Laserfiche WebLink
04/20/95 09:03 CITY OF BLOOMINGTON ADMIN DEPT 4 93379310 NO.458 P008 <br /> Mr. Ornstein. <br /> Page 7 <br /> argument might fail unless the existing use as a manufactured <br /> home park also is unreasonable. It appears that this factor <br /> would depend upon the circumstances. It would depend upon what <br /> uses are available for the property in question. Furthermore, <br /> what is reasonable in one situation may not be reasonable in <br /> another situation. <br /> If, on the other hand, a court should find that the statute <br /> serves an enterprise function, or a combination arbitration- <br /> enterprise function as in the Pratt case, a park owner would have <br /> to show that the property has suffered a substantial and <br /> measurable diminution in market value because of the statute. <br /> However, often a regulation will vastly decrease the worth of a <br /> piece of property by prohibiting even the most valuable use of <br /> it. Courts consistently have said that this does not necessarily <br /> give rise to a compensable taking. E.Q. , Euclid v. Ambler <br /> ealty, 272 U.S. 365, 47 S. Ct. 114 (1926) (75% diminution in <br /> value found not to constitute a taking) ; fadacheck v. Sebastian, <br /> 239 U.S. 394, 36 S. Ct. 133 (1915) (diminution in value from <br /> $800,000 to $60,000 upheld) . Mere diminution in value, by <br /> itself, cannot establish a taking. Andrus v. Allard, 444 U.S. <br /> 51, 100 S. Ct. 318 (1979) ; Penn Central, 98 S. Ct. at 2663. The <br /> other factors in the analysis play a role as well. <br /> In Connolly, the regulation at issue completely deprived a <br /> participating employer of "whatever amount of money it is <br /> obligated to pay to fulfill its statutory liability. " 475 U.S. <br /> at 225 . The court noted, however, that the assessment was made <br /> becauseof the relationship between the employer and the pension <br /> plan in which it had voluntarily participated. The court' gave <br /> significance to the" fact that th6 'act had numerous provisions <br /> which moderated and mitigated the economic impact upon the <br /> individual property owner. Id. Also, giving yet another <br /> indication that such analysis depends upon the circumstances of a <br /> given case, the court noted that there was no showing that "the <br /> A/ The Minnesota courts repeatedly have upheld land-use <br /> regulations claimed to be unconstitutional takings where the <br /> property value has declined substantially as a result of the <br /> regulations. McShane,, 292 N.W.2d 257, citing State, by <br /> powder y v. Erickson, 285 N.W.2d 85 (Minn. 1979) ; Holoway v. <br /> c.it of z estone, 269 N.W.2d 28 (Minn. 1978) ; sec v. C't <br /> of $t. Paul, 304 Minn. 438, 231 N.W.2d 919 ( 1975) ; Connor vim. <br /> Township of Chanhassen, 249 Minn. 205, 8]. N.W.2d 789 ( 1957) ; <br /> Alexander Co _v qty of Owatonna, 222 Minn. 312, 24 N.W.2d <br /> 244 (1946) . <br />