It’s no longer a mystery: Lincoln owns city square.

LINCOLN — The city’s square now legally belongs to Lincoln, according to an order filed in Washington County Circuit Court on March 6 and signed by Circuit Judge Doug Martin.

The decree quieting title says that Block 1 in the original town of Lincoln is “hereby vested, quieted, and confirmed in the petitioner, the City of Lincoln, Arkansas, and that all claims of any persons or entity in or to said lands are null and void.”

Mayor Doug Hutchens on Monday said, “We’re glad to see it taken care of and glad that the court agreed with what we already knew.”

Hutchens said the city’s original plat declared the square as public land and other documents found also give “pretty solid” evidence the square belongs to the city.

“The procedures in 1901 and 1904 are just different than what is used now,” Hutchens said, adding, “There shouldn’t be any problems going forward.”

In an email to city officials, Steve Zega, Lincoln city attorney, said theoretically someone could appeal the decision in 30 days or file to set it aside in 90 days.

“But they’d have a tough time, legally speaking, making it stick,” Zega said. “For practical purpose, this ends it.”

City Council members at their Jan. 21 meeting directed Zega to pursue court action to gain legal possession of the square. The question of legal ownership came up after a title search by Waco Title didn’t find a warranty deed to the property in the city’s name.

The Washington County assessor’s website showed the owner of Lincoln Square as American Legion Post No. 127, in care of the city, although Waco’s title search didn’t find a deed to the property in the name of the American Legion either.

“I think the square belongs to us in equity,” Zega told council members in January. “Equity is what you have when you don’t have a deed.”

Zega filed a lawsuit on behalf of the city in circuit court Jan. 28 seeking clear and legal ownership of the square. The petition to quiet title was filed against the unknown heirs of Paul H. Easby and J.W. Rodgers, both deceased, and any and all claimants to the title of the property.

Quiet title is a lawsuit brought to establish a party’s title to real property against anyone and everyone and thus “quiet” any challenges or claims to the title.

The court decreed the city has maintained and occupied the square for at least 50 years and holds exclusive possession to the public property and has interest in the square.

The court also found the city has used the square as the central point for Lincoln Apple Festival since 1975 and has used the square for many years for other public events, such as street dances, square dances, Christmas on the Square festivities, parades and other city-sponsored events.

The city has paid utility bills for the building on the square for decades, pays insurance on the building, and possesses and controls the only keys to the building, the court found. The city also provides water and sewer service to the building and has not billed for those services on the assumption that the community building and the square belonged to the city.

The court also found the city maintains the grounds of the square, which for decades has included mowing, leaf raking and removal, cleanup after storms and bad weather, tree care, trash cans and trash removal, and placing and removing city-owned American flags around the perimeter of the property.

The court decreed Lincoln is exempt from paying taxes, according to state law, and no other party has claimed or tried to claim ownership through tax payments.

“The city should be declared to have legal title and granted all exclusive rights to such parcel,” the decree states.

The court also found Lincoln did all searches required by Arkansas code to identify people entitled to notice about the quiet title. An affidavit of publication about the petition to quiet title was published in the Northwest Arkansas Democrat-Gazette, but no person or entity appeared in the matter in response to the public notice.

The title search by Waco Title found an original deed to the property with Paul H. Easby as owner and a possible additional interest belonging to J.W. Rodgers. A warranty deed filed Feb. 27, 1903, shows Kennefick Corp. sold the land for the square to Paul Easby for $3,500.

Another document included in the petition showed the abstract of a deed from Easby to J.W. Rodgers, filed with the county on March 4, 1920. This deed didn’t specifically convey the square from Easby to Rodgers; however, language in the abstract said, “The purpose of this deed is to convey all right, title, and interest now owned by me (Paul H. Easby) in and to Lincoln Townsite.”

Public documents showed Easby died May 29, 1921, as a resident of Webb City, Mo., and didn’t have a surviving spouse or children but left six siblings and half-siblings. A proceeding conducted in Washington County Probate Court didn’t specifically mention the square or convey the square to any person, heirs or to another entity.

The court order notes no official filing or deed that could be remotely tied to Lincoln’s square has been filed since at least 1904.

The order says the city has been in actual, open and visible possession of the square for at least 50 years and no one else is in possession or control of the property and there’s no other adverse occupant of the square.