BRATTLEBORO — If the town of Brattleboro had paid for its town common, it would have recorded the deed. If it wants to claim ownership under “adverse possession,” it must first prevail in court to obtain the deed. The issue of First Amendment rights only comes into play where the town is attempting to curtail protected speech on public land.
The people, and Selectboard, of Brattleboro are required to accept the “claim” that the common belongs to the Centre Congregational Church for the same reason they are required to accept the “claim” that you (presumably) own the house you live in: the deed grants title to the owner.
There has been a response from the Selectboard: to pressure the church to just hand over the land it rightfully owns. I am shocked at this attempt to sidestep the legal processes the town has at its disposal.
I would think a simple mediation could compare the claims that the town and church have and reach an equitable solution. After all, Jesus never said “Render unto Caesar what is God's.”