Opinion letter to the Honorable William H. Wessel

(Ans·1er by Letter ) Burns January 12, 1970 OPINION LETTER NO. 5 Honorable William H. Wessel Prosecuting ~ttorney Gasconade County 303 Schi ller St r eet Hermann, Missouri 650~1 Dear Mr . toJesael : F 11 E 0 .s- This is in ancnrer to your request as t o the legality of the leasing of certai n tower facilities belonging to Gasconade County t o a private citizen. You state that the tower is being used present l y by t he sheriff f or radio transoission purposes. We are enclosing Opinion Nb. 92, rendered J uly 28, 1961, to Harold L. Volkmer, which we believe answers the question con- tained in your request. Such opinion holds that county property may be leased for short terms to individuals l'lhen the county has no i mmed1.ate need of the facilities for county purposes. Such holding is based on the fact that the temporary leasing or r enting of the county property must be consistent with the public use the county has or will have for such property . It follows, there~ore, that if the lease can be made in this case l'lithout interfering with the public use of the county property by the county, the lease would be a uthorized. On the other hand, if the lease in any way inter- fered with the public used of the property by the county, there ''~ould be no authority f or the county to enter into such a lease. Enclosure Very truly yours, JOHN C • DANFORTH Attorney General