some scattered tracts that no longer serve useful purposes may wind up for sale to private bidders — but only after another round of more thorough evaluation and appraisals, public comment and approval from the agency’s governing board.

Lawmakers ordered the state’s water-management districts to slash property tax rates by nearly a third several years ago, but Strowd said the district is not pursuing the assessment as a money maker — though it could wind up saving millions in maintenance costs.

It comes, he said, as part of an initiative ordered by Scott for every state agency to analyze whether public lands they manage fulfill “core missions.” In the case of the district, that’s defined as flood protection along with maintaining water supply, water quality and the ecological health of natural areas.

Some of the district’s parcels are clearly a poor fit — like the graceful home and 16-acre estate of former state lawmaker Edna Pearce Lockett along the Kissimmee River in Highlands County, which the district wound up with as part of a 1993 deal to acquire 423 surrounding acres. But other agencies have since passed on offers to take it over, largely because of the expense of maintaining it.

The district is initially analyzing only half its land, about 750,000 acres it owns outright without any sort of easements or other complicating restrictions. The biggest chunk lies in the Everglades region, which covers much of Miami-Dade, Broward and Palm Beach County and includes an array of critical restoration and clean-up projects. Some are already constructed, such as the massive artificial marshes used for cleaning up farm pollution, but many others are in the works or awaiting future approval and funding.
The area also includes other important swaths of wild lands. One is the so-called East Coast Buffer, which winds from western Palm Beach County down through Miami-Dade along the border of Everglades National Park and was intended to preserve a transitional area between Southeast Florida’s sprawling suburbs and the marshes to the west. There are also sprawling wetlands in South Miami-Dade as well as some of the last remaining large chunks of undeveloped land along southern Biscayne Bay.

The district hasn’t yet identified specific Everglades parcels to formally consider for land swaps or to “surplus” for potential sale to private owners. But the most likely targets are isolated tracts in areas where plans for restoration projects have fallen through or been scaled back. Those include the Las Palmas area of west Miami-Dade, once known as the 8.5 Square Mile Area, as well as the Bird Drive basin east of Krome Avenue and north of Tamiami Trail, where the district owns a checkerboard of small wetland tracts, many of them overrun with exotic vegetation.

At a Wednesday workshop at the district’s headquarters in West Palm Beach, environmentalists urged water managers to preserve as much as possible and not undervalue land that might temporarily be choked by exotic vegetation. Even degraded lands provide critical habitat for birds and other wildlife, help recharge ground water and control flooding, said Laura Reynolds, executive director of the Tropical Audubon Society in Miami.

Land can easily be restored, she said, but “even just sitting there open land is incredibly valuable.”

Drew Martin of the Loxahatchee chapter of the Sierra Club urged the district to apply protective conservation deed restrictions to any land it may decide to give up to other agencies or counties.

“We forget, these lands were purchased for a reason and that was to provide a buffer for natural areas,’’ he said

Representatives from the U.S. Interior Department, Loxahatchee refuge and Miami-Dade County government also urged water managers to proceed cautiously.

Gwen Burzycki, a special-projects administrator for Miami-Dade’ environmental division, said both the county and district had invested a lot of time and money to protecting and managing wetlands.

“It would be a financial travesty to let these lands go after we have put so much effort into getting them into shape,’’ she said.

Ray Palmer, section leader of the district’s real estate division, said the process of deciding what and how to surplus any parcels was complicated. For starters, at least two dozen different sources of state, federal and county funding have been used to acquire land over the decades, and many , from the Florida Save Our Everglades trust fund to assorted other state, county and federal programs. Many of those programs came with covenants that restrict how land can be used, swapped or sold and could require approval from other agencies.

The district staff intends to come up with an initial list of proposals for the Everglades region in August and, after another period of public comment, present a final list to the district’s governing board in September. A list for a region north of Lake Okeechobee presented to the board last month included some 6,200 acres of land for disposal.

Water managers said they have no target number they are shooting for. Palmer said he expects a very small percentage of land in the Everglades region to make the list.

"Supreme Court gives landowners big win in Florida case" @miamiherald - The George Lindemann Jornal

The George Lindemann Journal

By CURTIS MORGAN

Cmorgan@MiamiHerald.com

The U.S. Supreme Court gave the family of a Central Florida landowner – as well as property owners and developers across the state and country – a significant victory on Tuesday with a ruling that stands to make it tougher and more expensive for government agencies to protect the nation’s dwindling wetlands.

In a 5 to 4 decision, the court found that the St. Johns River Water Management District had imposed excessive demands on Coy Koontz Sr., who was denied a permit to build on a 15-acre plot outside of Orlando unless he offset or “mitigated” for paving over wetlands by restoring wetlands owned by the district several miles away.

Koontz died several years ago but his son, Coy Koontz Jr., said the family was ecstatic at winning a land-use legal battle dating back nearly two decades and giving other landowners “a bigger stick” to fight similar cases in the future.

