LJWorld.com / Park attorney questions Oz 'gift' of land

Archive for Friday, May 11, 2001

The Associated Press

May 11, 2001

Olathe — What has been billed as a gift of land from the developers of a Wizard of Oz-themed park is hung up in negotiations over whether it's really a gift at all.

The developers don't have the land yet. They're trying to get the 9,065-acre former Sunflower Army Ammunition Plant from the federal government so they can develop the park. They're offering to do the environmental clean-up the lands needs, then give 2,800 acres back to the DeSoto School District and the Johnson County Park and Recreation District.

The "gift" is required by the federal government as part of the deal.

Wonderful World of Oz developers would score a public relations coup by giving away so much land. They might also gain a tax break if they can argue the transfer is a charitable donation, although Oz Chairman Robert Kory says deducting the value of the land isn't his plan.

But an attorney for the park district which stands to get 1,700 acres in the deal is worried that calling the transfer a "gift" might make it unenforceable in court.

"Oz may characterize it how it wishes later on but not in the agreement itself," said the attorney, Jamie Thompson.

Thompson said characterizing the transfer as a gift could jeopardize the district's ability to get the land if the Oz company goes bankrupt before transferring the land.

An agreement to give a "gift," something not legally required to be given, may not be enforceable in court.