01/04/1988 Park Board Packet - Laserfiche WebLink

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to be dedicated for a park or school site was to meet a need solely attributable to the anticipated influx of people into the community to occupy this particular subdivision. On the other hand., a municipality might well be able to establish that a group of subdivisions approved, over a period of several years had been responsible for bringing into the community a considerable number of people malting it necessary that the land dedications required of subdividers be utilized. for school, park, and recreational purposes for the benefit of such influ=: r In the absence of contravening evidence this would establish a reasonable basis for finding that the need. for the acquisition was occasioned by the activity of the subdivider. Possible contravening evid.ence would be a showing that the municipality prior to the opening up of the subdivisions, acquired sufficient lands for school, park, and recreational purposes to provide for future anticipated needs including such influx, or that the normal growth of the municipality would._ have made necessary the acquisition irrespective of the influx caused by opening up of subdivisions. "We conclude that a required. dedication of land for school, park, or recreational sites as a condition for approval of the subdivision plat should. be upheld. as a valid exercise of po- lice power if the evidence reasonably establishes that the mu- nicipality will be required. to provide more land for schools, parks, and playgrounds as a result of approval of the subd.ivi- sion. " *7 In a similar vein, Professor Joseph L. Sax has argued. that uses of property which cause spillover effects on other property may be sub- ject to valid exercise of the police power: C4� .