Usually, parking areas offered by spiritual establishments are thought-about personal property, even when open to the general public for companies and occasions. This implies the church or different spiritual group holds possession and management over the lot, granting permission for its use underneath particular, typically implicit, circumstances. For instance, parking is often permitted for attendees of companies or church-related actions. Unauthorized parking, like in a single day stays or utilizing the lot for unrelated functions, will be prohibited.
This property designation permits spiritual establishments to handle their sources successfully, making certain parking availability for his or her congregants and guests whereas mitigating potential liabilities. Traditionally, the event of devoted parking areas by church buildings mirrored evolving transportation patterns and the necessity to accommodate rising congregations. Understanding the personal nature of those areas fosters respect for the establishment and promotes a harmonious surroundings for all.
The nuances of parking zone rules, potential liabilities for property house owners, and the rights of people utilizing these areas are essential subjects for additional exploration.
1. Possession
The precept of “church holds title” is prime to understanding why a church parking zone is taken into account personal property. Title possession bestows upon the church the authorized proper to regulate and regulate using the land, together with the parking space. This possession varieties the premise for establishing guidelines of entry, permitted actions, and enforcement mechanisms. For instance, a church possessing the title to the parking zone can legally prohibit non-church associated actions, implement cut-off dates, and even tow unauthorized autos. With out title possession, such management can be legally untenable.
The sensible significance of title possession turns into evident in numerous situations. Think about a state of affairs the place a car is broken whereas parked on church property. The church, because the title holder, would possibly bear sure liabilities relying on the circumstances and relevant native legal guidelines. Conversely, if the parking zone have been public land, legal responsibility might fall underneath a distinct jurisdiction. Title possession additionally permits the church to make choices relating to the lot’s future, reminiscent of enlargement, redesign, and even sale. This underscores the essential position of title possession in establishing the personal nature of church parking heaps.
In abstract, title possession varieties the cornerstone of a church’s proper to handle and regulate its parking space as personal property. This authorized standing gives the framework for implementing parking insurance policies, addressing legal responsibility points, and making long-term choices in regards to the property. Recognizing this connection is essential for understanding the authorized context and sensible implications surrounding using church parking heaps.
2. Management
The power of a church to ascertain and implement guidelines relating to its parking zone is a direct consequence of its personal property standing. This management underscores the excellence between a publicly accessible area and one owned and managed by a personal entity. Analyzing the sides of this management gives a deeper understanding of the sensible implications of personal possession on this context.
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Utilization Restrictions
Church buildings typically implement guidelines relating to permitted makes use of of their parking heaps. These would possibly embody limiting parking to these attending companies, church-related actions, or particular occasions. For instance, a church would possibly prohibit in a single day parking, business car use, or parking by non-members exterior of designated occasions. Such restrictions are legally enforceable as a result of church’s possession and management of the property. These limitations are essential for managing restricted parking sources and making certain availability for supposed functions.
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Time Limits
Church buildings could impose cut-off dates on parking, significantly throughout companies or occasions, to make sure environment friendly turnover and accommodate all attendees. Signage speaking these limits is a typical observe, serving as notification to customers. Enforcement of those cut-off dates, which might embody ticketing or towing, is an extra demonstration of the church’s management stemming from its personal property rights.
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Safety Measures
As house owners of personal property, church buildings can implement safety measures inside their parking heaps. This would possibly embody putting in surveillance cameras, hiring safety personnel, or implementing managed entry methods. These measures goal to guard church property, guarantee the security of congregants and guests, and deter unauthorized actions. The power to implement such measures stems immediately from the church’s management because the property proprietor.
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Enforcement Mechanisms
Church buildings sometimes make use of numerous strategies to implement parking guidelines. These can embody signage indicating parking restrictions, warnings issued to violators, and finally, towing unauthorized autos. The authorized foundation for these enforcement mechanisms rests on the church’s personal property rights, which permit them to regulate entry to and actions inside their parking zone. Clear communication of those enforcement practices helps keep order and handle parking successfully.
