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KNOW? <br />Dedication <br />requirements for <br />developments <br />cause new <br />cash in lieu of the land. Under the <br />subdivision regulations, cities often <br />require developers to put in place <br />public improvements such as roads, <br />sewer, and water and then dedicate <br />these to public use. <br />While these regulations are still <br />permitted, the United States Supreme <br />Court recently issued an opinion which <br />requires cities tojustify the conditions <br />imposed on developers. Although the <br />U.S. Supreme Court was considering <br />conditions placed on building permits <br />under Oregon law in Dolan v. City of <br />Tigard, the same rationale will be <br />applied to Minnesota cities in deter- <br />mining that the conditions they impose <br />on new development arejustifiable and <br />permissible under the United States <br />Constitution. <br />In considering what restrictions and <br />dedication requirements a city may <br />place on new development, it is <br />important to consider that government <br />ma}' not require a person to give up a <br />constitutional right in exchange Cor a <br />discretionary benefit conferred by the <br />govermnent where die property sought <br />by the government has little or no <br />relationship [o the benefit. There must <br />be "an essential nexus" existing <br />between the legitimate state interest <br />and the permit or zoning condition. If <br />this essential nexus exists, the court will <br />then examine the regulation to <br />determine whether the degree of <br />exattion under the subdivision regula- <br />tion bears the required relationship to <br />the projected impact of the proposed <br />development. <br />What does an "essential nexus" and <br />the "required relationship" mean to <br />specific cases in Minnesota? In the <br />Oregon case, the U.S. Supreme Court <br />concern <br />CAIZLA H>irl. <br />nder Minnesota law, cities <br />can require subdividers <br />requesting platting or <br />replatting of land to <br />dedicate land for parks, <br />public open space, storm <br />water holding areas or to contribute <br />Providing Public Finance <br />Solutions for Nearly <br />Half a Century <br />• Represent issuers on competitive and negotiated <br />general obligation and revenue bond issues. <br />• Coordinate capital improvement program <br />preparation. <br />• Develop cash flow modeling for capital projects. <br />• Evaluate refunding and restructuring of <br />bond issues. <br />• Develop debt management policies. <br />• Review economic development and <br />public/private partnership projects. <br />• Assist in referendum approval of capital <br />projects. <br />SPRINGSTED <br />PUBLIC FINANCE ADVISORS <br />95 East Seventh Place, Sufte 100 <br />Saint Paul, Minnesota 55101-2743 <br />(612) 2233000 <br />Saint Paul•Milwaukee•Minneepolis•Kanses Ciy•Washington, DC <br />Greater Protection-By-Annual Attention <br />A Proven Yearly Maintenance <br />Plan For Your Elevated <br />Watertowers <br />Servicing Municipalities <br />Since 1821 <br />„~' <br />~ ,~ <br />Watertower Paint & Repair Co., Inc.. <br />"The Tank With the Red Roof" <br />Providing dependable service to municipalities since <br />7921 and offering the experience, skilled workmen, <br />adequate insurance coverage and the best of equipment <br />and materials to perform the highly specialized trade of <br />painting and repairing elevated waterlowers. Prompt <br />service on emergency winter work. <br />Interior Inspection By Color <br />Video Camera Available. <br />Area Code ~ P. C. Box 67 <br />515-357-2101 Clear Lake, IOwa 50428 <br />Member of American Waterworks Association <br />Page 5 <br />