In 1944 or so, the County (and City) conveyed land to a church. The deed contains a reverter to the County and City in the event the property is no longer used for church purposes. The church is now trying to get a loan, and the lender will not close until the reverter is gone, presumably because the lender could not foreclose and sell the property freely if the church defaults.

The cases that I have looked at say that a reverter is worthless for purposes of condemnation if the conditions necessary for the reverter are not likely to occur. Therefore, it seems to me that the County could simply sign a quitclaim to eliminate the reverter (if we so chose).

My other concern is that, in the event the church sold the property to a non-church entity, the reverter is unenforceable under the establishment clause.

My questions are:
(1) Is this basically a worthless thing that can be disposed without worrying about bidding?

(2) Given the financial benefit to the church, are there any Art. III, sec. 52a problems with signing a quitclaim without obtaining some sort of quid pro quo?

(3) Is my concern over the validity of the reverter well-founded?