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City trying to sell land deeded to city for a park

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Pinto

Member
undefinedWhat is the name of your state?
Washington
About 50 years ago a 5 acre of land was deeded to the City for a park by the city founding family,but the deed did not state that.
The small city of 1000 people understood this as a gift from the town's founding family for many years and have withstood several attempts over the last 25 years where the City tried to sell it off for building lots.
Now the City is making another run at trying to sell off these lots ,which offer a spectacular view of Mt. Ranier as they are on a hill,overlooking the City.The lots have been cleared of brush,making it an even more attractive site as a City Park and as building lots.
The lots are overlooking the City and are a four minute walk from a large housing development that is ongoing.
The heirs to the donator of this property have stated that they would sue if the City sells these lots off and violate the wishes of their father.

Since this has been an action item of several past city council and planning board meetings over the past 20-30 years and has always resulted in keeping the property as a Park,is it possible that this history has any strong case in court?

Arlen
 
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Brownfieldman

Junior Member
Since this has been an action item of several past city council and planning board meetings over the past 20-30 years and has always resulted in keeping the property as a Park,is it possible that this history has any strong case in court?

Unlikely.

What will probably control is the language of the deed itself, and perhaps the circumstances surrounding that transfer. It seems that the City owns the property in fee simple, with no restrictions on use or alienability, which would give the City the right to do with it as it pleases (subject to other applicable laws).

You may be able to show that the record of the past 20-30 years found some restriction in the original transfer (even though none is apparently stated in the deed), and this could help you now, but absent that I think the city can sell it to developers, assuming it is zoned, or could be zoned, for residential development. Perhaps you can seek re-zoning, with a legitamate purpose behind this.

Good luck
 
S

seniorjudge

Guest
Without seeing the language on the deed, this question cannot be answered.

If the people deeded the land to the city without any restrictions, then the city can do anything it wants with the land.

If the people deeded the land to the city with restrictions, then the city must follow the restrictions.
 

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