Washington County Enterprise-Leader
Court Ruling On Lincoln Square Is Uncontested
LINCOLN — The 30- day appeal period has passed and officials now are assured Lincoln Square legally belongs to the city of Lincoln.
“It’s uncontested and we have official documented ownership of the square,” said Mayor Doug Hutchens. “We have a deed.”
A March 6 order signed by Washington County Circuit Judge Doug Martin said 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.”
Martin issued a decree for a “quiet title” in response to a lawsuit filed Jan. 28 by the city to seek clear and legal ownership of the town square. A quiet title establishes a party’s title to real property against anyone and everyone and quiets any challenges or claims to the title.
After the order was signed, Steve Zega, Lincoln city attorney, said theoretically someone could appeal the decision within 30 days but he did not believe anyone would have a standing for that appeal.
Last year, Lincoln City Council had been discussing some rules and regulations for using the Square and community building, but those were placed on hold because of the question of ownership.
City Council member Terry Bryson made the motion at the Dec. 17 meeting to table an ordinance on any rules.
Bryson said he proposed tabling the ordinance because “we can’t regulate the square if we don’t own it.”
On Friday, Bryson said the council will go back to that ordinance probably sometime over the summer. Lincoln canceled its regular March and April City Council meetings because of the covid-19 pandemic, and he noted members are going to have to catch up on a lot of business.
Bryson is the one who first brought up the ownership of the Square last year.
He was researching other property on the Washington County website when he clicked on the square. The records showed American Legion Post #127, in care of the city of Lincoln, as the owner of Block 1 or the town square.
Waco Title researched the property on behalf of the city and did not find a warranty deed to the property in the city’s name. The only warranty deed on file was from 1903, when Kennefick Corp., sold the land for Lincoln Square to Paul Easby for $ 3,500. Other records show Easby possibly sold the land to J.W. Rodgers in 1920.
The council directed Zega to pursue court action to gain legal possession of the property. Zega filed a petition to quiet title against the unknown heirs of Easby and Rodgers, who are both deceased.
The petition to quiet title said the city believed it held exclusive possession to the square and was seeking a declaration that it was the exclusive title holder. It also noted that the city had maintained and occupied the square for 50 years and had exclusively used the square since 1975.
Hutchens said the correction probably was more of a clerical formality.
“This was how business was handled in 1903,” Hutchens said. “It needed to be updated.”
Going forward, he said the city will be in a better position to apply for any grants to upgrade Lincoln Square or the community building. The building’s roof is presently being replaced because of storm damage. Insurance is paying for this, minus the deductible.