No, this isn’t a commentary on our economic crisis. This is a strange real estate story. A friend of ours is a real estate lawyer and he dabbles in real estate in Brooklyn. He knows this guy and the other night he told me this story…
Back in the day (turn of the century), 99 year leases on commercial buildings were common. To hedge against inflation the leases would commonly have a “gold clause”, which basically said that the owner could request payment in gold.
Following the Great Depression, FDR eliminated the gold standard in 1933. Gold clauses were declared invalid. However in 1977 a court held that gold clauses could be enforced if they were agreed to after 1933 (or something like that – I’m not a lawyer, nor do I play one on TV).
Why is this important? My friend knows a guy who was smart, eccentric and in the real estate field. This guy decided to scour the country looking for an existing lease with an enforceable gold clause. It took a year. He found one.
He spent $845,000 to buy the land. The 1912 lease entitles him to $35,000 a year. He asked for it in gold at 1912 prices (1,693 ounces of gold). The current tenant sued, won in the lower court but lost in the 6th Circuit Court of Appeals. Unless the Supreme Court takes up the appeal, that ruling will stand and the gold clause will be enforced.
At the current gold price of about $880/ounce the annual rent just went from $35,000 to just under $1.5 million. Wow.
You can read about it here…