The church’s capability to ascertain and implement these guidelines exemplifies its management over the parking zone as personal property. This management serves to handle sources, keep order, and make sure the supposed use of the area, aligning with the broader authorized framework surrounding personal property possession. Failure to respect these guidelines, established underneath the church’s personal property rights, might lead to penalties reminiscent of towing or different enforcement actions. Understanding this connection is crucial for navigating using church parking heaps appropriately and avoiding potential points.
3. Entry
Whereas categorized as personal property, church parking heaps typically present entry to the general public, making a nuanced state of affairs. This obvious contradiction requires cautious examination to know the constraints and implications of this public entry within the context of personal possession. Exploring the sides of this entry reveals the fragile steadiness between accommodating public use and sustaining the church’s management over its property.
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Implied Permission
Public entry to church parking heaps is often predicated on an implied permission for actions immediately associated to the church’s operate, reminiscent of attending companies, spiritual schooling lessons, or church-sponsored occasions. This implied permission doesn’t prolong to unrestricted public use and will be revoked at any time. As an example, parking to entry close by companies or utilizing the lot for leisure functions would doubtless fall exterior this implied permission and could possibly be topic to enforcement actions by the church.
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Restricted Scope
The scope of public entry is inherently restricted by the church’s personal property rights. This implies the church retains the authority to manage the occasions, method, and objective of public entry. For instance, a church would possibly prohibit parking throughout particular hours, restrict entry to sure areas of the lot, or prohibit sure sorts of autos. These limitations serve to handle the parking useful resource successfully and align its use with the church’s supposed functions.
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Revocability
Crucially, the permission for public entry will be revoked by the church at any time. This reinforces the underlying actuality of personal possession and the church’s final management over its property. Elements reminiscent of safety considerations, property upkeep wants, or unauthorized actions might immediate the church to limit or revoke public entry. Signage, limitations, or safety personnel will be employed to speak and implement such modifications in entry coverage.
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Legal responsibility Issues
The extent of public entry can affect legal responsibility issues in instances of accidents or incidents inside the parking zone. Whereas typically, the church’s legal responsibility for incidents involving members of the general public is decrease than for invited friends or these with specific permission to be on the property, broader public entry would possibly create a larger obligation of care, significantly if the church is conscious of potential hazards or frequent public use. This highlights the complicated interaction between public entry and the church’s duty for sustaining a secure surroundings on its personal property.
Understanding the restricted and revocable nature of public entry to church parking heaps underscores the truth that, regardless of being open to the general public for particular functions, the property stays underneath the church’s personal possession and management. This cautious steadiness permits church buildings to serve their communities whereas retaining the mandatory authority to handle their sources and shield their pursuits. Respecting this steadiness is essential for avoiding potential conflicts and making certain harmonious use of those shared areas.
4. Limitations
The idea of “particular makes use of solely” is intrinsically linked to the personal property standing of a church parking zone. This precept reinforces the church’s authority to outline and regulate permissible actions inside the lot, distinguishing it from public areas with broader utilization rights. Understanding the assorted sides of those limitations gives crucial perception into the sensible implications of personal possession on this context.
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Congregational Actions
The first designated use of a church parking zone is to facilitate the church’s core capabilities and accommodate its congregation. This contains parking for spiritual companies, weddings, funerals, spiritual schooling lessons, and different church-sponsored occasions. This prioritization ensures that the church can fulfill its mission and serve its members successfully. Parking for these actions is often thought-about an implied permission granted to members and attendees.
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Restricted Entry
Church buildings typically implement restrictions on who can use their parking heaps and when. This would possibly embody limiting parking to members solely throughout sure occasions, prohibiting in a single day parking, or limiting entry to particular areas of the lot. For instance, a church would possibly reserve nearer parking areas for aged or disabled members, or prohibit entry to a selected space for workers or volunteers. These restrictions are a direct manifestation of the church’s personal property rights and its authority to regulate entry to its premises.
