01/04/1988 Park Board Packet - Laserfiche WebLink

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FOOTNOTES *1 Before 1965, Minn. St.§§471 .26 to 471.33 gave to cities much the same authority concerning park dedication as evidenced by Op. Atty. Gen. 18-D, Jan. 29, 1954• Minn. St . 1965 1 462,358 was passed. as Laws 1965. c. 670 §8. The park dedication clause of §462.358 was revised by Laws 1971 , e.842 §11 haws 1973, c.176 §11 and. Laws 1980 0.566 1§25 to 33- *2 Johnston,"Constitutionality of Subdivision Control Exactionss The Quest for a Rationale; 52 Cornell L. Q. 871 , 922. *3 Black's Law Dictionary defines police power ass The power of the state to place restraints on the personal freedom and property rights of persons for protection of the public safety, health, and. morals or the promotion of the public convenience and. general prosperity. The police power is subject to limit- ations of the federal and state cunstitutions, and. especially to the requirement of due process. Police power is the exercise of the sovereign right of a government to promote ord.er, safety, health, morals and general welfare within constitutional limits and is an essemtial attribute of government. *4 The Fifth Amendment to the United. States Constitution provides In relevant parts "* * (N)or 'shall private property be taken for public use without just compensation. " *5 Article 1 , §13, of the Minnesota Constitution providess Private property shall not be taken, destroyed. or damaged for public use without just compensation therefor, first paid. or secured.. " *6 Pioneer Truot & Say. Bank v. Village of Mount Prospect, 22 Ill, 2d. 375 t 176 N.E. 2d. 799 (1961)