Comment by phkahler

2 days ago

>> Notwithstanding the merits of this case, I'm against the concept of unlimited time deed restrictions on property. Dead people should not be able to decide what living people can do with land or any other property indefinitely.

I used to disagree with you, but your stance is the only one that makes sense. The way you control property use is through ownership.

In this case the original family wanted it to be used as a park, but they didn't want to set up an entity to own and maintain the park so they tried to conditionally donate it to the city. And that worked for a long time. The weird thing is that the city agreed to this, and the state apparently honored the deed restriction and considered it valid, but now it can just be thrown out?