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Prohibited Actions
Sure actions are sometimes prohibited in church parking heaps as a result of their incompatibility with the supposed use of the area or potential legal responsibility considerations. These would possibly embody business actions, reminiscent of utilizing the lot for a flea market or automotive wash, or leisure actions like skateboarding or taking part in sports activities. Enforcement of those prohibitions, typically by way of signage and towing insurance policies, underscores the church’s authority to manage actions on its personal property.
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Particular Permissions
Whereas particular makes use of are prioritized, church buildings could grant particular permissions for actions exterior the everyday scope. This might contain permitting group teams to make use of the lot for occasions, offering parking for emergency companies throughout a disaster, or accommodating overflow parking for close by occasions with prior association. These exceptions, granted on the church’s discretion, reinforce its management over the property whereas demonstrating group engagement. The power to grant or deny these permissions highlights the church’s autonomy in managing its personal property.
The constraints on use in a church parking zone immediately stem from its personal property standing, empowering the church to handle its sources and keep an appropriate surroundings for its supposed functions. Respecting these limitations will not be solely legally sound but additionally essential for fostering a harmonious relationship between the church and the group it serves.
5. Legal responsibility
The difficulty of legal responsibility inside a church parking zone is inextricably linked to its standing as personal property. As a result of the church holds possession and management, it bears sure tasks relating to the security and well-being of people utilizing the lot. Understanding these tasks is essential for each church directors and people who make the most of church parking services.
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Responsibility of Care
Church buildings, as property house owners, owe an obligation of care to people on their premises, together with the parking zone. This obligation requires the church to take affordable steps to keep up a secure surroundings and forestall foreseeable hurt. This might embody addressing hazards like potholes, insufficient lighting, or icy circumstances. The precise obligation of care owed could range relying on the authorized jurisdiction and the standing of the person on the property (e.g., invitee, licensee, trespasser). Failing to fulfill this obligation of care might expose the church to legal responsibility claims if somebody is injured as a result of negligence.
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Foreseeable Hazards
A key facet of legal responsibility pertains to foreseeable hazards. Church buildings are anticipated to determine and tackle potential risks {that a} affordable individual might anticipate. For instance, if a piece of the parking zone is persistently poorly lit and identified to be a high-crime space, the church is likely to be liable if somebody is injured throughout a theft in that space. Common inspections, immediate repairs, and sufficient safety measures may also help mitigate the chance of foreseeable hazards and restrict potential legal responsibility.
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Legal Acts
Whereas church buildings are usually not typically accountable for the prison acts of third events, legal responsibility can come up if insufficient safety measures contribute to the chance of such acts. As an example, if a church parking zone is understood for frequent automotive break-ins and the church fails to implement affordable safety measures, reminiscent of lighting or surveillance cameras, it could possibly be held partially responsible for damages ensuing from theft. Balancing safety issues with sensible limitations and useful resource constraints is an ongoing problem for church directors.
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Waivers and Limitations
Church buildings could try to restrict their legal responsibility by way of using waivers or signage. For instance, an indication indicating that parking is “at your individual danger” would possibly assist to scale back legal responsibility in some conditions. Nevertheless, the effectiveness of such waivers can range relying on native legal guidelines and the particular circumstances of an incident. Searching for authorized counsel to draft and implement applicable legal responsibility limitations is advisable for church buildings navigating this complicated concern.
The interaction between legal responsibility and the personal property standing of a church parking zone is a posh authorized space. By understanding their obligation of care, addressing foreseeable hazards, and taking affordable safety measures, church buildings can decrease their potential legal responsibility and create a safer surroundings for everybody who makes use of their parking services. Consulting with authorized professionals and insurance coverage suppliers can present additional steering on managing legal responsibility dangers and making certain sufficient protection.
