We have been approached by a community member who would like to donate land to the library that abuts our property. Are there any legal concerns we should be aware of before accepting this gift? Would we need a real estate attorney?
Thank you!
Congratulations on the offer! It is always good to have the local library so well thought of that people want its footprint to expand.
And congratulations on immediately thinking about practicalities:
Kids have been playing in our parking lot and my board is concerned that they will hurt themselves and we will be liable. We have a very vague policy about our parking lot being for patrons to park at only and a couple signs that say patron parking only.
Behold, the humble skateboarder: wheels spinning, scabby knees, and (if they have gotten over the fact that even when worn by Tony Hawk, it looks dorky) brain carefully protected by helmet, ready for action. Never has a humble sport posed more of a challenge to local governments, park designers, architects, and urban planners; lay down a relatively smooth surface, and there they are, ready to
One of our member libraries has asked me the following question:
This is a cool idea—aggregating and cataloging drone shots. Someone fifty years from now will be very, very grateful for that type of work!
But as the member points out, there could be some technical or legal issues, namely: copyright, privacy, and security. How does the library make sure none of those concerns negatively impact the project?
Let's take those in order.
A municipal public library has accepted a gift of real property and is selling the property.
How much autonomy does the Library have in accepting and selling this property? The sponsoring municipality feels that perhaps it is their responsibility to handle the sale according to their regular procedures, including a permissive referendum (as required by law).
In law school, one of the first classes you take is "real property."
I remember thinking, back in that first semester before my brain got converted into that of a lawyer: "Real" property? What...is there something called UNreal property?
I am looking for general information on the possible impact of Payment in Lieu of Taxes (PILOT) agreements on library tax levies. I believe that in some instances public libraries are parties to PILOT agreements.
A firm principle of this service is "don't reinvent the wheel" so here at the start of the answer, I must refer readers to Jerry Nichols' 2005 article, "PILOT Payments--a potential revenue source for public libraries."[1] The article is an excellent primer on what a PILOT agreement is, and how libraries should cultivate the awareness
Various individuals and organizations have organized historic marker/signage installations in Buffalo over the years, including the Buffalo History Museum, the Pomeroy Foundation, neighborhood organizations, etc. Sometimes one entity, an individual or nonprofit, organizes the project while another entity, a foundation or private company, underwrites it.
This question reminds me of a story told by writer/actress Sarah Vowell in her book, Assassination Vacation.
When researching in Buffalo for the McKinley chapters, Vowell met a resident with scars caused by a childhood bike crash into a marker related to the McKinley assassination.
Is it legal for libraries to ban smoking on all of their owned property rather than 100 feet from entrances?
Not only is it legal, but it is required by law.
When the new provisions of New York’s Public Health § 1399-o first went into effect June 19, 2019, “Ask the Lawyer” got a question about enforcement, so we wrote a guide for implementation.
We are a Special Legislative District Library. We are constructing a new library and will be selling our current building. I would like to know if there are any specific steps we are legally required to take in selling the property. For example is public notice of the sale required? Are we required to entertain a certain number of offers, etc.?
A new library building! How exciting. And what a huge additional array of additional duties it presents, as the library begins to think about moving.
Transitioning library space is a huge undertaking. And when it involves selling the legacy structure previously occupied, the task can get even bigger.
What laws impact a library’s next-door-neighbor relationships? Are there best practices for neighbor disputes?
There are few relationships that can be as rewarding—and as fraught with tension—as the relationship between neighbors. I have seen neighbors unite to fight for preservation of their streets historic assets, and I have seen neighbors bring law suits over shrubbery. A library is wise to cultivate a good relationship with its neighbors, just like a person would at their own home.
