Library board faces ownership challenge

BY ROGER SMITH
MOUNTAIN CITIZEN

INEZ — The Martin County Public Library Board learned Tuesday that it does not legally own the former library building on Main Street in Inez. Attorney Brian Cumbo attended the board meeting and revealed that the issue came to his attention while he was working on the lease agreement between the library board and THRIVE.

“I finally laid my hands on the deed,” Cumbo said. “The deed for the building is in the name of the Martin County Public Library District Construction Corporation, which is a different entity from the one present here today. We’re here with the Martin County Public Library District. So that is a problem.”

Cumbo explained that he assumed the corporation was created to facilitate the construction of the library.

“In the normal course of business, once that was done, the library should have been transferred to the library district,” he added. “That fell through the cracks, and here we are 30 years later and you guys don’t own the building.”

The Martin County Public Library District Construction Corporation was established in 1984 and dissolved by the Secretary of State in 1989 for inactivity.

Cumbo said there are two ways to correct the situation, one being to reinstate the construction corporation, which would cost $640 in fees to the Secretary of State.

“The county judge would have to appoint a board, then the board would have to meet and vote to transfer the property to the public library district,” said Cumbo. “After that, the board would have to meet and vote to dissolve their entity. Of course, the county judge would have to approve that as well.”

The other option would be to file a petition for declaration of rights.

“We would actually file a lawsuit against the construction corporation and ask the judge to quiet title to the library board because the library board is the equitable owner of the property,” stated Cumbo.

The board voted to proceed with a quiet title action.


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