“As my wife said, it certainly vindicates my father’s decision to take this fight on,” Koontz said during a media conference call organized by the Pacific Legal Foundation, a private property rights advocacy group that represented the family in the case.

Foundation attorney Paul Beard said the ruling would help protect landowners and set a higher bar for government regulators. “Anyone who owns a home or business and wants to make use of it, they will no longer be subject to willy-nilly extortion demands from permitting agencies,” he said.

But environmentalists, echoing dissenting justices, also warned that the ruling could weaken or undermine wetlands protection laws and other land-use regulations. Similar off-site “mitigation” agreements have long been an important tool for federal, state and local regulators trying to enforce a national “no net loss” of wetlands policy established by President George H. W. Bush in 1988.

The case started in 1994 when Koontz applied to dredge and fill 3.7 acres of his land while preserving the rest of the tract in Orange County’s Econlockhatchee River basin. The district rejected his plan, instead giving him the option of building on one acre or paying to restore district-owned wetlands several miles away to compensate for the environmental damage of plowing under wetlands on his own land.

Koontz sued instead, arguing the district’s demands constituted an illegal “taking” by denying him use of his land without fair compensation. He won a $376,000 award at a trial court level but the Florida Supreme Court overturned that decision in 2011, accepting the district’s argument that nothing had actually been taken from Koontz since he retained ownership of the land.

On appeal, the federal high court found the district actions violated Koontz’s property rights.

Justice Samuel Alito, writing for the conservative majority, said the district over-reached, failing to meet two key tests established in earlier rulings requiring agencies to show a “nexus” and “rough proportionality” when demanding that a property owner take actions or pay for outside work, such as wetlands mitigation or road widening, in order to obtain a permits.

The case, he wrote, underlined the “risk that the government may deploy its substantial power and discretion in land-use permitting to pursue governmental ends that lack an essential nexus and rough proportionality to the effects of the proposed use of the property at issue.”
Justice Elena Kagan, in a dissenting opinion for the court’s four liberal justices, agreed regulators should properly justify demands but that shouldn’t rule out requiring landowners to pay for mitigation work as part of getting a permit.

The majority ruling, Kagan wrote, could reduce government flexibility, expose local governments to a new slew of takings cases and force courts to sign off on everyday zoning and land-use decisions.

“The boundaries of the majority’s new rules are uncertain,’’ she wrote. “But it threatens to subject a vast array of land-use regulations, applied daily in states and localities throughout the country, to heightened constitutional scrutiny.’’

The array of briefs filed in the case reflected the high stakes. They came from the Obama administration, environmental groups like Audubon and builders groups like the National Association of Home Builders.

Julie Hill-Gabriel, Audubon’s director of Everglades policy, said it will take some time to determine how agencies respond to the ruling but suspects that, at the very least, it would reduce their flexibility.

Miami attorney Kerri Barsh, a land-use lawyer for Greenberg Traurig who represents rock-mining interests, said she did not believe the ruling would have any sort of chilling effect on regulators but it could level the playing field by opening the door for landowners to file “takings” challenges even before permits are formally issued.

She said it also raises questions about the future of mitigation banking, a common practice in South Florida where developers pay to restore wild tracts that are often miles or even counties away from their projects.

Patrick Gillespie, a spokesman for the Florida Department of Environmental Protection said the decision “clarified the constitutional protections that must be afforded to landowners” and said the agency would work with water districts to ensure legal issues would be addressed.

The George Lindemann Journal

"On Everglades, Florida gives Big Sugar another break" @miamiherald

 JUDAH

BY RAY JUDAH

ray.judah@icloud.com

The most deceptive and egregious action against taxpayers during the 2013 Florida legislative session was passage of HB 7065 and SB 768, which amended the 1994 Everglades Forever Act.

Rep. Matt Caldwell, R-Lehigh Acres, sponsored HB 7065 under the guise of increasing the sugar industry’s funding commitment to Everglades restoration when, in fact, his proposed amendment was a smoke screen to ensure that the sugar industry would be able to limit or cap its long-term obligation to fund Everglades restoration.

The 1994 Everglades Forever Act, which was ostensibly written to restore the Florida Everglades, capped the sugar industry’s clean-up costs at $320 million and obligated the public taxpayers for the remainder of the $16 billion restoration project. The so-called privilege tax of $25 per acre that the sugar industry pays to continue its discharge of pollution runoff to the Everglades, as well as to the Caloosahatchee and coastal estuaries, amounts to about $11 million per year. A truly insignificant sum in contrast to the billions required from the public to restore the Florida Everglades.

The $25 per acre privilege tax was scheduled to be reduced to $10 per acre in 2017 but the Caldwell amendment extended the $25 per acre to 2026. To the casual observer it would appear that the legislative action would ensure that the sugar industry continued to help fund Everglades restoration.

