Avondale Estates is in the process of changing the language posted on rules markers at Lake Avondale and Willis Park. Judging, however, from public comment at recent city commission work sessions, the move isn’t particularly popular because the language “is part of our history” and the properties were “a gift to the city.”
But commissioners believe the language is archaic, unwelcome and perhaps vaguely racial. The sub heading at both locations read “Restricted Use Premises,” and a portion of rule No. 1 says “This park is ‘for exclusive use of the residents of the city of Avondale Estates, their children and guests …”
Rule No. 2 says violators may be subject to prosecution.
“I haven’t found a court case quite like this,” said Stephen Quinn, who’s been Avondale’s city attorney for 10 years. “As far as I’m aware the city has never cited anyone for violating the residency restrictions at either the lake or park.”
The language stems from a deed written by city founder George Willis, who donated the park and lake to the city in the 1920s. His deed reads that “if the city fails to maintain and upkeep the property” it reverts back to Willis (who died in 1932) or his heirs.”
Quinn says that’s pretty unlikely to happen.
“This is called a reversionary law,” he said. “Georgia law disfavors reversionary claims — it’s kind of a way for a prior owner to reach into the future. I think the city’s pretty safe. There’s not a risk of the heirs reclaiming the property.”
The commission will begin re-writing the rules during its next work session in November.
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