AGO 1949-51 No. 176.

• Case Date: December 09, 1949
• Court: Washington

Washington Attorney General Opinions 1949. AGO 1949-51 No. 176. December 9, 1949[Orig. Op. Page 1]PRIVATERELEASE BY PIERCE COUNTY OF POSSIBILITY OF REVERTER ON LAND DONATED TO THE UNITED STATES BY THE UNITED STATES BY THE COUNTY FOR MILITARY PURPOSES.Pierce County may release land donated to the United States for military purposes from the possibility of reverter to the county in the event of a non-military user under the terms of the original grant by excepting certain areas from the reservation of the possibility of reverter.Honorable Patrick M. Steele Prosecuting Attorney Pierce County Court House Tacoma, WashingtonCite as: AGO 1949-51 No. 176Attention: Jennings Felix Dear Sir: We are in receipt of your letter of November 28, 1949, in which you ask the following question: May Pierce County effectively release the tract of land now occupied by the Fort Lewis military establishment from the possibility of reverter to the county under the terms of an original deed of gift of land to the United States whereby title to the entire area is immediately and automatically reverted to Pierce County in the event of a non-military user of the tract, by excepting certain areas from the reservation of reverter? Our conclusions may be summarized as follows: Pierce County may so release such land from the possibility of reverter. [Orig. Op. Page 2] ANALYSIS You have advised us that the federal government plans under authority of Public Law 211 to lease portions of Fort Lewis military area to PRIVATE housing contractors. Title to the proposed buildings will be retained as the personal property of the PRIVATE contractors under the lease agreement. To assure PRIVATE capital an investor's return the lease provides that while rentals would be at the discretion of the commanding general, should he make no designation of military personnel or civilian personnel employed by the military on the base as preferred lessees of the housing units, within thirty days after notice that such units are ready for occupancy, these units may be rented to anyone the contractors desire. The land comprising the Fort Lewis military establishment was originally donated to the United States by Pierce County with the consent of the legislature of the State of Washington under section 20, chapter 3, Laws of 1917. The deed provides that "If the United States should ever cease to...