01/04/1988 Park Board Packet - Laserfiche WebLink

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The land surveyor is well acquainted with subdivision plats, es- pecially in the Twin Cities Metro Area. Platting of land is a common practice that we take for granted because it is backed up by laws. Both state 'and city laws regulate how we subdivide land and the re- quirements for recording plats. Sometimes we are frustrated when our preliminary plat is rejected because the city has hired a new planner who interprets the city code differently than the previous planner. Or after we have ordered our final mylars for recording• a city will refuse to sign because they want some changes to the utility easements. In these cases the surveyor usually advises the property owner, "That' s the way it is. If you want tosubd.ivide, you have to give the city what it wants. " But have we ever stopped to think about the rights of the property owner? What gives the city the right to require easements or street wid.enings or even take land for a park? Why is city approval even needed to divide and sell a portion of privately owned land? Specifically. I want to answer the question ,"Can a city require a ded- ication of land. for parks or money in lieu thereof as a condition of subdividing?" Let's dig into the law. The Minnesota Legislature by Statute 462.358 has delegated author- ity to cities to regulate subdivision. Subd.. la.Authority. To protect and. promote the public health, safety# and general welfare, to provide for the ord.erly, _ _ economio* and. safe development of land, to preserve agricultural landso to promote the availability of housing affordable to per- sons and families of all income levels, and to facilitate ade- quate provision for transportationg water, sewage, storm drain- age, schools, parks, playgrounds, and other public services and facilitiest a municipality may by ordinance adopt subdivision C �)