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       #Post#: 26--------------------------------------------------
       Wood v. Board of County Commissioners of Freemont County
       By: SunsetSailor Date: January 27, 2011, 10:08 pm
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       FACTS:  By a 1948 warranty deed, the plaintiffs conveyed land in
       Wyonming for Fremont county for the construction of a county
       hospital.  They contend that the language in the deed created
       either a fee simple determinable or a fee simple subject to a
       condition subsequent with a right of reversion in them if the
       land ceased to be used for the hospital.  The defendant
       contructed a hospital on the land and operated it until November
       18, 1983.  The defendant then sold the land and original
       hospital facility to a private company.  The buyer operated a
       hospital on the land until September 1984, at which time it
       moved the hospital to a newly constructed facility.  The private
       company then put the land up for sale.  The plaintiffs filed
       their complaint seeking recovery of the value of the land they
       conveyed to the county in 1948.
       Fee Simple Determinable: A fee estate limited by the happening
       of a certain event
       PROCEDURAL FACTS:
       * Trial Court:  Summary Judgment for the defendant
       * Court of Appeals: Affirmed
       ISSUE:  Whether or not the language in the 1948 warranty deed is
       sufficient limiting language to create either (1) a fee simple
       determinable, or (2) a fee simple subject to a condition
       subsequent giving the plaintiffs title to the land.
       RULE:
       * §44: The existence of an estate in fee simple determinable
       requires the presence of special limitations…
       * § 23 The term ‘special limitation’ denotes that a part of
       the language of a conveyance which causes the created interest
       automatically to expire upon the occurrence of the stated event.
       * §44: An estate in fee simple determinable may be created
       so as to be defeasible upon the occurrence of an event which is
       not ever certain to occur.
       * §44: The language of special limitation must clearly state
       the particular circumstances under which the fee simple estate
       conveyed might expire.
       ANALYSIS:
       * The time that the hospital should serve to ‘preserve’ the
       memory or knowledge is not stated in the deed, just as the time
       for maintaining the hospital is not stated.
       * The language of conveyance fails to designate the time at
       which the hospital must be constructed as well as the time
       during which it must be preserved.
       * The omission of such limiting language evidences an intent
       not to convey a fee simple determinable
       CONSLUSION:  Summary judgment is affirmed
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