Without clear titles, township decides against selling properties

Despite hiring a title search company to do a title search, the Orion Township Board voted on Aug. 18 to refuse to sell any township properties at this time.
Township officials were investigating the sale of possibly seven properties, owned by the township but not currently being used. Many of the locations are old well sites that DPW director Bill Ireland said were not able to be used, other than one site that could be put back in use for a well site.
“Right now, the main problem is a maintenance problem…they’re a liability problem,” Ireland said. “Maybe we could give them to parks and recreation, maybe they could use them.”
Supervisor Jerry Dywasuk said that option had already been discussed with parks and recreation director Rock Blanchard, who indicated they were not suitable for the department to use.
The board was given a list of seven possible properties to sell: a two vacant lots on Harding, two vacant lots on Queensbury, a vacant lot on Peters and two other vacant properties.
At the Aug. 4 meeting, the board agreed to have a title search done, and the township contracted with Philip Seaver Title Insurance Company, who completed the project. However, township attorney Kristin Kolb said the title search was not the same as having clear title to the property.
“Two of the vacant lots on Harding both list the owner as Bertha Shiller,” said Kolb. “It indicates the township has an interest (in the property), but not total ownership.”
According to Kolb, for the township to get clear title, they would have to take legal action.
Clerk Jill Bastian said the board had a site at Orion and Stoney Creek Roads that could be sold to the Road Commission for Oakland County for $1.
“As a clear site distance area,” she said. “We had brought this up before, that if (it wasn’t sold to the RCOC) it would end up being part of someone’s lot.”
Bastian said the RCOC would maintain the property.
“It will help out the whole neighborhood,” she added.
Dywasuk agreed it would be a wise move for the township, calling it “house cleaning.”
“Do we have clear title to (the Orion and Stoney Creek property)?” asked trustee Richard Tomczak. “I’m not willing to sell anything we don’t have clear title to.”
Bastian wondered why the request to sell properties was before the board then.
“This is wasting our time,” she said.
“Clear title means suing,” Kolb explained. “That’s a lawsuit.”
Kolb said the board’s resolution on Aug. 4 was only to do a title search, not get clear title on the properties.
“We need time to evaluate all the properties before we do anything,” trustee Michael Fetzer said.
Tomczak said the board should refuse to sell any township property at this time.
“The small corner (at Orion and Stoney Creek) maybe…but the rest of these I don’t think the township needs to take action on,” he said. “We haven’t had problems (with the sites) in the past.”
“There’s no smoke and mirrors here,” Dywasuk said. “If you just want to let it sit, we’ve wasted a lot of time.”

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