In actuality, the legislation provided the sugar industry the comfort level or certainty that its long term-funding commitment towards Everglades restoration would be significantly limited in scope. Instead of defending the sugar industry and suggesting that the taxpayers contribute an even greater amount to Everglades restoration, Rep. Caldwell should have supported an amendment to the Everglades Forever Act that increased the $25 privilege tax.

This would have ensured that the sugar industry paid its fair share towards Everglades restoration as opposed to the sugar industry continuing to receive special treatment as the Florida Legislature’s favorite welfare recipient and shift the tax burden onto the backs of the public.

Caldwell is quick to point out that the Everglades Foundation and Florida Audubon supported HB 7065, but the Sierra Club and The Conservancy of Southwest Florida took an opposing position that the legislation did not go far enough to level the funding formula between the sugar industry and the taxpayers for Everglades restoration.

In fact, the Everglades Foundation and Florida Audubon only struck a compromise to support HB 7065 because Caldwell was supporting an earlier version of an amendment that would have greatly weakened water quality standards and removed the 1993 Statement of Principles that had been a guide for restoration efforts over the last 20 years. With the objectionable provisions removed in the final draft amendment, the Everglades Foundation and Florida Audubon were in damage control mode and reluctantly accepted the continuation of an inequitable funding formula for Everglades restoration.

To put the sugar industry’s $11 million annual contribution to Everglades restoration in perspective, Lee County taxpayers pay in excess of $30 million per year to the Okeechobee levy for work by the South Florida Water Management District in the Everglades Agricultural Area to provide drainage and irrigation of the sugar cane fields south of Lake Okeechobee. Lee County’s return on the investment is polluted water, fish kills and harmful algae blooms including red tide.

Certainly, the more conservative and responsible approach would be to support public policy that protects the interest of struggling taxpayers and hold the sugar industry accountable for the destruction of precious public resources including the Everglades, Lake Okeechobee, Caloosahatchee and St. Lucie rivers and coastal estuaries.

The people have a right to know the truth, and it is time for the public to demand that the Florida Legislature represent the public interest and not the special interest.

Ray Judah is a former Lee County commissioner.

Read more here: http://www.miamiherald.com/2013/06/09/3439599/on-everglades-florida-gives-big.html#storylink=cpy

"Miami-Dade commissioners sign off on initial fee hike to pay for water, sewer repairs" @miamiherald

By Patricia Mazzei

pmazzei@MiamiHerald.com

Miami-Dade commissioners gave the go-ahead Tuesday for the county to raise its water and sewer fees to help pay for a multi-billion dollar plan to repair an antiquated water and sewer system.

Fees will go up by 8 percent in the 2014 budget year beginning Oct. 1. That money is projected to raise $30 million a year to back $4.25 billion in bonds — also authorized Tuesday — to fix the county’s crumbling pipes and pump stations.

The initial fee hike will amount to an additional $3.36 per month for the average residential user, according to county administrators, increasing the monthly bill to $45.39 from $42.03. Water and sewer bills are issued every three months.

Over the next five years, county residents could see the typical quarterly bill rise to $180 from $135, or an increase of 33 percent. More fee hikes are expected after the 2014 budget.

“We want to keep our rates as low as possible,” said Mayor Carlos Gimenez, who characterized the increase as necessary. Last year, Gimenez’s budget projected a 9 percent hike for the 2014 budget.

Commissioners last month approved a major agreement with the federal and state governments to settle the county’s violations of environmental laws. The settlement, called a consent decree, requires Miami-Dade to commit $1.6 billion over the next 15 years to upgrade its sewer system.

Had the county not signed the agreement with the U.S. Department of Justice, U.S. Environmental Protection Agency and the Florida Department of Environmental Protection, those agencies could have imposed steeper penalties on Miami-Dade.

Commissioners were less than happy about having to impose the fee hike. They blamed past commissions for not investing in the aging system and said the improvements could be put off no longer.

“There’s a trend here: Don’t do anything,” Commissioner Esteban “Steve” Bovo said of his predecessors. “Sooner or later somebody will sue you and force you to do it.”

“It’s distasteful,” he said of the hike. “I get it. But let’s move forward already.”

Emilio Azoy, who represents unionized workers at the water and sewer department, praised commissioners for swallowing the bitter fee-hike pill.

“For years, we have not had the resources we need” to maintain the pipes, he said before his statement was cut short due to board-imposed speaking time limits. “Rates have been held low for political reasons.”

The board voted 12-1 for the increase, with Chairwoman Rebeca Sosa, Vice Chairwoman Lynda Bell, Bovo and Commissioners Bruno Barreiro, Jose “Pepe” Diaz, Audrey Edmonson, Sally Heyman, Barbara Jordan, Jean Monestime, Dennis Moss, Xavier Suarez and Juan C. Zapata voting in favor.

Commissioner Javier Souto voted against. “It concerns me because in my community there’s a lot of poor people, too,” he said.

Water and sewer department administrators said fees for low-volume users who use less than 3,740 gallons of water a month would remain unchanged.

