City of North Muskegon v. Rodgers
City of North Muskegon v. Rodgers
Opinion of the Court
This is a bill to quiet the title to land acquired by the complainant city for park purposes at a tax sale. From a decree in favor of the complainant the case is brought here by appeal.
The questions involved are stated by the solicitors for the defendant to be:
(1) Has complainant power to purchase lands for park purposes?
(2) Can complainant become the purchaser of land at a tax sale?
(3) Is complainant’s deed to the land in question void?
(4) Does the confirmation of sale preclude defendant from questioning complainant’s title where the sale and deed are void?
(5) If complainant’s deed is void, is defendant estopped from questioning its validity?
(6) Must not a purchaser of land under tax proceedings serve notice of redemption on all grantees named in recorded tax deeds purporting to convey a portion or portions of the land, regardless of the validity of such tax deeds?
As to the last-named question it may be said that the tax deeds to which counsel refer did not cover the, lands involved here. An answer to questions 1, 2, and 4 will take care of all the questions involved. .
The property in question is vacant property, and
1. Has complainant power to purchase lands for park purposes?
“To provide for public squares and parks, and make grades and improve the same, and all grounds in said city belonging to or under the control of the corporation, and to control and regulate the same consistently with the purposes and objects thereof.”
Section 13 of chapter 6 reads as follows:
“The city of North Muskegon shall have power to take, accept and hold any real or personal estate, whether by gift, bequest or devise for any purpose connected with parks, cemeteries or public grounds of said city, or for any public institution .or charity, and when accepted it shall be the duty of the common council to use and appropriate the same for the uses and purposes mentioned in the instrument giving, granting or devising the same, and for no other purpose.”
The city is also authorized by subdivision 45 of section 3 of chapter 6 to purchase land for cemetery purposes.
Counsel argue that city charters must be strictly construed, and no powers can be inferred, citing Schneider v. City of Detroit, 72 Mich. 242, 247 (40 N. W. 329, 2 L. R. A. 54), and hence the city may not purchase land. We think this too narrow a construction to put upon the.language, “To provide for public squares and parks.” In State, ex rel. Means v. City of Hiawatha, 53 Kan. 477 (36 Pac. 1119), it was held that a provision “to provide” authorized a purchase. In Swartz v. Board of Commissioners of Lake County, 158 Ind. 141 (63 N. E. 31), the court, in construing a statute providing that the board of county commissioners of Lake and La Porte counties should “provide” a suitable and convenient place for the holding of the superior court, said:
*97 “The language employed in the section in question is peremptory, and the duty of the board to provide a suitable and convenient place at the city of Hammond for the use of the court and its officials is clearly and expressly enjoined, without any limitation or specific direction as to the means to be employed by the board in the performance thereof. What did the legislature intend by the use of the term ‘provide’ ? Webster’s International Dictionary defines the word as follows: ‘To procure as suitable or necessary’; ‘to prepare’; ‘to make ready for future use’; ‘to furnish’; ‘to procure beforehand.’ The definition in the Century Dictionary is ‘to make ready’; ‘to prepare’; ‘to furnish or supply.’ It is evident, then, that when the meaning of the term in question as employed in the statute is considered, it becomes manifest that the legislature intended to leave the question as to how the duty imposed should be performed to the wisdom and sound discretion of the board, and that the latter, in the exercise of its power, if it deemed proper, might' either lease some suitable house for the use of the court and its officials, or it might, at the expense of the county, purchase a site and erect or construct thereon a suitable and convenient house or building for the use and purposes mentioned in the statute.”
In Bloss v. Board of Supervisors of Jackson County, 170 Mich. 607 (136 N. W. 589, Am. & Eng. Ann. Cas. 1914A, 1191), it was contended that, while an organized county might purchase and hold real estate for the use of the county, as the county was the creature of the legislature, it could exercise only such powers as had been conferred upon it, and that it could not hold real estate devised to it by will; but this court held such a devise was valid. See, also, Penny v. Croul, 76 Mich. 471 (43 N. W. 649, 5 L. R. A. 858). It is a fact of which we may well take notice that cities and villages are very generally acquiring and adorning public spaces called public squares and parks. It-is a practice to be commended and encouraged.
2 and 4. Can complainant become the purchaser of
The contention of counsel is:
“A municipal corporation, in the absence of any enabling statute, has no authority at law to become the purchaser of land at a tax sale and acquire a title by complying with the statute in respect to such sales. The general power to buy and hold real estate does not authorize such a purchase.”
The cases are not in harmony. Counsel do not call our attention to any case on all fours with the instant case. We have already shown that the complainant was authorized to purchase land for park purposes. In. 20 Am. & Eng. Enc. Law (2d Ed.) p. 1185, it is said:
“Municipal corporations may acquire such property as they have the right to possess in any lawful manner, in the absence of charter provision restricting or prescribing a particular mode. They may lease, take by devise or bequest, or purchase on credit, if such power is not denied or restricted by some charter or statute provision.”
See Kellar v. Wilson, 90 Ky. 350 (14 S. W. 332).
Section 70 of the general tax law provides the manner of sale and who may become purchasers. There is nothing in the charter of the city which in terms forbids its purchasing property at a tax sale for park purposes. It made this purchase in 1908 for the express purpose of establishing a park. The sale was reported to the court. No objections were filed to it. It was duly confirmed. Later the city paid large amounts for taxes, and the land was listed as exempt because owned by the city, thus escaping taxation. The defendant, in June, 1909, was notified of the purchase by the city, and has taken no steps to redeem, and does not now offer to pay what the land should have paid in the way of taxes. The State recognized the regularity of the bid and issued its deed.
“All sales shall stand confirmed, subject to the right of redemption provided for in section seventy-four, unless objections thereto are filed within eight days after the time limited for filing such report, without the entry of an order or further notice. The practice with reference to setting aside such sales shall be the same, so far as applicable, as in a sale in equity on the foreclosure of mortgages: Provided, no sale shall be set aside for inadequacy of price, except upon payment of the amount bid upon such sale, with interest and costs: Provided further, that no sale shall be set aside after confirmation, except in cases where the taxes were paid, or the property was exempt from taxation. In such cases the owner of such lands may move the court at any -time within one year after he shall have notice of such sale to set the same aside, and the court may so order upon such terms as may be just.”
See Rumsey v. Griffin, 138 Mich. 413 (101 N. W. 571) ; Blondin v. Griffin, 133 Mich. 647 (95 N. W. 739); Burns v. Ford, 124 Mich. 274 (82 N. W. 885) ; Berkey v. Burchard, 119 Mich. 101 (77 N. W. 635, 79 N. W. 908); Spaulding v. O’Connor, 119 Mich. 45 (77 N. W. 323); Harrington v. Dickinson, 155 Mich. 161 (118 N. W. 931); Jenkinson v. Auditor General, 104 Mich. 34 (62 N. W. 163).
We are expressing no opinion about whether a city can, without any proper public purpose to be served, become a bidder at tax sales; but when a given piece of property is desired by a municipality for a public park, and it is offered for sale at a tax sale, and the city becomes a purchaser, and the facts are reported to the court, and the sale is confirmed, and the State authorities recognize the validity of the sale and issue a deed and all the other facts disclosed by this record appear, we think it would be very inequitable to hold the deed invalid. There is no pretense on the part of the defendant that the taxes were paid, or that the
The decree is affirmed, with costs.
Reference
- Full Case Name
- CITY OF NORTH MUSKEGON v. RODGERS
- Status
- Published