The Birmingham age-herald., 1911-08-11
LOOK INTO PARK AT NORTH BIRMINGHAM Does City or Land Company
 Own Property? BOYD INVESTIGATING Land Company Claims That the Property Has Never Been
 Turned Over To the
 Municipality

The efforts of the city of Birming- ham to prove title to North Birming- ham park, consisting of 12 acres, will be resisted strenuousiy by the North
 Birmingham Land company, according to a statement of Secretary w. H.
 Duran yesterday. The land company
 official, in talking of the proposition,
 said the city had no more title to the
 land than they had to his personal rai-
 ment, and that there was no question
 but that the park was not owned by
 anyone except the land company. The problem of the park has arisen through the instruction of the com
 mission to Capt Romaine Boyd, city
 attorney, that he look into the propo- sition and see who owns the property.
 That investigation was brought to at tenton yesterday morning when a del-
 egation of North Birmingham citizens appeared at the office of Captain Boyd and requested him to look after the
 matter quickly The citizens who have been long interested in that section are
 also understood to have given the city
 some information about the park.
 The city authorities are under the impression, it is said that the park consists of 24 acres. The land com
 pany officials say that the park is composed of IA acres and that the original tract of 24 acres was divided to allow the city of North Birmingham
 to acquire 10 acres. On that site of 10 | acres the city erected school, which adjoins the park tract
 The property used for a park has been known as such since 1888, when the North Birmingham Land company
 set the tract aside for that purpose. It has upon it one of the most valuable springs in this district. The spring
 has been visited daily for years by | residents of that section.
 The land company. through Secre-
 prietary right had always been exer cised by the company and that it had
 never been dedicated by the company
 or the municipal corporation.
 | Upon the subject MT. Duran said: T
 have not been informed of the recent claim by the city that the city owns | North Birmingham park. However, every | year for the past 10 years there has been same city attorney to look into that prop osition. The park has never been given to the city or anyone else, and is owned absolutely by the North Bi. ...lngham Land company, of which Frank Nelson, | Jr., is president, and I am the secretary "The park has been used as recrea- l lion ground for many years-to be exact since 1888. There has been no dedication on our part to the city, either direct or | implied. and the city cannot establish the
 slightest equity in the land. We have a
 store now on that property which Is rent ed and for which we receive a profit. The property was composed of "A acres. but
 10 of 1t were sold to the city. A school
 was erected on that site and IA acres now composes the park. We have never set
 price upon it and we may never sell it to anyone. I have no information on
 that proposition, however, at this time. The land has been subjected to inquiry for some time. Two of the attorneys have
 told me that the city could establish no claim, while our attorneys, Cabanss &,
 Bowie, have passed upon the proposition | in our favor.
 | "Of course, if the city starts any litiga-
 ton we shall most certainly protect our | interests"
 Captain Boyd, city attorney, had noth-
 ing to say yesterday as to the park at North Birmingham. He said that he had | received instructions from the commits sioners to look into the matter and that
 he was now at work on the legal ques- l tion.
 The legal situation has not been lost 1 sight of by Commissioner Lane of the de- partment of justice, who said yesterday: l Tt is probable that the city will run
 the North Birmingham park proposition 1 through the courts. We have no state
 ment to make. However, as there seems
 to be some question about the proposition
 we will have 1t settled once and for all.' | The park commissioners yesterday in structed the superintendent of parks to
 clean up the North Birmingham park,
 which Is under controversy because of
 the fearfully i'll kept condition. Insistent criticisms from residents of that neigh borhood caused an Investigation to be
 made, which resulted in a crew of eight
 men being placed to work in the pa rl1
 yesterday. It is believed that the park
 will be in passing fair condition very soon
 now.