Souto and Suarez voted against the measure authorizing the issuance of the $4.25 billion worth of bonds, with Suarez questioning whether the board should OK the full amount all at once and whether the fee hikes would be able to back the bond sale. Gimenez and his deputies said their estimates were “conservative” to ensure the additional fee money would suffice.
Not all the bonds will be issued at the same time. Each portion sold by the administration will require prior commission approval. On Tuesday, the board approved the first $350 million sale, with Souto casting the lone dissenting vote.

The longest discussion related to the water and sewer fixes came over a pair of bid solicitations seeking firms to oversee and manage the projects. Gimenez took the extraordinary step last month of canceling the bids that been advertised after several commissioners complained that they had not had a say in the matter.

Underscoring the political weight of the large solicitations, commissioners on Tuesday continued questioning the administration over how many local and small businesses might be able to participate in the bids.

In the end, the board approved two amendments to the solicitations. The first, intended to dissuade selection committee members from giving an unusually high or low score to a bidder, will require the committee to throw out the highest and lowest bid scores.

The second, intended to insulate commissioners from lobbyists for the major firms that will likely vie for the contracts, will require the mayor to immediately sign the solicitations. That means the so-called cone of silence that prohibits firms from contacting elected officials regarding open bids will begin sooner — as early as this week.

Also Tuesday, the board:

• Delayed until September a Bovo-sponsored measure directing the elections department to make online absentee-ballot request forms more secure. The recommendation was proposed by a Miami-Dade grand jury in December.

• Delayed for at least another two weeks a vote on what to do with the approximately $2 million left over from the Miami Dolphins’ proposed referendum on public funding for stadium renovations. Commissioners and the mayor have conflicting proposals for the money unspent from the Dolphins’ nearly $4.8 million payment to cover costs for the election before it was canceled.

• Approved a request from the transit department to pay nearly $240,000 to MDI/The Start Group, a company hired to train employees between 2010 and 2011. The contract was supposed to be covered by a federal grant. But because the department did not follow proper rules to select and hire the firm — for example, it did not allow for competitive bidding — the expense was not eligible for reimbursement.

The problem was detected after new safeguards were put into place when the department came under review by the Federal Transit Administration. Police investigated and concluded no employees received improper benefits but rather that procurement rules were not followed, Director Ysela Llort told commissioners.

“This one is a confluence of a ton of errors,” she said. “We were out of compliance with our own regulations.’’

"At 90, Still Riveting the Mind’s Eye" @nytimes - The George Lindemann Journal

Ellsworth Kelly has been on earth for 90 years — his birthday was Friday — and he has been making abstract art for over 60 of them. Now the New York art world is treating him, and us, to a big party. His boldly colored, emblematic paintings and reliefs can be seen in five exhibitions around town. In unusually gorgeous terms, they attest to a lifelong fusion of austerity and high spirits, and a narrow yet deep exploration of pure colors and simple shapes.

The shows range from a mini-survey at the Mnuchin Gallery on East 78th Street, to an array of brand-new work at the Matthew Marks Gallery‘s three locations in Chelsea, to a radiant exhibition of Mr. Kelly’s 1971 “Chatham Series” at the Museum of Modern Art. The 14 paintings in the series have not been exhibited together since they made their public debut in 1972 at the Albright-Knox Art Gallery in Buffalo.

All told, these exhibitions present 82 works produced from 1951 to 2013. They reveal an artist who is making some of his strongest work right now, at times with a decidedly erotic undercurrent.

Mr. Kelly has spent much of his career romancing the vaunted monochrome in Modernist painting. He has approached this absolute without reverence or irony; it is simply the main building block of his art. For him, the monochrome has been something to particularize through shape and color, render in metal, or combine with another monochrome of a contrasting color, whether they are side by side or overlapping. The results are not so much paintings as crisp, flat objects devoid of spatial illusion. Yet the best of them are so perfectly made that we tend to forget about their physical nature, concentrating solely on their visual effects instead. Their perfection creates an aura of eternal newness that can sometimes seem antiseptic but just as often is central to their power.

Whether by plan or not, these exhibitions outline the three basic ways that Mr. Kelly has used monochrome panels. Consistent with its title, “Singular Shapes 1966-2009,” at Mnuchin, surveys his single-shape works. It starts with his first, “Yellow Piece of 1966,” a fat yellow rectangle with two rounded corners at the lower left and upper right. It could be the daffodil-colored emblem of a fifth suit of playing cards — something between a diamond and a heart.

The show’s most recent work is the declarative “Blue Curves” (2009). It instantly reads as a heart shape turned on its side with its point lopped off — and as breasts or buttocks. (The art historian Pepe Karmel notes in the show’s catalog that the artist himself has said as much.) It also resembles, fittingly, a capital B.

For the “Chatham Series” at MoMA, Mr. Kelly made shaped paintings using a brilliantly obvious method: abutting two ordinary rectangles to form an inverted L. The looming vertical paintings evoke giant rulers, or details of architecture, especially posts and lintels.

