Neighbors contest Magness Memorial Tree Farm auction
The World Forestry Center is auctioning the 77-acre wildlife sanctuary
A local memorial tree farm property could see a new owner soon — but some neighbors are against it.
The World Forestry Center (WFC) has plans for a sealed-bid auction on Magness Memorial Tree Farm to take place November 12. Meanwhile, the Ladd Hill Neighborhood Association (LHNA) is urging the Forestry Center to cancel or suspend the auction, saying the property is a wildlife sanctuary gifted for public benefit.
The 77-acre Magness Tree Farm at 31195 S.W. Ladd Hill Rd., Sherwood, was donated in 1977 by Howard and Panzy Magness to the Oregon Parks Foundation and stewardship then transferred to the World Forestry Center. The site was originally developed as a demonstration location for woodland owners to showcase forest management and silviculture, or the cultivation of timber production.
The donation included explicit legal conditions, including a 35-year restriction that “the entire area will be preserved and maintained as a wildlife sanctuary for the preservation, observation, and study of the natural flora and wildlife of the region.”
Although this clause expired in 2012, a modification states that the Magness family desired the property to continue to be preserved, maintained, and used for the above-stated purposes, or put to a similar use to fulfill their intention of the donation.
Also, the provisions say all proceeds derived from the property are intended for the maintenance and improvement of the property unless the funds are not needed.
Why auction?
The WFC is the current steward of the private property, which includes 2.5 miles of hiking trails, sheltered picnic areas, meadows, streams, and forests. On May 1, the tree farm was temporarily closed due to staffing constraints.
In a statement, the WFC said “this decision (to auction) follows several years of exploring potential collaborations with conservation and public entities that could have maintained public use of the property.”
According to its statement, the WFC decided to sell the Magness Memorial Tree Farm and adjacent Heater Road property through a sealed-bid auction after careful evaluation of the organization’s resources and long-term strategic priorities.
“It is the right time to transition the properties to their next caretakers to manage consistent with (the) deed and land use restrictions, and for the WFC to dedicate the proceeds to the organization’s core education programming,” the statement said.
According to the WFC, the properties are both zoned in the Timber District, which prohibits large-scale subdivisions and developments — but allows youth camps, private parks, campgrounds, or educational purposes, which the WFC says is consistent with the property’s historical use.
Why not auction?
According to the LHNA, a potential buyer might not be aware of the legal conditions, and could put the wildlife sanctuary at risk, clear-cut the forest, or exclude public access.
Jesse Buss of Oregon City-based Willamette Law Group is the neighborhood group’s attorney.
“The Magness property isn’t just real estate — it’s a public trust,” Buss said. “The WFC accepted it as a gift to steward for the people of Oregon, not to sell. If it no longer wants that responsibility, then it can pass the torch to another nonprofit or public agency — but it can’t cash out and keep the proceeds.”
In a letter representing the LHNA to the WFC, Buss said while the LHNA is not opposed to the WFC transferring the property to a successor trustee, it is interested in making sure that any transfer is consistent with the terms of the trust — and that the next steward is prepared to continue to fulfill Magness family’s desires.
“Under the terms of the trust, the WFC cannot sell the Magness Memorial Tree Farm and keep the proceeds for itself,” Buss wrote. “The successor trustee — whoever that turns out to be — is the proper party to determine the use of any funds generated by the property.”
Under this argument, the WFC should either retain the conservation trust lands as trustee or pass them on to a successor trustee. Either way, the land should be managed as a wildlife sanctuary unless the state or a court grants permission for another similar use first.
What’s next?
Meanwhile, the Oregon Department of Justice (ODJ) Assistant Attorney General Susan Bower is getting involved.
On Friday, October 3, the ODJ ordered the WFC to produce documents as part of an investigation to determine whether there has been a violation of some state laws including the nonprofit corporations act, charitable trust and corporations act, and charitable solicitations act.
“We have concerns that the sale may violate the terms of the gift made by the Magness family,” Bower wrote in a letter to the WFC. “On first blush, it appears that the gift is restricted … as such, it seems appropriate to delay the bid deadline or suspend it until we can further review the matter or the organization can obtain court approval to sell the land.”
The WFC has until Friday, November 7 to respond to the ODJ with documents.
“We want to work with the World Forestry Center, not against it, but we believe that selling this land to the highest bidder would betray the Magness family’s gift and the public’s trust,” said Carole Dinger, co-president of the LHNA. “Our community treasures this forest as a living habitat and a place where children for many generations have been able to learn — and should be able to continue to learn — from the land. The forest is a powerful source of nature’s energy for our well-being. We ask WFC to honor that legacy.”
If the WFC proceeds with the auction and sale, the neighborhood association says it will ask a court to enforce the gift and trust restrictions to protect the land for future generations.
Bibliography
Oregon Department of Justice matter number: 137300XCT0047-25
https://www.oregonlegislature.gov/bills_laws/ors/ors128.html
https://www.facebook.com/profile.php?id=61582003950532#
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