My judge wants to lease a portion of real property including the buildings thereon to our historical society. The purpose is to guarantee the society that they would have the use of the buildings and property for historical purposes for a long term of years; this is a request by the society to justify the society spending dollars to renovate the buildings. My Judge would like to lease the property and have provisions which would allow the county to terminate the lease if certain conditions are not met by the society (e.g., the society fails to maintain the buildings and prperty, etc.).

The other thing I am looking for is an order and a contract (if necessary) which allows the county to extend into, and enforce traffic regulations/rules in, a private subdivision pursuant to Tans. Code Sec.542.007.

[This message was edited by HeatherH on 10-20-11 at .]

Heather, I think you are going to have to be very careful here. The "not binding a subsequent court" issue is going to raise its ugly head again. Even if the constitutional amendment passes, you aren't dealing with a city, so the new law won't help you.

I think I would write it for annual review by a committee of 2 commissioners and 2 members of the museum board, with the presumption of a recommendation for renewal if the criteria you set out are being met. Awkward, I know - but probably legal.

Lisa L. Peterson
Nolan County Attorney

may be in violation of the reserved powers doctrine.

good luck

Sorry, I still think it is illegal for a county, no matter how well advised it might be.

Lisa L. Peterson
Nolan County Attorney