Could South Mansfield let private groups use its public community center for short events?

Plain-English summary

In 2013, the Louisiana Attorney General said the Village of South Mansfield could allow private individuals to use its publicly owned community center for short events, including banquets and luncheons. For those limited uses, the AG did not apply the land-lease procedure in La. R.S. 33:4712.

The village still had to receive value or a benefit commensurate with the use to avoid a public-funds violation under the Louisiana Constitution. The AG advised the village to adopt a fee schedule available to organizations and award use on a first-come, first-served basis. Those recommendations drew on earlier opinions about public buildings.

Currency note

This opinion was issued in 2013. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Could a private group hold a banquet at the village's community center?

The AG said the village had discretion to allow the short-term uses described, provided it received commensurate value or benefit for the public building's use.

Did every short event have to follow the public-land lease statute?

No. The opinion said the described limited, short-term use did not invoke La. R.S. 33:4712's lease-of-land provisions. It did not decide rules for longer or exclusive leases.

Could the village charge organizations for using the center?

Yes. The AG advised a policy with a fee schedule for organizations wishing to use the center. It also advised awarding use on a first-come, first-served basis.

Background and legal framework

Mayor Euricka Mayweather asked whether private individuals could use South Mansfield's community center and whether the village could charge them. The AG applied the public-funds restriction in Louisiana Constitution Article VII, Section 14 and compared the proposed events with earlier opinions concerning limited use of school and town property. Its answer turned on the limited duration and the value returned to the village.

Citations

• La. R.S. 33:4712 (land-lease provision discussed and found inapplicable to these limited uses).
• Louisiana Constitution, Article VII, Section 14 (public-funds limit discussed in the opinion).
• La. Atty. Gen. Op. Nos. 02-0363, 03-0218, and 10-0006 (earlier public-property opinions discussed).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/13-0161

Original opinion text

~tat£ of Ifiouisiana
DEPARTMENT OF JUSTICE
P.O. BOX 94005
BATON ROUGE
70804-9005
JAMES D. "BUDDY" CALDWelL
ATTORNEY GENERAL

NOV 2 5 2013
OPINION 13-0161

90-A-1 PUBLIC FUNDS & CONTRACTS
Hon. Euricka Mayweather
La. R.S. 33:4712
Mayor, Village of South Mansfield
P.O. Box 995
The Village of South Mansfield has the discretion to allow short-term
limited uses of a publicly owned building prOVided it obtains in return a
Mansfield, LA 71052
value or benefit that is commensurate or equal with the use.

l?ear Mayor Mayweather:

Your request for an Attorney General's Opinion has been assigned to me for research and reply. On behalf of the Village of South Mansfield ("Village"), you have asked for our opinion as to whether the Village may allow private individuals to use a community center. You also ask whether the Village may charge for such use.

It is our understanding that a majority of the proposed third-party uses of the community center would be for limited short-term events such as banquets, luncheons, etc. In our view, these limited short-term uses do not invoke the lease of land provisions of La.
Rev. Stat. 33:4712. We believe the Village has the discretion to allow these limited uses provided it obtains in return a value or benefit that is commensurate with such use in order to avoid any violation of Louisiana Constitution Article VII, Section 14.

In accord is Attorney General Opinion No. 02-0363, which opined that the Caldwell Parish School Board could contract for the non-exclusive use of its publicly owned property by a religious organization. There, the School Board had already adopted a policy that set forth a fee schedule for any organization wishing to rent the property and had expressed a commitment not to treat religious organizations any differently than any secular organization. Similarly, Attorney General Opinion No. 03-0218 concluded that the Town of Elton could permit limited short-term uses of public property upon payment of a set fee schedule. In this case, the Town of Elton wanted to permit the use of a town building for a church group to hold Bible studies. In our conclusion, we found no legal prohibition against permitting a non-resident use of the town building when the rental fee was, uniformly paid by those seeking the rental. We also opined that it would appear to be reasonable to allow use of the building on a first come, first serve basis so as not to be biased. Finally, in Attorney General Opinion No. 10-0006 we opined that the Town of Mansura had the discretion to allow short-term limited uses of a publicly owned building provided it obtained in return for a value or benefit that is commensurate or equal with the use.

Page 2

Opinion 13-0161
Mayor Euricka Mayweather
Page 2

In accord with the prior opinions of this office, it is our opinion that the Village has the discretion to allow short-term limited uses of the community center provided the Village obtains in return a value or benefit that is commensurate with the use. We also advise that the Village adopt a policy that sets forth a fee schedule for any organization wishing to use the community center and that such use shall be awarded on a 'first come, first serve basis.

We trust this adequately responds to your request. If you should have any questions about the response contained herein, please feel free to contact our office.

Yours very truly,

BY:
~ VALLAN
. ttorney General

JDC/MJV/crt