3.0 HRSR 12-07-2015 - Laserfiche WebLink

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RELEVANT LINKS: Lemon v.Kurtzman,403 U.S. • Religious use. A city should allow religious groups access to city 602,91 S.Ct.2125(1971). buildings on the same basis as other types of groups. If religious groups are not allowed to rent these facilities in the same manner as non- religious groups, a city could be accused of religious discrimination. Moreover, a city should also be careful not to support one religion over another(i.e., endorse a particular religion)by either having too many connections with a particular religious group or charging lower rent to a religious group than it does to another group. Also see LMC information • Commercial use. A city can allow a commercial organization to use a memo,Public Purpose Expenditures. city building that is not needed for city purposes. If a city lets commercial organizations use the building for free, such free use might constitute an unlawful"gift"by the city. Good News Club v.Milford • Free speech use. Once a city allows non-city use of a public building, it Central School,533 U.S.98, 121 S.Ct.2093(2001). cannot refuse to allow a group to use it because of the content of the speech or activity. 5 McQuillin Municipal • Resident and non-resident use. Generally speaking, a city may charge Corporations§19.25(3rd ed. Revised 1995). higher fees for non-residents to use city buildings and facilities so long as there is a rational basis to support the different treatment, such as that the residents also pay other taxes that support the facility. Some cities may give residents first choice in the use of the building. A complete ban of non-residents could be problematic if it has an unlawful discriminatory effect. • Financial responsibility. A city may use this as a basis for restricting use of a city building if the financial criteria are reasonably related to the city's costs or liabilities for the building or activity. For instance,the city may require a user to show proof of dram shop insurance if liquor will be served and refuse to rent the facility to a person who does not show proof of this insurance. C. Gifts or sale for nominal considerations Generally, a city may not give away land or sell it for a nominal amount. However,there are a few limited exceptions to this general rule. Minn.Stat.§465.025. Any city may give lands to the state if the land meets the following criteria: • The land is no longer needed for municipal purposes. • The land is owned by the city in fee simple. • The land is not restricted by a grant or dedication. Minn.Stat.§465.035. Any city, county, school district, or town may lease or convey land without consideration or for nominal consideration or any agreed upon consideration to any of the following: League of Minnesota Cities Information Memo: 1/22/2015 Purchase and Sale of Real Property Page 14