Each rectangle is decisively colored — red, blue, yellow, green, black or white — and their combinations pack a punch. There is a white rectangle above a black, and black above white, as well as black above red, blue, yellow or green. Red above yellow or blue. No two works have exactly the same measurements.

Seen in a quadrant of spaces formed by two intersecting walls, the “Chatham” paintings encourage a dizzying process of compare-and-contrast that is less about shape than about the perception of color in terms of weight, balance and proportion. From the end of one wall, you can see one painting that is red-blue and, in the opposite direction, one that is blue-red. From another juncture, two red-blue works with completely different proportions are visible, along with a black-white and a yellow-red with similarly squat proportions but no common color. After a while the show starts to feel subtly animated, as if the blocks of color were expanding or contracting, elongating and shrinking as you move around them.

The Chatham series is shown with a group of 40 small drawings and collages from 1951 whose geometric configurations presage, on a small scale, motifs later developed by artists as disparate as Sol LeWitt and Brice Marden. They also remind us that Mr. Kelly’s career lacks the traditional linear development of most artists of his stature. Most of his compositions first appeared in his works on paper in the 1950s and early 1960s, which he has repeatedly mined. Now he seems interested in circling back to translate them, almost verbatim, into larger sizes or heftier materials, or both.

That is the case with “Blue Curves” at Mnuchin, which is based on a 1956 collage reproduced in the show’s catalog. And such translations figure prominently in the shows at Matthew Marks. Here the third use of the monochrome — one laid on top another — often dominates, and the libidinous undercurrents continue.

At Mr. Marks’s newly renovated 24th Street gallery, four works from 2011 employ some abrupt curved shapes from the early collages and a green and orange painting from 1964. Now the shapes are separate canvases painted red, green, yellow, or blue, laid over white rectangles. More physically defined, these bulges suggest big, cartoonish tongues.

“Black Form II” (2012) in the big Marks space on West 22nd Street reiterates a double-lobed black motif from a 1962 collage. But now it is a funny, suggestive, magnificent wall relief, nearly 7 by 6 feet and over 4 inches thick, in aluminum painted a high-gloss black. The satisfying fat capital C that results looks as if one of Myron Stout’s meticulous black-on-white abstractions had been repurposed by Jeff Koons, only it’s better.

Another standout in the big West 22nd Street showcase is “Yellow Relief Over Blue,” from 2012. Basically it is a blue vertical rectangle whose bottom half is covered by a yellow almost-rectangle with a gently curved top edge. It’s like sunrise from the sun’s point of view. The blue and yellow are so intense and equal in strength that the physicality of the piece all but disappears. And the experience of pure, dense color is no less effective in the details. From the side, the continuation of the blue panel behind the yellow is breathtaking. It encapsulates, in miniature, the passion for color that fuels Mr. Kelly’s singular art.

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“Ellsworth Kelly: Chatham Series” runs through Sept. 8 at the Museum of Modern Art; (212) 708-9400, moma.org. “Ellsworth Kelly: Singular Forms 1966-2009” runs through Saturday at the Mnuchin Gallery, 45 East 78th Street, Manhattan; (212) 861-0020, mnuchingallery.com. “Ellsworth Kelly at Ninety” runs through June 29 at Matthew Marks, 523 West 24th Street, 502 West 22nd Street and 522 West 22nd Street, Chelsea; (212) 243-0200, matthewmarks.com.

By ROBERTA SMITH

Published: June 3, 2013

"A House Museum That Oil Riches Built" - @wsj - The George Lindemann Jornal

By WILLARD SPIEGELMAN

Tulsa, Okla.

Black gold, aka oil, turns into real gold, which often makes for artistic wealth and civic pride. Consider the case of this city in the green country of eastern Oklahoma, a landscape that resembles the gently rolling hills of adjacent Kansas, Missouri and Arkansas more than the dustbowl plains of the western part of the state or the Texas panhandle. Until the mid-1950s, Tulsa was the undisputed international capital of the oil industry. Men became rich, almost overnight. Some of them did great things with their gains.

Philbrook Museum

Of Art

www.philbrook.org

Waite Phillips (1883-1964), whose brothers had already amassed a major company in Bartlesville, developed his own petroleum company here and sold it in 1925 for the then-enormous sum of $25 million. That's when the real fun began. The grand result was his in-town villa, Philbrook, 72 rooms on 23 acres, which he had built in 1927 for himself, his wife and two children, and which he began filling with the art that still hangs on the walls and stuffs the cabinets here. This estate would not seem out of place in Hollywood. But the Phillips family stayed here for less than a dozen years. In 1938 they deeded the house to the city. Then they moved to the penthouse of a downtown skyscraper; and the Philbrook Museum opened in 1939.