6. Enforcement
Enforcement mechanisms, reminiscent of towing and signage, are key instruments accessible to church buildings managing parking heaps as personal property. These instruments enable the church to manage utilization, keep order, and make sure the area serves its supposed objective. Exploring the sensible software of those enforcement strategies gives a deeper understanding of how personal property rights translate into actionable management over parking areas.
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Signage as Communication
Signage performs an important position in speaking parking guidelines and restrictions. Clearly displayed indicators informing customers of permitted parking occasions, designated areas, and prohibited actions are important for establishing discover. For instance, indicators indicating “Parking for Church Members Solely,” “No In a single day Parking,” or “Tow-Away Zone” serve to tell drivers of the principles in impact. Correct signage helps mitigate potential disputes and gives a authorized foundation for enforcement actions. The strategic placement and readability of those indicators are essential for successfully speaking parking limitations to customers.
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Towing as a Deterrent and Treatment
Towing unauthorized autos serves as each a deterrent and a treatment for parking violations. It permits the church to take away autos parked in violation of established guidelines, releasing up areas for professional customers and reinforcing parking restrictions. Towing insurance policies needs to be clearly communicated by way of signage to make sure transparency and supply truthful warning to drivers. Sustaining data of towing incidents, together with photographs and documented causes for towing, can shield the church towards potential disputes or authorized challenges. Towing procedures ought to adjust to native rules and be carried out by licensed towing corporations to keep away from authorized issues.
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Documentation and Procedures
Sustaining clear documentation and established procedures surrounding parking enforcement is significant. This contains documenting parking violations, causes for towing, and any communication with car house owners. Having documented procedures in place ensures consistency in enforcement, helps shield the church from legal responsibility claims, and gives a framework for resolving disputes. Usually reviewing and updating these procedures, in session with authorized counsel, is advisable to make sure compliance with evolving rules and finest practices.
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Balancing Enforcement with Group Relations
Whereas enforcement is important to handle parking successfully, church buildings should additionally take into account the influence on group relations. Placing a steadiness between implementing guidelines and sustaining constructive relationships with neighbors and guests is crucial. Open communication, clear signage, and a constant method to enforcement may also help decrease misunderstandings and foster a way of equity. Providing grace intervals or various parking preparations in sure conditions can additional improve group goodwill whereas upholding parking rules.
The efficient use of signage and towing, coupled with well-defined procedures, permits church buildings to train their personal property rights and handle their parking heaps effectively. These enforcement mechanisms, when carried out thoughtfully and persistently, contribute to a well-organized and safe parking surroundings whereas minimizing potential conflicts and authorized challenges. This underscores the sensible connection between personal property rights and the instruments accessible to implement parking rules on church property.
7. Implicit permission
The idea of implicit permission for attendees is central to understanding the nuanced relationship between public entry and personal possession of church parking heaps. Whereas these heaps are personal property, attendees at church-related actions are typically granted implicit permission to park, creating a selected class of entry distinct from that of most of the people. Exploring the sides of this implicit permission illuminates the sensible implications and potential complexities that come up.
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Scope of Actions
Implicit permission sometimes extends to actions immediately associated to the church’s capabilities. This contains attending spiritual companies, collaborating in church-sponsored occasions, attending spiritual schooling lessons, or conferences associated to church administration. Parking for these functions is mostly understood as being inside the scope of the implicit permission granted to attendees. Actions unrelated to the church’s mission, reminiscent of utilizing the lot for private errands or business functions, fall exterior this scope and could possibly be thought-about trespassing.
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Time Constraints
Implicit permission is commonly time-bound, coinciding with the period of the particular church-related exercise. For instance, permission to park for a Sunday service implicitly expires after the service concludes. Remaining within the lot for prolonged intervals past the conclusion of the exercise could possibly be interpreted as exceeding the granted permission and would possibly topic the car to towing or different enforcement actions. Understanding these time constraints is essential for respecting the church’s personal property rights.
