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Trailer ownership raises questions, confusion at county level

ESCANABA — The Delta County Board of Commissioners voted this week to sell its stake in a dump trailer co-owned by the Delta Conservation District and Former Conservation District CEO Rory Mattson to either the district or Mattson — despite it being questionable whether the county owns the trailer at all.

“What type of motion would you make? We sell something that ain’t ours?” Commissioner Steve Viau asked prior to the board’s vote.

While accounts of the trailer’s history vary slightly, there are a few undisputed facts. The trailer was purchased roughly a decade ago for use at the county’s parks with the county, the conservation district and Mattson each contributing $2,000 to purchase the $6,000 trailer in a handshake agreement.

The trailer was never registered, meaning there was never a legal transfer of ownership to any individual or entity.

It has also been stated that the county was not listed as a purchasing party on the bill of sale, but the county does have a line item in the budget from the time of the payment showing $2,000 was paid for the trailer.

“Why it wasn’t registered was because when the individual fills out the title and sends it, they take it down to Secretary of State — and that’s the one mistake we made — you can’t register it in a governmental unit, a governmental unit, and a private citizen. They’ve never done it,” Mattson told the commissioners.

It is unclear what the legal ramifications of the trailer being unregistered are for whoever has a claim to it or ultimately purchases it. The process of buying a titled vehicle and then selling it without first transferring the title to the seller — commonly known as “title jumping” or “floating a title” — is illegal nationwide. In Michigan, it is a misdemeanor offense. However, with no clear, single owner for the past decade and only parties that already claim to be owners interested in purchasing the trailer, it is unknown whether the future single owner would be able to claim ownership for the entire period or if the selling parties even factor into the trailer’s chain of legal ownership.

It’s also unknown whether the line item in the county’s budget is enough for the county to claim a stake in the trailer, given that there is purportedly no other documentation showing ownership.

According to Commission Chair Dave Moyle, who was seated on the county commission at the time of the trailer’s purchase, it was agreed that Mattson would be given a right of first refusal to purchase the trailer if the county, conservation district, and Mattson ever parted ways. Now that the county has terminated its agreement with the district for parks management and Mattson has retired from the district, someone must acquire the trailer.

“I do remember Mattson getting the first right if he wants — I wouldn’t want the damn thing myself, but I mean, hey, if he wants it. I want to see the county get out of that trailer. Alright? We spent two grand on it, that’s a matter of public fact,” he said.

Mattson has also stated he had the right refusal on the trailer, but that has been disputed by the conservation district.

“I would be willing — as long as it was in half-way decent shape — to pay back the $2,000 and the $2,000 (to the county and district), that was how we made things work. I don’t care. If the district wants it, if the county wants it, just give me my $2,000,” said Mattson Tuesday.

Following the recommendations of the county’s finance committee, the board unanimously voted Tuesday to sell any claim it has to the trailer for $2,000. The board left it up to the conservation district and Mattson to work out which of the two parties would pay that sum.

“As Commissioner Moyle said, this whole situation with the parks was done with a handshake, which has been well recognized for a long time when you’re dealing with individuals (who) are of upright character, and that’s what we’ve been dealing with, and I believe that this will be taken care of in the same manner,” said Commissioner Bob Barron.

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