The "house museum" is a lovely genre whose members include the more famous Frick Collection in New York and Gardner Museum in Boston. We go to them for the art and also to breathe the air and get a feeling for how the owner-occupants lived and what made them tick. Philbrook mixes Greek, Italian Renaissance, Baroque and Southwestern styles, the building covered by red-tile roofs, in an engaging hodgepodge. Its beautifully landscaped gardens, which include fountains and a classical tempietto, are the go-to spot for Tulsans who want backdrops for wedding photos.

Phillips had a taste for western things—his "man cave" rooms are on the ground floor—while his wife, Genevieve, went in for French style. The museum's collection has 12,000 items and constitutes a modest encyclopedia as well as a fortuitous anthology of Phillips and post-Phillips bequests, the most splendid of which are 40 Italian Renaissance works (34 paintings, six sculptures), a handout from Samuel H. Kress, the five-and-dime-store magnate who disposed of his vast holdings, most generously to Washington's National Gallery, throughout the mid-20th century.

Evan Taylor

The main Philbrook campus includes beautifully landscaped gardens.

Philbrook Museum of Art

www.philbrook.org

The Kress works at the Philbrook include some strong and interesting pictures: an "Enthroned Madonna" attributed to Gentile da Fabriano; Tanzio da Varallo's very buff St. John the Baptist (1627); a Madonna from a follower of Andrea Mantegna; a splendid small portrait of a bearded man attributed to Giovanni Bellini; and other impressive pictures by Carpaccio and Piero di Cosimo. For a schoolchild in the middle of the middle of the country, far from Chicago or even Kansas City, these works—no four-star masterpieces—define what we used to call the Renaissance. They are approachable (when I visited the museum in mid-April, it was as silent as a tomb) and all are in perfect condition.

Most of the Phillips furniture has gone, and the original building has been adapted for the display of art. Architectural additions have been made, but the bones of the house survive, as do charming details, like the frescoes by Philadelphia artist George Gibbs on the walls of the music room, which depict four "tempos" (Allegro, Andante, Rondo and Scherzo) in neoclassical tableaux with young girls who look like nothing so much as 1920s flappers with bobbed hair and flowing gowns.

Although the villa's low ceilings and dark rooms are not ideal for the display of art, French pictures by Rosa Bonheur, Eugène Boudin, William-Adolphe Bouguereau, Jean-Baptiste Camille Corot, Gustave Courbet, Charles-François Daubigny and Edouard Vuillard look pretty good. Even better, in an adjacent gallery added to the original house, is the Herbert and Roseline Gussman Collection (he was a New Yorker who moved to Oklahoma, one of several prominent Jewish oilmen in the state), 450 works that came to the Philbrook. Paintings by Wassily Kandinsky, Emil Nolde, Georges Roualt, Pablo Picasso, Raoul Dufy and André Derain comfortably command the wall space.

The appealing house really cannot display larger, modern and contemporary work. But on June 14 the museum is opening Philbrook Downtown, an industrial space, in the Brady Arts District. Like much of Tulsa, this wonderful old neighborhood of low brick buildings and unused warehouses is redolent of Art Deco style. New restaurants, galleries and lofts are springing up. Think Brooklyn, or even Berlin, on the Arkansas River. Much of this development comes courtesy of the George Kaiser Family Foundation. The new place will free up space in the villa for the display of some of the collection's 600 Asian works, none of which is up now. More American Indian pottery and baskets will come out of storage, and will be joined in the downtown facility by the newly acquired Eugene B. Adkins Collection.

Under the energetic leadership of Randall Suffolk, the museum's director since 2007, the Philbrook has increased attendance by 50% and changed its programming to include more family-friendly events. In a city where horrible race riots occurred 90 years ago, and which still bears traces of the American Indian displacement of the 19th and early 20th centuries, Mr. Suffolk proudly notes that 42% of the museum's visitors come from minority populations, versus an average of 9% nationally.

The downtown facility joins a complex of arts buildings (plus a lovely adjacent green space, on which concerts and exercise classes are already taking place) that includes the archives of Woody Guthrie, one of Oklahoma's most famous sons, embraced more warmly after his death than during his life. This socialist songwriting minstrel of the plains has been reborn, courtesy of his state's wealthy philanthropists. It's an appropriate irony. This land is everyone's land.

Mr. Spiegelman, who writes about the arts for the Journal, lives in Dallas.

The George Lindemann Journal

"New Guide in Venice" @nytimes - The George Lindemann Journal

New Guide in Venice

Samuele Pellecchia for The New York Times

Massimiliano Gioni, 39, the 2013 Venice Biennale curator is also the associate director and director of exhibitions for the New Museum. More Photos »

By CAROL VOGEL
Published: May 23, 2013

Massimiliano Gioni, the artistic director of this year’s Venice Biennale, was marveling at the rich history of this 118-year-old international contemporary art exhibition.

“Klimt showed there in 1905,” he said. “That is mind-blowing to me. Since then there has been Morandi and Picasso, Rauschenberg, Johns and so on. Maybe I’m romanticizing, but the past is still very present.”

