Private profit through use of public land?

Question

Is it legal in the state of Washington, or in any other state to use public land to create a private profit?

More specifically, would somebody be able to use a high school's tennis courts for their own private tennis lessons?

Would they have to receive approval from the high school, or from the state, or how would that work?

Answer 1

i think somethings people just do and never ask. If you ask then they will turn you down but if you go give tennis lessons and get paid for it using a public court, noone will say anything. I don't think they can. You selling a service not the actual court. You just have to abide by the rules of the property though. Many tennis court have 1 hr limit if people are waiting.

Answer 2

I am not a lawyer and I do not know the legal stuff, but I can tell you how the industry works.

It is actually quite common for public tennis courts to be "managed" by private parties (concessionnaires) - who use public property under contract with the city or school district to provide programming for the local community.

The concessionnaire provides organization, compliance and supervision, while reducing the need to add staff to the park and rec or school department budget, and the local community gets managed programs, so it is a win win win.

In the absence of such a contractor, city or school district employee, there is probably some local statute or park and rec department guideline on the accepted use a public tennis court. I would say that if the teacher / student relationship was formed "outside" the park, and then the park or tennis court was scheduled in accortdance with otherwise acceptable uses - then sure, a teaching pro should be able to use a public court to teach tennis - since the student can hardly "take advantage" of the public tennis courts if they do not know how to play the game. Kind of like the reason Verizon "overnight's" you a new phone when your phone breaks: because you can't spend any money racking up yourt bill if your phone does not work.

I am sure you can find more of the legalese through the USTA and the NRPA.

The USTA article on "Tennis in the Parks" is here: http://www.usta.com/adultsseniors/fullstory.sps?iNewsID=164661&itype=&iCategoryID=

The NRPA articles are here: http://www.nrpa.org./content/default.aspx?documentId=4645

Answer 3

I don't believe it is legal in this circumstance. Seems to me the school district has the final say-so and it would be no way. It would be huge liability for the district if one of the tennis teachers' students were to be injured on the premises.

Answer 4

There are a lot of laws regarding use of federal and state lands to make profit through mining, logging, etc. So in general, yes it can be done.

As to your specific example, it would depend on the specific example and the school's policy on non-student use of the facilities.