Business on County property

[forestdolin]

Is there a state law in WV that prevents people from making money on County property?
In Boone County the local government has declared that the state has a law preventing individuals or businesses from profiting on County property. They refuse to let anyone establish a business anywhere on county owned property. This has prevented multiple people from opening businesses. To make things extra clear. They say that its illegal for them to lease property to someone for the purposes of opening a business.

 

[quincy]

Is there a state law in WV that prevents people from making money on County property?
In Boone County the local government has declared that the state has a law preventing individuals or businesses from profiting on County property. They refuse to let anyone establish a business anywhere on county owned property. This has prevented multiple people from opening businesses. To make things extra clear. They say that its illegal for them to lease property to someone for the purposes of opening a business.

There is no state law that prevents people from making money on county property.

West Virginia gives to counties and municipalities the authority to create and adopt land use and zoning plans, however. Property owned exclusively by the County and used by the County for public purposes can be tax exempt.

http://www.wvlegislature.gov/wvcode/chapterentire.cfm?chap=11&art=3&section=9
http://www.wvlegislature.gov/wvcode/code.cfm?chap=08a&art=7

 

[bcr229]

What county-owned property do the businesses want to lease?

 

[justalayman]

Is there a state law in WV that prevents people from making money on County property?
In Boone County the local government has declared that the state has a law preventing individuals or businesses from profiting on County property. They refuse to let anyone establish a business anywhere on county owned property. This has prevented multiple people from opening businesses. To make things extra clear. They say that its illegal for them to lease property to someone for the purposes of opening a business.

Yes, please make things clear.


What sort of county property and what sort of businesses are you concerned with?


I will say that your question seems a bit unusual. Most businesses rent or purchase property from private entities.

About the only situation near me (a different state entirely so just used as example) that I can think of where a private business would do business on county property would be during our county fairs and possibly a business that operates on airport property. Other than that I can’t think of a lot of private business activity on any county property.

What did you have in mind?

 

[forestdolin]

We have a small water park that is run by the county. We have had people try to start other entertainment/tourism based businesses. One in particular was a zip lining business. The county claimed that they couldn’t lease property to someone for the purpose of that person making money. We also have someone who wants to open up a trash disposal depot.

 

[justalayman]

So they are upset the county won’t lease property to them. Then they do what every other business does: buy or rent property from a private entity.

The county is likely concerned about liability issues. Even though they wouldn’t own the business, they could get drug into a suit, and possibly even found to be liable at some level, if somebody should be injured. Zip lines are high risk businesses with a possibility of serious injury.

 

[adjusterjack]

We have a small water park that is run by the county. We have had people try to start other entertainment/tourism based businesses. One in particular was a zip lining business. The county claimed that they couldn’t lease property to someone for the purpose of that person making money. We also have someone who wants to open up a trash disposal depot.

There is no law saying that ANY property owner (government or otherwise) has to rent or lease any of its property to anybody else.

It's the owner's CHOICE.

That somebody is saying it's law is probably some bureaucrat's way of saying shut up and go away.

 

[not2cleverRed]

We have a small water park that is run by the county. We have had people try to start other entertainment/tourism based businesses. One in particular was a zip lining business. The county claimed that they couldn’t lease property to someone for the purpose of that person making money. We also have someone who wants to open up a trash disposal depot.

For clarification: you are a resident of the county, and the county has a county run water park. You, yourself do not have a part in running the water park. Correct?

No one has to rent or allow a vendor on their property.

If someone wants to open a zip-lining business, they should invest in a plot of land where they can set up their business. If they do not have the money to buy (or get a long term lease) for such land, then they also are not ready for the responsibility of being adequately insured.

A trash disposal depot has to be carefully located.

 

[forestdolin]

So they are upset the county won’t lease property to them. Then they do what every other business does: buy or rent property from a private entity.

The county is likely concerned about liability issues. Even though they wouldn’t own the business, they could get drug into a suit, and possibly even found to be liable at some level, if somebody should be injured. Zip lines are high risk businesses with a possibility of serious injury.

They won’t lease property to anyone. I think that your idea that it’s just them trying blow people off is right.

 

[justalayman]

They won’t lease property to anyone. I think that your idea that it’s just them trying blow people off is right.

If they won’t lease to anyone, then no party can argue unequal treatment. That’s the cleanest way for a municipality to set a rule.

So it becomes simple: if people want to start a business, they rent or buy their own property and open their doors.

Is there some reason you find it so egregious the county won’t lease property to individuals to open a business on?

 

[bcr229]

They won’t lease property to anyone.

No county in WV does. They may contract with certain companies like caterers or DJ's for special events, or individuals and organizations can rent spaces like library meeting rooms, but no business is allowed to set up shop with the county property listed as its premises address, or to have its day-to-day operations there.

 

[forestdolin]

If they won’t lease to anyone, then no party can argue unequal treatment. That’s the cleanest way for a municipality to set a rule.

So it becomes simple: if people want to start a business, they rent or buy their own property and open their doors.

Is there some reason you find it so egregious the county won’t lease property to individuals to open a business on?

The fact that they just lie about it instead of just say why.

 

[quincy]

The fact that they just lie about it instead of just say why.

Not all misstatements should be taken as lies.

 

[adjusterjack]

Not all misstatements should be taken as lies.

I'd be more inclined to believe that the lower echelons are just parroting what they are told by their bosses and don't care whether it's law or not.

 

[quincy]

I'd be more inclined to believe that the lower echelons are just parroting what they are told by their bosses and don't care whether it's law or not.

I agree that is more likely to be the case.

I think the County's main interest could be in preserving their land's tax-exempt status.