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CHAPTER]5 • Minn.Stat.§462.358,s„bd.2b. Fees paid in lieu of dedication of land under a subdivision regulation must not be used for ongoing operation or maintenance. The basis for calculating the amount to be dedicated or preserved must be established by ordinance or pursuant to the statutory procedures for adopting a land use fee schedule. Minn.Stat.§462.358,subd.2c. There must be an essential nexus between fees or dedication and the municipal purpose to be achieved by the fee or dedication. The fee or dedication must bear rough proportionality to the need created by the proposed subdivision. Minn.stat.§16a.685. Cities must report annually to the Department of Administration all construction'and development-related fees collected,information on the number and valuation of the units for which fees were paid,the amount of permit fees,plan review fees, administrative fees, engineering fees, infrastructure fees, other related fees, and the expenses associated with the municipal activities for which the fees were collected. Although this requirement applies primarily to building permit fees,it also includes certain land use fees. Cities that collect$5,000 or less in fees are exempt from this filing requirement. XVIII. Citizen opposition Minn stat.ch.554. While anyone can speak at the public hearing on a land use issue,there is a • new cause of action that discourages public testimony, called tortious interference with economic relations or strategic lawsuits against public participation(SLAPs). While Minnesota law seems to protect those who testify at public hearings on land use matters from these type of lawsuits (unless their conduct or speech constitutes a separate violation of law or constitutional rights),threats of being sued may discourage persons who wish to oppose a land use from testifying. SuperAmerica Group,Inc.v. Councils should avoid making a decision on a land use issue based on citizen City of Little Canada,539 opposition alone. Citizens should be encouraged to present facts and evidence N.W.2d 264(Minn.Ct.App 1995). that supports their opposition to a land use,rather than just stating an objection. A decision-making body cannot use vague and speculative 566 N v. of Wage Pani opinions and unsubstantiated concerns as the basis for a decision. Expert 566 .W.2d 2d 349(Minn Ct. p 1� App 1997). testimony supporting the citizens' point of view may not be necessary if there is a factual basis for the opposition. 15-38 HANDBOOK FOR MINNESOTA CITIES This chapter last revised 12/15/2004