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Revocability
Whereas typically granted to attendees, implicit permission stays revocable by the church. This underlines the underlying precept of personal possession and management. Disruptive conduct, unauthorized actions, or safety considerations might result in the revocation of this permission for particular people and even for all attendees in sure circumstances. The church’s means to revoke permission underscores its final authority over the property, regardless of granting entry to attendees for particular functions.
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Legal responsibility Issues
The idea of implicit permission impacts legal responsibility issues. Whereas attendees granted implicit permission are typically thought-about licensees, to whom the church owes an obligation to warn of identified risks, the particular stage of obligation of care can range relying on native legal guidelines and the circumstances of an incident. For instance, if an attendee is injured as a result of a hazardous situation within the parking zone that the church knew about however failed to deal with, the church could possibly be held liable. Understanding the authorized implications of implicit permission is essential for each church buildings and attendees.
The framework of implicit permission permits church buildings to accommodate attendees whereas retaining management over their personal property. This steadiness requires clear communication of expectations, constant enforcement of guidelines, and an understanding of the authorized implications by all events. This nuanced method to entry administration highlights the interaction between public use and personal possession inherent in church parking heaps.
8. Exceptions
The personal nature of church parking heaps will be modified by exceptions, significantly when a church chooses to host or take part in public occasions. Opening a parking zone to the general public for occasions past common church actions creates a shift within the property’s utilization and has implications for entry, legal responsibility, and management. This exception underscores the dynamic nature of property rights and the church’s autonomy in figuring out how its sources are utilized.
Internet hosting a group competition, providing parking for a neighborhood parade, or opening the lot for emergency companies throughout a disaster are examples of public occasions that may quickly alter the everyday entry restrictions of a church parking zone. Such actions successfully broaden the implied permission granted for parking past the same old scope of church-related actions. This expanded entry, nonetheless, necessitates cautious consideration. For instance, a church would possibly must implement particular site visitors administration plans, improve safety measures, or alter insurance coverage protection to accommodate the elevated public presence and potential dangers related to bigger gatherings. Conversely, if a church opens its parking zone for a payment throughout public occasions, this business use could have tax implications or require particular permits relying on native rules.
Understanding the implications of opening a church parking zone for public occasions is essential for managing danger and balancing group engagement with the safety of personal property rights. Whereas these exceptions supply alternatives for group outreach and repair, additionally they require proactive planning and administration to make sure security, tackle legal responsibility considerations, and protect the church’s means to regulate its property. Cautious consideration of those elements permits church buildings to navigate the complexities of public occasions whereas upholding their tasks as property house owners.
Ceaselessly Requested Questions
This FAQ part addresses frequent inquiries relating to the use and authorized standing of church parking heaps.
Query 1: Can a church tow a car parked on its lot?
Usually, sure. As personal property house owners, church buildings have the suitable to take away unauthorized autos from their heaps, particularly if posted signage clearly communicates parking restrictions and towing insurance policies. Native rules relating to towing needs to be adopted.
Query 2: What if a car is broken whereas parked in a church lot?
The church’s legal responsibility is determined by the particular circumstances, native legal guidelines, and whether or not negligence will be demonstrated. Usually, a church has an obligation of care to keep up a secure surroundings and tackle identified hazards. Nevertheless, they aren’t robotically responsible for all damages.
Query 3: Can a church prohibit parking to members solely?
Sure, a church can sometimes prohibit parking to members, significantly exterior of scheduled companies or occasions. Clear signage speaking these restrictions is vital.
Query 4: Is a church required to supply public parking?
No, church buildings are typically not obligated to supply public parking. Whereas many open their heaps for companies and occasions, this can be a courtesy, not a authorized requirement.
Query 5: Can somebody be charged with trespassing for parking in a church lot with out permission?
Doubtlessly, sure. Unauthorized parking, significantly when clearly prohibited by signage, could possibly be thought-about trespassing, a authorized offense with various penalties relying on the jurisdiction.
