The TN Supreme Court, in 1965, ruled that the City of Memphis does NOT own the piece of property between Union and Monroe and Front Street and Riverside Dr. The decision legally recognized the Public Promenade easement, which gives citizens of Memphis a right to use the iconic riverfront land as a promenade. A copy of that decision is on file with the Register of Deeds and online HERE at casetext. City of Memphis v. Overton, 54 Tenn. App. 419, 392 S.W.2d 86 (Tenn. Ct. App. 1965)
Dedicated, NOT donated
The Public Promenade was dedicated, NOT donated. There are two ways to dedicate land: 1) by plat map and 2) by deed. The Public Promenade was dedicated by plat map. Here's the map, which is filed with the Register of Deeds and which is also engraved into the pavement in front of the Benjamin Hooks Main Library.
Plat map 3, Page 113, "Plan of Memphis", Officer of the Register of Shelby County
Later, after the City was chartered in 1826, the intention of the dedication was further clarified: "Thirdly: In relation to the piece of ground laid off and called the Promenade, said Proprietors say that it was their original intention, is now, and forever will be, that the same should be public ground for use only as the word imports, ....
Jno. Overton (seal)
Jno. McLemore (seal)
George Winchester (seal)
William Winchester (seal)
It was an ingenious way to insure protection of the land, and it binds everyone: the City, citizens, and descendants of the founders ("heirs"). Citizens have the right to use the land as a public promenade forever. The City has the responsibility to guard against encroachment and act as trustee of the Public Promenade for citizens. The descendants have the right to enjoy the Promenade just like everyone does and the right to enforce the easement to block misuse of the land.
Friends for Our Riverfront (FfOR), an all-volunteer non-profit, formed in 2004 to promote revitalization and protection of the historic, natural, and public waterfront. Sadly, when selecting a site for a new museum, the City and Brooks, Inc. ignored the significance of the land, the issue of ownership, and the easement that protects the Public Promenade. FfOR, with three descendants of the city's founders, has filed suit to enforce the easement and protect the right of all citizens to the Public Promenade along the face of Memphis. To read the lawsuit, click HERE.H.
If Brooks and the City think a museum downtown is a good idea, there are lots of locations available that don't block the Public Promenade.
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