Laserfiche WebLink
LMC <br />Lague o/Mie•.wee Cities <br />Cain promoting awlknn <br />I � <br />145 University Avenue West, St. Paul, MN 55103 -2044 <br />Phone: (612) 281-1200 • (800) 925 -1122 <br />Fax: (612) 281 -1299 • TDD (612) 281 -1290 <br />Buildings : Ownership and Rental <br />Prepared by: Ellen A. Longfellow <br />LMCIT Defense and Loss Control Attorney <br />Someone falls on a sidewalk going into a public building. He sues. The building is <br />owned by the city but used by the school district and the local service club. Who was <br />responsible for the construction and maintenance of the sidewalk? LMCIT has had many <br />claims involving similar scenarios. In many of those claims, it is not clear who was <br />responsible. It is important to clarify relationships of different organizations in regard to <br />who is supposed to do what. <br />I. OWNERSHIP <br />Who owns the building? Who owns the property under the building? Does it <br />make sense based upon the use of the building for that organization to own it? <br />We had claims, for example, where the city owns a building but it is being used <br />totally by another organization. The reverse of that would be when a city uses a <br />building owned by someone else. In both situations, the city should consider <br />either selling the building to the organization who uses it or in the other situation, <br />buying it. <br />Ownership of the building or property is one basisTor liability if someone has a <br />claim related to a building. It creates a duty of care. If the city owns the property <br />or building but another party is using and managing it, the city must clearly <br />transfer the liability in an indemnification provision. <br />II. RENTAL <br />If the city has a long -term relationship for use of a building, there should be a <br />written lease which outlines the responsibilities of the parties. <br />Page 7 <br />