LINCOLN -- Officials thought the city of Lincoln owned Lincoln Square and the community building, but they can't find any court documents to prove it.
Court records show the only deed on file is dated 1903.
City Attorney Steve Zega is researching the building ownership. The problem, he said, is that the city does not have a deed to the property.
Zega recommends that the City Council file a suit in Washington County Circuit Court to settle the question of ownership. He plans to bring his plan to the council at its meeting today.
Council Member Terry Bryson first brought up the ownership question. He 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 kind of murky."
Washington County's website shows American Legion Post No. 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 is 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."
Zega said he believes the city can argue that 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 that the city maintains the land and the community building and the space 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 in 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, and Zega said he does not think this sale included the 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. The title search didn't find any Arkansas court conveying the square to anyone upon Easby's death.
Zega said the city could try to locate the current owners and ask them to sign a quitclaim deed, but it probably would be almost impossible to find one of Easby's relatives.
Another complication is that Washington County assessor's records show the American Legion was the owner at some point, Zega said. He said there's been mention of the American Legion having a 99-year lease from the city, but he's not seen any documentation of 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 died. Boyce Davis is also dead. 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 paperwork showing the parcel belonged to the city of Lincoln was brought to the courthouse.
Mayor Doug Hutchens said a plat shows Lincoln Square as a public park, but the "paper trail is not really evident." He said if the city applies for any grants for the square or to renovate the community building, one requirement is to show proof of ownership.
"We just need to get sure clarification on the legal part of it," Hutchens said.
The council has tabled an ordinance to adopt regulations concerning special events in the city until the question is answered.
"I think we need to hold off on the events ordinance until we know who owns the square," Bryson said.
Metro on 01/21/2020