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Real property Question

Kevin Dodson

Sun, Mar 8, 2020 10:11 PM

Grantor

Mr. X and Mrs. X

Grantee

Town

Executions

By Mr. X and Mrs. X only

Language in the deed:

This property is granted and conveyed to the Town for the site of a
community center which shall be used for the nutrition program and
recreation for the Town Senior Citizens as long as they wish to use it.
This does not restrict its use for other community activities.

Question 1

Can a municipality be bound to conditional language in a deed such as
listed above?

Question 2

Is the Town bound by the requirements of the language?

any guidance is greatly appreciated.

Kevin Dodson
Attorney at Law
308 A Northeast First Street
Pryor, OK 74361
918-824-3600 <(918)%20824-3600>
Fax: 918-824-3601 <(918)%20824-3601>
E-Mail: kevinatdodsonlawoffice@gmail.com

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Grantor Mr. X and Mrs. X Grantee Town Executions By Mr. X and Mrs. X only Language in the deed: This property is granted and conveyed to the Town for the site of a community center which shall be used for the nutrition program and recreation for the Town Senior Citizens as long as they wish to use it. This does not restrict its use for other community activities. Question 1 Can a municipality be bound to conditional language in a deed such as listed above? Question 2 Is the Town bound by the requirements of the language? any guidance is greatly appreciated. -- Kevin Dodson Attorney at Law 308 A Northeast First Street Pryor, OK 74361 918-824-3600 <(918)%20824-3600> Fax: 918-824-3601 <(918)%20824-3601> E-Mail: kevinatdodsonlawoffice@gmail.com Notice: CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or person responsible for delivering it to the intended recipient you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. Interception of e-mail is a crime under the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and 2107-2709. If you have received this transmission in error, please immediately notify us by replying to this e-mail or by calling 918-824-3600 <(918)%20824-3600>, and destroy the original transmission and its attachments without reading them or saving them to disk. Thank you.

Michael R. Vanderburg

Wed, Mar 11, 2020 3:02 AM

Yes, the town can be bound by such conditional language. If you do not want it, do not accept the property.

The language cannot force you to keep the property. You can give it back. If surplus to your needs, you can likely sell it and use the proceeds for a substantially comparable purpose (similar to a bond issue purchase that has become surplus.)

The question I have is just how much of a limit is imposed by the language “This does not restrict its use for other community activities.”? This seems to restore a fair amount of discression on the Trustees.

Mike Vanderburg

Sent from Mail for Windows 10

From: Kevin Dodson
Sent: Sunday, March 8, 2020 5:11 PM
To: oama@lists.imla.org
Subject: [Oama] Real property Question

Grantor
Mr. X and Mrs. X

Grantee
Town

Executions
By Mr. X and Mrs. X only

Language in the deed:
This property is granted and conveyed to the Town for the site of a community center which shall be used for the nutrition program and recreation for the Town Senior Citizens as long as they wish to use it. This does not restrict its use for other community activities.

Question 1
Can a municipality be bound to conditional language in a deed such as listed above?

Question 2
Is the Town bound by the requirements of the language?
any guidance is greatly appreciated.

Kevin Dodson
Attorney at Law
308 A Northeast First Street
Pryor, OK 74361
918-824-3600
Fax: 918-824-3601
E-Mail: kevinatdodsonlawoffice@gmail.com

Notice: CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or person responsible for delivering it to the intended recipient you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. Interception of e-mail is a crime under the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and 2107-2709. If you have received this transmission in error, please immediately notify us by replying to this e-mail or by calling 918-824-3600, and destroy the original transmission and its attachments without reading them or saving them to disk. Thank you.

Yes, the town can be bound by such conditional language. If you do not want it, do not accept the property. The language cannot force you to keep the property. You can give it back. If surplus to your needs, you can likely sell it and use the proceeds for a substantially comparable purpose (similar to a bond issue purchase that has become surplus.) The question I have is just how much of a limit is imposed by the language “This does not restrict its use for other community activities.”? This seems to restore a fair amount of discression on the Trustees. Mike Vanderburg Sent from Mail for Windows 10 From: Kevin Dodson Sent: Sunday, March 8, 2020 5:11 PM To: oama@lists.imla.org Subject: [Oama] Real property Question Grantor Mr. X and Mrs. X Grantee Town Executions By Mr. X and Mrs. X only Language in the deed: This property is granted and conveyed to the Town for the site of a community center which shall be used for the nutrition program and recreation for the Town Senior Citizens as long as they wish to use it. This does not restrict its use for other community activities. Question 1 Can a municipality be bound to conditional language in a deed such as listed above? Question 2 Is the Town bound by the requirements of the language? any guidance is greatly appreciated. -- Kevin Dodson Attorney at Law 308 A Northeast First Street Pryor, OK 74361 918-824-3600 Fax: 918-824-3601 E-Mail: kevinatdodsonlawoffice@gmail.com Notice: CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or person responsible for delivering it to the intended recipient you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. Interception of e-mail is a crime under the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and 2107-2709. If you have received this transmission in error, please immediately notify us by replying to this e-mail or by calling 918-824-3600, and destroy the original transmission and its attachments without reading them or saving them to disk. Thank you.