Silver Bow committee directs county attorney to draft resolution on 2-acre school parcel

The Silver Bow County judiciary committee on Oct. 11 voted to approve communication number 2025-239 and directed the county attorney to draft a resolution to move forward with transferring about 2 acres of county park land for a school expansion.

The action was meant to restart a process stalled after an earlier resolution failed; the committee also voted to hold the new draft resolution in judiciary for further consideration. "The recommendation from this committee, to approve the sale and direct the county attorney's office to draft a resolution to introduce would be probably the appropriate mechanism," a committee member said during discussion.

The committee heard from Boyd Burnett, a member of the school board, who said negotiations with the Ramsey Association homeowners group stalled because draft agreements would have given the association approval authority over the school’s future building plans and a first right to buy the land. "They wanted control over how the build how the land was used," Burnett told the committee. "They wanted authority to tell us what they would approve for the new expansion." He said the school board's legal counsel advised the district could not accept those stipulations.

Burnett said the school board requested 2 acres for the expansion and that any portion not needed for the school would remain available for community use. "We asked for 2 acres," he said. Committee members raised a recurring community concern that partial transfers can lead to later sales of remaining parcels. Commissioner Anderson asked whether a "clawback" clause could be included so that if the school later sold portions of the parcel, ownership would revert to Silver Bow County. The county attorney responded that clawback clauses are possible to include in property-sale contracts.

Committee discussion also reviewed the history: an earlier resolution on the same matter had failed, and because the window for a motion to reconsider had passed, restarting the matter required a new communication and a drafted resolution. Committee members asked the county attorney to use previous draft materials saved in the attorney's office as a starting point. The committee amended the motion to approve communication 2025-239, direct the county attorney to draft a resolution and hold the draft in judiciary.

The motion, moved from the floor and seconded, passed on voice vote after members in attendance said "Aye." The committee did not record a roll-call tally in the minutes provided; the chair declared "Motion passes."

The county attorney will prepare a resolution reflecting direction from the committee, including possible contract provisions such as a clawback. The resolution will return to judiciary for further action and public consideration before any final transfer or sale occurs.

Background: The dispute centers on a county lease that grants the Ramsey Association maintenance or use rights at the park. School board representatives said draft agreements attempting to reconcile uses and future sales would have constrained the district's authority and that their counsel advised against signing the proposed terms. The county attorney was asked to review historical documents and prior drafts to prepare a resolution that addresses the committee's directions.