LINCOLN -- City officials thought the city owned Lincoln Square and the community building but there apparently are not any court documents out there to prove it.
Court records show the only deed on file dates back to 1903.
City Attorney Steve Zega is researching the building ownership and told City Council members in December, "I need to chew on this a little bit."
The problem, Zega said, is that the city does not have a deed to the property. Zega's recommendation to the Council is for the city to open a case in Washington County Circuit Court to settle the question of ownership.
He said he will discuss his recommendation at the Council's Jan. 21 meeting.
City Council member Terry Bryson first brought up ownership of the Square. Bryson last week said he was researching other property on the Washington County website when he clicked on the square.
"It popped up in the American Legion's name, and I thought, 'that's odd,'" Bryson said. "I threw the question out there and lo and behold, it's kinda murky."
Washington County's website shows American Legion Post #127, in care of the city of Lincoln, as the owner of Block 1, Public Square, City Hall Building, located at North Main Avenue. The square has about 1.5 acres, according to the county website.
"It was presented to me, "Can you find out who owns the building?" Zega said. "I started on it and I essentially found out who owns it, and it's not us."
However, Zega said he believes the city can argue it owns the land because it has been used as a public square for more than 40 years.
"I've been in Washington County since 1973," Zega said. "Ever since I've been here that piece of land has been the public square."
He pointed out the city maintains the land and the community building and the city has been dedicated for public use for five decades.
"So for my definition, I think it's a public square but I have to get a judge to say so," Zega said.
A limited title search of the property by Waco Title on behalf of the city shows the last warranty deed filed for record is dated Feb. 27, 1903, in the name of Paul Easby.
Zega provided copies of documents from the title search to Council members during their Dec. 17 meeting.
A warranty deed filed Feb. 27, 1903, shows that Kennefick Corp. sold the land for Lincoln Square to Easby for $3,500.
Another document found during the title search shows that Easby sold his land in Lincoln to J.W. Rodgers for $5,400 on Jan. 1, 1920. The description of the land does not include block 1. Zega said he does not think this sale included the square.
In a Dec. 20, 2019, memo to Council members about the ownership of Lincoln Square, Zega said Probate Court records show Easby died May 29, 1921, in Webb City, Mo. He died unmarried, without a will and without children, but he had six siblings and two half-siblings.
Zega said the title search did not find that any Arkansas court actually directed any administrator to convey the square to anyone upon Easby's death.
Basically, Zega said, the Square has been unchanged in terms of its legal status since 1903.
Zega said the city could try to locate the current owners of the Square and ask them to sign over a quitclaim deed to the city, but he pointed out it probably would be an almost impossible task to find some of Easby's relatives.
Another complication, Zega said in his memo, is that Washington County Assessor's records show the American Legion was the owner at some point. Zega said there's been mention of the American Legion having a 99-year lease from the city but he's not seen any documentation on that.
The parcel has been classified as "exempt" from taxes as public property belonging to the city since at least 1993. A handwritten note on the parcel's assessment record says, "For 1993, Am Legion gave Bldg back to the city - nothing filed (6-1-93). Termination 99 year lease." Another handwritten note on the same page says, "This parcel belongs to the city of Lincoln. Boyce Davis will bring documentation. Sue."
Zega said he assumes that "Sue" refers to Sue Phillips, who was the county assessor in 1993, and has passed away. Boyce Davis also has passed away. He practiced law in Lincoln for 40 years and was a city attorney for Prairie Grove and Lincoln for more than 20 years.
Zega said he's not found any evidence that the paperwork showing the parcel belonged to the city of Lincoln was brought to the courthouse, the best he can tell, and he can't talk to Phillips or Davis about what happened in 1993.
Mayor Doug Hutchens said a plat shows Lincoln Square as a public park but the "paper trail is not really evident."
He pointed out if the city applies for any grants for the Square or to renovate the community building, one requirement is to show proof of ownership and the city wants to be able to prove that.
"We just need to get sure clarification on the legal part of it," Hutchens said.
While it resolves ownership of the Square, the Council has tabled an ordinance to adopt regulations concerning special events in the city of Lincoln.
The proposed ordinance requires a person or organization, with the exception of any events sanctioned by the school district, to apply for a permit to sponsor a special event. The mayor of Lincoln would approve or disapprove the application within 10 days.
Bryson made the motion at the Dec. 17 meeting to table the ordinance during this time.
"I think we need to hold off on the events ordinance until we know who owns the Square," Bryson said.
General News on 01/15/2020