Reader research on property swap issues

There have been several issues about the Beatty-Hughes Park/Barr property switch. The following information I dug up may be helpful.

In 2005 the Morgan family buys the Bar property hoping for a community arts center (YSNews, Nov. 17, 2005). In March 2007 the Morgan Family Foundation restates their continuing interest in an art center (YSNews, March 8, 2007). The Foundation then donates the Barr property to the Friends Care Center stating senior apartments would be the “highest use for the long-term interests of Yellow Springs” (YSNews, March 29, 2007).

Friends Care Center while seeking approval from the Planning Commission announced that renovation of the Barr house would be too costly (YSNews, Jan.17, 2008). John Strewing and Matt Reed of the Planning Commission inspected the house and stated it was in great shape (YSNews, April 3, 2008). A grassroots campaign to save the house and green space begins to flourish (YSNews, July 2009 issues, Letters to the Editor).

The one question I’ve been asked concerns restrictions. There are six lots known as the Beatty-Hughes Park held together with an open space easement. The “Contract for Grant to Acquire and/or Develop Land for Open-Space Purposes Under Title VII of the Housing Act of 1961” was signed and filed Dec. 7, 1972 by Howard Kahoe, YS Village Manager and witnessed by State officials Jeff C. Bothwell and Mary Ann Johnson.

Page 1, Section 2 (b) The Public Body agrees to retain said land, as developed, for permanent open-space purposes, and the said open-space use or uses of said land shall be for park and recreational purposes, conservation of land and other resources, or historic or scenic purposes.

Page 3, D (1) No change in the use of the land to a use other than the open-space uses set out in Section 2(b) of Part 1 of this Contract will be permitted without the prior written approval of the Secretary [of Housing and Urban Development, the United States of America]. Before such approval will be given, the Public Body must demonstrate to the Secretary’s satisfaction that:

Page 4, D (c) The open-space land is being or will be replaced, without cost to the Federal Government, by other open-space land of at least equal fair market value at the time of conversion, and of as nearly as feasible equivalent usefulness and location.

By switching the 44,931.7 square feet* of Beatty-Hughes Park for the larger 70,044.47 square feet* of Barr property which will be used for historic, recreational and open spaces we will satisfy all the Federal and State requirements. In addition, we will be giving the Morgan Family something similar to what they were hoping for in the beginning – a community center for the arts and history as well.

*Greene County Auditor. www.co.greene.oh.us/Website/gcMaps

-Jean Payne