On a rainy afternoon in April Mr. Gioni was having lunch at his regular haunt, a tiny Italian restaurant in Lower Manhattan near the New Museum, where he is associate director and director of exhibitions. His BlackBerry was buzzing with e-mails and his phone kept ringing. Yet Mr. Gioni, 39, ignored it all, speaking earnestly with his usual intellectual intensity jolted with unexpected moments of deadpan humor. He was explaining what it’s like to be the youngest artistic director in 110 years to organize the first, oldest and most venerable international art event in a calendar packed with an unrivaled number of them.

“Of course I’m nervous,” he said. “This is center stage and it’s difficult because it comes with so many expectations and so much history.”

As he braces for the art world to descend on Venice for three preview days beginning on Wednesday, followed by the public opening on Saturday, Mr. Gioni estimated that nearly 500,000 people would come to see the Biennale by the time it ends on Nov. 24. As artistic director, his job is not only to be the diplomatic face of the Biennale but also to organize an enormous exhibition in two sites: one in a central building in the shaded gardens at the tip of Venice where the national pavilions are, and the other in the nearby Arsenale, the meandering medieval network of shipyards. The job entails an overwhelming amount of juggling and his ambitious vision has only made it worse.

Even though Mr. Gioni was born in Italy — in Busto Arsizio, 40 minutes northwest of Milan — the logistics of working in a city like Venice are a notorious nightmare. Adamant that this will not be a boiler plate survey of contemporary art, Mr. Gioni has enlisted 158 artists, nearly double the number of the two previous Biennales.

“It will zigzag across histories, covering 100 years of dreams and visions,” said Mr. Gioni, noting 38 countries are represented. “A biennale can be pedagogical without being boring.”

“The Encyclopedic Palace” is the theme. It is taken from the title of a symbol of 1950s-era Futurism — an 11-foot-tall architectural model of a 136-story cylindrical skyscraper that was intended to house all the knowledge in the world. Its creator, the self-taught Italian-American artist Marino Auriti, dreamed it would be built on the National Mall in Washington. The model now belongs to the American Folk Art Museum in Manhattan, which is lending it to the Biennale. “It best reflects the giant scope of this international exhibition,” Mr. Gioni said, “the impossibility of capturing the sheer enormity of the art world today.”

Paolo Baratta, the longtime president of the Biennale, said that “after 14 years of having traditional curators I thought it was time to ask a man of the next generation.”

“At a time when contemporary art is flooding the world,” he added, “it seemed to make more sense to present a show that doesn’t just include a list of artists from the present but rather looks at today’s art through the eyes of history.”

Philippe Ségalot, a private art dealer, called Mr. Gioni “a rising star.”

“Even though he’s so young,” Mr. Ségalot said, “he’s already a brand and one of the most sought after curators around. As a result expectations are unusually high. Everyone wants to see what he’ll deliver.”

Mr. Gioni is mixing high and low, with masters mingling with self-taught and outsider artists. Besides Mr. Auriti, there will be work by names likely to be unfamiliar to even art world insiders. There are arcane objects like a deck of tarot cards created by the British occultist and artist Aleister Crowley, abstract paintings by the Swedish artist and mystic Hilma af Klint and shaker drawings on loan from the Hancock Shaker Village in Pittsfield, Mass. For one show within a show, the photographer Cindy Sherman is organizing an exhibition at the Arsenale. Known for photographing herself transformed into hundreds of different personas, including movie stars, Valley girls and menacing clowns, she appealed to Mr. Gioni because, he said, “image plays a big role at this year’s Biennale, and Cindy has spent her life representing herself as others.” Ms. Sherman is creating a kind of bizarre doll’s house with works by little-known artists, prison inmates and popular figures like Robert Gober, Charles Ray, Paul McCarthy and Rosemarie Trockel.

An old ship is coming by boat from Iceland; a 200-year-old church is en route from Vietnam; and dozens of contemporary artists need hand-holding while they grapple with installing videos or preparing for complex performances. “Right now I wish there was another me,” Mr. Gioni said with a sigh.

Besides organizing the event he has also been a fund-raiser. Money is always tight at any Biennale, and his budget of about $2.3 million simply wasn’t enough to cover his expenses. He has raised more than $2 million on top of that, he said, “mostly from private individuals and foundations and philanthropists.”

Although Mr. Gioni is considered something of a star within the close-knit world of contemporary art, he had a larger presence early in his career as the doppelgänger of the mischievous Italian artist Maurizio Cattelan. Mr. Cattelan, who is more than a decade older, routinely sent him in his place to do radio and television interviews and even lectures. The prank worked for a while, Mr. Gioni recalled, until a series of mishaps. He was speaking at a lecture organized by the Public Art Fund when Tom Eccles, its director, showed slides of Mr. Cattelan’s self-portraits. “It was obvious I wasn’t him,” Mr. Gioni recalled.

