Troy

The good deal has ended. Neighbors of Washington Park in Troy are now paying property taxes on what has long been a private, gated refuge that excludes the public.

Another big change might be coming. There's an outside chance that the city of Troy could take ownership of the land — a move that would almost certainly turn the private park public.

I first wrote about the dispute affecting one of the region's most beautiful places in 2013, after Troy officials decided to strip the park of its (highly questionable) tax-exempt status. The Washington Park Association, a group of neighbors who overlook the park and have exclusive access to it, took the decision to court.

That legal case is ongoing, but the association has since ceded the argument over the park's tax-exempt status. That leaves two big questions: How much is the park worth? And who really owns it?

The second question is particularly vexing. Everyone had always assumed that the park's neighbors jointly owned the park, but that turns out not to be the case.

The deed that created the park is complicated and convoluted, said Dan Vincelette, an attorney for the city, but it seems to suggest that descendants of the neighborhood's original families own the land. And since they've had nothing to do with it for years and years, a strong legal case can be made, Vincelette says, that ownership of the park should revert to the city.

"I don't know where this is going," Vincelette said. "But if it's city-owned property, it's going to be used for a public use."

The debate is over a relatively small amount of money. Troy has assessed the park's value at just $54,000, resulting in an annual total tax bill of about $2,200.

The Washington Park Association has been paying the tax bill as it contests it in court. The group seems to be making a tricky argument.

It agrees that, yes, the property is taxable, while claiming that its members shouldn't pay anything at all because a.) the assessment of their homes already reflects their exclusive access to the park, and b.) it's unclear who really owns it.

OK, but doesn't somebody have to own the land?

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And if neighbors don't actually own the park, how can they continue to exclude everybody else?

Washington Park has long been one of only two private, ornamental parks in New York state, with Gramercy Park in Manhattan being the other. But Gramercy Park was granted tax-exempt status by the state Legislature, a step that apparently never happened for Washington Park.

Still, neighbors note that they've been the ones caring for the 1.8-acre park all these years, and they question why the cash-strapped city would even want the land.

"We need to take better care of the parks we already have," said Lynn Kopka, a city councilwoman who is also head of the Washington Park Association.

The association also argues that the city is threatening the value of homes near the park — along with the tax revenue they generate.

"If the city wants to make it a public park," said Steven Muller, a former Washington Park Association treasurer, "then most of the owners around the park are going to grieve their assessments and say the value of their properties has been diminished."

The counterargument, though, is that opening Washington Park to the public would raise property values across the residential neighborhoods south of downtown. In the long run, revenue to the city might increase.

Opening the park would also make those neighborhoods a better place to live, because the southern end of Troy is almost entirely devoid of public parkland.

Hundreds of nearby children, among others, would benefit from opening Washington Park's gates. So if there's a legal case to be made for city ownership of the park, Troy officials should seize the opportunity.

I once rented an apartment overlooking the park, and, yes, I had one of the coveted keys to its locks. I know how lovely Washington Park is, and I understand why neighbors wouldn't want it jammed with basketball courts or a dog run. It's one of the region's truly special places.

But I don't think there's any reason why the park couldn't keep its pastoral character — it's little more than trees, grass, flowers and benches — and also be open to the public.

Frankly, it is elitist to claim that a handful of residents should have exclusive access to green space — and pay nothing for it — when others living nearby have no access to parkland.

Members of the Washington Park Association have had a good deal for years. But the rationale for that deal is weak and, for the good of the city, it's time to open the park to everybody.

cchurchill@timesunion.com • 518-454-5442 • @chris_churchill