06/04/1990 Park Board Packet - Laserfiche WebLink

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_3- A municipality's authority over private property through outright acquisition or zoning control is considered a normal exercise of its police power based upon language in MSA, .Chapter 462.358, Subd. 1. : "Authority. To protect and promote the public health, safety, and welfare, and to facilitate adequate provision for transportation, water, sewage, storm drainage, schools, parks, playgrounds, and other public services and facilities, a municipality may by ordinance adopt subdivision regulations establishing standards, requirements, and procedures for the review and approval or disapproval of subdivisions." The test of whether it is reasonable to to require such dedication resides in an understanding that the municipality by approval of a proposed subdivision plat, which meets alb the typical zoning requirements (e.g. set-backs, easements, right-of-ways, etc.) enables the developer to profit financially by selling the subdivision lots as building sites and thus realize a greater price than could have been obtained if he had sold his property as unplatted lands. In return for this benefit the municipality may require the developer to dedicate part of his platted land to meet a demand for park usage which the municipality would not have encountered except for the influx of people into the community from the occupancy of such building sites [28 Wis. 2d 619, 137 N.W. 2d 4483 . The Statute (MSA Chapter 462.358, Subd. 2b) authorizes municipalities to require for subdivision approval, dedication of a "reasonable portion" of subdivision property for parks. The language "reasonable portion",. the Court ruled would be construed as that land portion which a municipality has determined that it will need to acquire for park and recreation purposes in its Comprehensive Plan (MSA, Chapter 462.355) resulting from subdivision approval. Since this landmark decision, many local governments, as well as those listed in this report have generally followed this decision in the promulgation of park dedication ordinances . This court decision, the accompanying judicial interpretation, along with the state statute recognize that there is an important factor of "value equivalency" in the dedication of either land or cash for a specific development. In other words, a park dedication ordinance should "` to the degree possible treat everyone equally irregardless of a land or cash contribution. ordinance No. 288 was adopted by the Vadnais Heights City Council in 1982 and requires land or cash dedication for park and recreation purposes from residential, commercial or industrial development.