Larry W4CSC wrote:


The town could simply condemn the land for public use.....like they'll
do to your house if some politician owns the acreage next door and the
politician wants to sell it to the state for that new road the
politician wants.

Government can take your land any ol' time they want, actually.

They can't really do that. The major park in Macon was donated to the
city by a Senator Bacon for the use of the "white women and children of
the city". When the city could no longer inforce that covenant, the
heirs of the estate sued to get title back. Went all the way to the
USSC. The city couldn't possibly afford to buy it back so now our only
real park is a shopping center.

Can you imagine a WalMart in the middle of Hampton Park?

--
Glenn Ashmore

I'm building a 45' cutter in strip/composite. Watch my progress (or lack
there of) at: http://www.rutuonline.com
Shameless Commercial Division: http://www.spade-anchor-us.com

"Glenn Ashmore" wrote in message news:rG8Ub.19221 They
can't really do that. The major park in Macon was donated to the
city by a Senator Bacon for the use of the "white women and children of
the city". When the city could no longer inforce that covenant, the
heirs of the estate sued to get title back. Went all the way to the
USSC. The city couldn't possibly afford to buy it back so now our only
real park is a shopping center.

Just out of curiosity, what is the Supreme Court case that decided this? In
Shelley vs. Kramer the court ruled that restrictive covenants are
unenforceable, how does this play into the heirs getting the property back?

EVANS ET AL. v. ABNEY ET AL.

Basically, because the covenants of the bequest were not enforcable the
city had to return the property to the heirs.

John Wentworth wrote:

"Glenn Ashmore" wrote in message news:rG8Ub.19221 They
can't really do that. The major park in Macon was donated to the

city by a Senator Bacon for the use of the "white women and children of
the city". When the city could no longer inforce that covenant, the
heirs of the estate sued to get title back. Went all the way to the
USSC. The city couldn't possibly afford to buy it back so now our only
real park is a shopping center.


Just out of curiosity, what is the Supreme Court case that decided this? In
Shelley vs. Kramer the court ruled that restrictive covenants are
unenforceable, how does this play into the heirs getting the property back?



--
Glenn Ashmore

I'm building a 45' cutter in strip/composite. Watch my progress (or lack
there of) at: http://www.rutuonline.com
Shameless Commercial Division: http://www.spade-anchor-us.com

On Wed, 04 Feb 2004 10:53:03 -0500, Glenn Ashmore
wrote:


Can you imagine a WalMart in the middle of Hampton Park?

Walmart wouldn't last 24 hours in the middle of Hampton Park. It
would simply be shoplifted clean! I have a friend who owns a liqour
store not far from Hampton Park. You gotta see it to believe
it....(c;



Larry W4CSC

No, no, Scotty! I said, "Beam me a wrench.", not a WENCH!
Kirk Out.....