Query 6: What ought to somebody do if their automotive is towed from a church parking zone?
Contact the church workplace to find out the towing firm used and the process for retrieving the car. Native legislation enforcement may also have this data. Be ready to pay towing and storage charges.
Parking rules on church property are sometimes complicated. Consulting with authorized counsel is advisable for church buildings creating parking insurance policies and for people concerned in parking disputes on church property. This FAQ gives normal data and shouldn’t be thought-about authorized recommendation.
Additional sections will discover particular situations and authorized instances associated to church parking heaps to supply a complete understanding of this topic.
Understanding Church Parking Lot Laws
Navigating parking rules on church property requires consciousness of the personal property standing of those heaps and the implications for each guests and the church itself. The following tips supply steering for respectful and legally sound parking practices.
Tip 1: Observe Posted Signage: All the time verify for posted indicators outlining parking restrictions. These indicators talk the church’s guidelines relating to permitted parking occasions, designated areas, and prohibited actions. Adhering to posted signage demonstrates respect for the church’s personal property rights and helps keep away from potential points.
Tip 2: Park Solely in Designated Areas: Parking needs to be confined to designated areas inside the church lot. Keep away from parking on grass, landscaped areas, or areas clearly marked for particular functions, reminiscent of disabled parking or employees parking. Respecting designated parking areas ensures environment friendly use of the lot and avoids obstructing site visitors circulate.
Tip 3: Adhere to Time Limits: Observe any posted cut-off dates on parking, particularly throughout companies or occasions. Cut-off dates guarantee truthful entry to restricted parking areas and facilitate environment friendly turnover. Exceeding posted cut-off dates might lead to enforcement actions, reminiscent of ticketing or towing.
Tip 4: Keep away from Unauthorized Actions: Chorus from partaking in actions indirectly associated to church capabilities inside the parking zone. This contains business actions, leisure actions, or utilizing the lot as a shortcut. Unauthorized actions can result in authorized repercussions, reminiscent of trespassing fees.
Tip 5: Search Clarification When Wanted: If parking rules are unclear or if a selected state of affairs arises, contact the church workplace for clarification. Direct communication can stop misunderstandings and guarantee compliance with the church’s parking insurance policies.
Tip 6: Respect Non-public Property Boundaries: Keep in mind that a church parking zone, even when accessible to the general public for sure functions, stays personal property. Respecting this standing by adhering to parking rules and avoiding unauthorized actions demonstrates courtesy and helps keep constructive group relations.
Tip 7: Be Aware of Safety Measures: Concentrate on and respect any safety measures carried out by the church, reminiscent of surveillance cameras or safety personnel. These measures are in place to guard church property and make sure the security of these utilizing the parking zone.
Understanding and adhering to those ideas promotes accountable parking practices and ensures respectful use of church property. These pointers profit each people utilizing the parking services and the church itself by fostering a secure, organized, and harmonious surroundings.
In conclusion, recognizing the personal property standing of church parking heaps and following these pointers contributes to a constructive and legally sound parking expertise for all.
Is a Church Parking Lot Non-public Property? Conclusion
Church parking heaps, whereas typically accessible to the general public, are basically personal property. This standing grants the church important management over utilization, permitting for the institution of guidelines, restrictions, and enforcement mechanisms like towing and signage. Whereas attendees of church-related actions typically have implicit permission to park, this permission is proscribed in scope and will be revoked. Exceptions, reminiscent of public occasions, can modify these parameters, however cautious consideration of legal responsibility and entry administration stays essential. Understanding the interaction of possession, management, and public entry is crucial for navigating these areas respectfully and legally.
Respecting the personal property designation of church parking areas ensures environment friendly useful resource administration, promotes security, and fosters a harmonious relationship between the church and the broader group. Cautious consideration of the authorized framework surrounding personal property, coupled with clear communication and constant enforcement of parking rules, advantages all stakeholders and safeguards the supposed use of those areas.
