Our local 4-H shooting club has the opportunity to purchase the land on which they now have their range. In the past, they have had to move several times when landowners want to use their land for something besides 4-H kids shooting guns. The 4-H club cannot own property. This apparently is an opinion handed down by someone in the Extension Service at A & M. Obviously, there are probably other problems with an unincorporated group owning property. My question is, can the county take the deed to the property if the 4-H club pays for the land and any costs associated with the land? I am concerned about (1) the potential liability that the County may have from having this sort of activity on county property and (2) whether the county can basically hold property for the use of one particular group, albeit one that has some state sponsorship. I would appreciate any wisdom that may be out there on this subject.

First, the rote. Counties are entities of limited jurisdiction. That is, a county has no authority unless it is specifically conferred by the constitution or statutes, or necessarily implied from those authoritative sources. I'm unfamiliar with any statutory or constitutional authority for the county to operate a sport shooting range (aside from a sheriff's department training/skills development facility), so direct operation of the range by the county probably wouldn't be appropriate. With that said, I don't know of any prohibition against accepting the property then leasing it back to the 4-H club. However, the county may be setting itself up to be the primary recipient of the complaints you've been describing. Moreover, under section 250.001, Local Government Code, you could be facing the anomolous situation of the county's own property being exempt from any county regulation of noise-related nuisances. It sounds like a potential PR minefield.

Can your county accept the property as a Sheriff's Office range with the understanding that it will be available for 4-H, local shooting club, etc? If you can, the PR would be great. Sny organization wanting to use the range would schedule through the Sheriff (we have a local Rifle & Pistol Club)to avoid having several groups using it at one time.

I have advised the commissioner that it would probably very difficult to accept a donation of land and then have to accept bids for leasing the land and hope that the 4-H shooting club came in with the best bid rather than someone else.

I have now found out that the 4-H shooting club has a lease on the land in question for 100 years for $1.00 per year. The question now posed to me is, could the county accept the donation to the land, subject to the existing lease?

Part of me says that since the county is out no money and the lease serves a public purpose (i.e., 4-H is open to everyone and is free)that there would not be a problem accepting the donation of land subject to the lease.

Part of me says what is the point of going through this exercise when the 4-H club has a lease on the property for such an extended period of time? I also wonder if a deal such as this is just a nice way of circumventing the Local Government Code; anyone could lease land before donating it to the county and do all sorts of things on county property that could not otherwise be done.

I have not come across any authority to suggest which part of me is correct. Any help, as always, is appreciated.