Then there was the time he posed as Mr. Cattelan on television and the station’s switchboard became jammed with viewers complaining that an impostor was on the air.

“Maurizio was so in demand and I liked it because I thought it was a way to be a committed critic, giving your words to an artist,” Mr. Gioni said.

Less than a month before the Biennale was set to open, Mr. Gioni could be found sitting around the dining room table of his apartment, a spare sun-filled East Village walk-up that he shares with his wife of three years, Cecilia Alemani, director of art at the High Line. With him were three assistants, each glued to laptops. Wearing jeans, a white shirt and red sneakers, Mr. Gioni had a way of juggling complex issues with a cool head, quoting wise words from a philosopher one moment and making a wry joke the next. The group was reviewing each artist in the exhibition, name by name, and checking the status of their work.

What about Roger Hiorns? Mr. Gioni asked.

“He’s concerned his installation will be too near a door,” replied Helga Christoffersen, an assistant.

Mr. Gioni explained, “It’s a pulverized altar from a church from England.”

“That’s going to be a big hit with the Catholic folks,” he said deadpan, receiving a big laugh from the group. (For the first time the Vatican is represented in its own pavilion at the Biennale.)

Camille Henrot? “Missing in action,” Mr. Gioni said slightly nervously.

The group then looked at images online of the “S. S. Hangover,” the Icelandic artist Ragnar Kjartansson’s fishing boat that will have six horn players performing on the water in the Arsenale for four hours every day for six months. “We’re working with a conservatory in Venice to find the players,” Mr. Gioni said.

When trying to visualize the installation of the circular entrance in the main pavilion where he plans to display 40 pages of Carl Jung’s “Red Book,” an illuminated manuscript on which he worked for more than 16 years, Mr. Gioni grabbed a ruler, went into the living room and measured out the space on the floor with masking tape, trying to figure out the correct height for the climate-controlled vitrine.

“He’s obsessed,” Mr. Cattelan said. “When he gets in bed at night he’s not just thinking about the big picture but also about the number of electrical outlets or the height of a video. He gets caught up in the details most curators normally don’t take care of. Being super bright helps; so does his superior knowledge of art.”

Mr. Gioni’s methods may be a bit unconventional, but then he didn’t come to the job in the same way as many of his predecessors. He never got a Ph.D. in art history; nor did he spend years climbing his way up the curatorial ladder. But at 39 he has had more hands-on experience overseeing biennales than anyone of his generation: In 2003 he was the curator of the section called “La Zona” at the Venice Biennale. In 2004 he was co-curator of the fifth edition of the traveling biennial Manifesta, a roving European event that was held that year in San Sebastián, Spain; in 2006 he organized the fourth Berlin Biennale in collaboration with Mr. Cattelan and Ali Subotnick, a curator at the Hammer Museum in Los Angeles. And in 2010 he was the youngest and first European director of the Gwangju Biennale in South Korea, its eighth, which attracted more than 500,000 visitors and got rave reviews.

Besides his role at the New Museum, where he has spearheaded many ground breaking shows including “The Generational: Younger Than Jesus,” its first triennial, he is also artistic director of the Nicola Trussardi Foundation in Milan. Lisa Phillips, director of the New Museum, said Mr. Gioni “sees curating as an art form.”

“He is terribly well read without being academic so that he can cut across centuries and create a new story,” Ms. Phillips said.

Although it all sounds like pretty serious stuff, but Mr. Gioni has a lighter side too. In 2002 Mr. Gioni, along with Mr. Cattelan and Ms. Subotnick, started “The Wrong Gallery,” a minuscule space that was little more than a doorway with a classic Chelsea aluminum-glass front door on West 20th Street. (In 2005 the spoof gallery was evicted, then decamped to the Tate Modern in London in 2005, closing three years later.)

Mr. Gioni’s parents are retired — his mother was a schoolteacher and his father was the manager of an ink factory. When he was 15 he moved on his own to Vancouver Island in Canada, where he attended the United World Colleges; later he received a degree in art history from the University of Bologna. The youngest of three siblings, he describes himself as the black sheep of the family.

To support himself through school he worked as a translator and eventually became editor of the Italian edition of Flash Art, where he met Mr. Cattelan; in 1999 he moved to New York as its American editor. He met Francesco Bonami, now an independent curator, and did some work with him. Mr. Bonami was the artistic director of the Venice Biennale in 2003 and it was he who asked Mr. Gioni to organize “La Zona” there. Ms. Phillips hired him at the New Museum in 2006 after seeing the Berlin Biennale, which she called “a standout.”

Despite the instantaneous nature of culture today and the proliferation of art fairs and giant exhibitions, Mr. Gioni still believes there is a place for biennales. “I grew up with them,” he said. “I saw my first one in Venice in 1993. They are no longer a fixed formula. This is the first decade of a new century and this show will deal with our age of hyperconnectivity, by looking at what goes on in our heads rather than online. It is about the synchronicity of the past, the present and the future.”

The George Lindemann Journal