The truth of the matter is that for the next 99 years or so, the public square at Branson Landing is not “owned” by the public. Yet, never has the public had more access to, or made more use of, the area occupied by Branson Landing’s public square.
First, the reality of the situation because, like it or not, it is what it is. In a general sense, the land east of Branson Landing Boulevard to the eastern boundary of the city of Branson in Lake Taneycomo is, for all practical purposes, private for about the next 99 years. Why? The owners of that land, the city of Branson, entered into a 99 year lease with the developer of the Branson Landing project, HCW Development.
As is the case with any other lease, as long as the lessee, HCW Development, HCW, pays the rent and otherwise complies with the conditions of the lease, it has the right to use the property in any legal manner it chooses without interference from the lessor, the city. Does that mean that Branson Landing it is not subject to city regulations and laws?
Absolutely not, but it is not subject to any additional requirements either. As an example, city health inspectors may inspect businesses located on the private property of Branson Landing just as they would inspect any other business. City police and fire would respond to, and treat, situations at Branson Landing in the same manner as they would similar situations on any other private property in Branson.
The bottom line is that the “public square,” or as some call it the “town square, is for all practical purposes under the control of HCW for the next 99 years subject only to the conditions in its lease with the city. If there are no conditions in the lease relating to a particular use or situation in the lease the city has no control. If there is, the city has the control authorized by those conditions.
Basically, the lease contains no provision that gives the city of Branson any real control over what the public square is used for. If the lessee wants to sell beer out of kiosks in the public square, and can do so legally, the city can’t stop it under the terms of the lease. Could the city have negotiated a provision into the lease prohibiting the sale of beer from kiosks on the public square? The answer is “Yes” but what it could have done, might have done, or, in some people’s minds, should have done, is immaterial. It did what it did.
The major provision in the lease giving the city a say over the use of the public square relates to the city’s right to use it for events that it wants to sponsor and up to 12 days per year of events sponsored by other organizations, designated by the city. However, among other conditions, such use is subject to availability and the payment of certain fees to reimburse HCW for the costs of providing the necessary services and facilities. Since the opening of Branson Landing, over a year ago, the city has made minimal use of this provision.
Yet, on most days, thousands of people use the public square to view Lake Taneycomo, watch the fire and water show, or just relax for a moment while they are at the Landing. At other times, thousands gather on the public square to listen to the concerts or participate in the entertainment or other events that HCW is providing, generally for free, as part of the ambiance that makes up the Branson Landing experience.
In the final analysis, Branson Landing’s public square, in a very real and practical sense, is available and used on a daily basis for the use and entertainment of Branson’s citizens and visitors alike. In an Ole Seagull’s mind that makes Branson Landing’s public square our public square and, to him, that’s a good thing.
