3.0 HRSR 12-07-2015 - Laserfiche WebLink

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RELEVANT LINKS: Minn.Stat.§500.20,subd. The Minnesota Supreme Court has held that the language in a deed that 2a. Hiller v.County of Anoka, donated property to a city and limited the use to municipal or park purposes 529 N.W.2d 426(Minn.Ct. automatically expired 30 years after the date of the conveyance. App.1995). C. Dedication Minn.Stat.§462.358,subd. Interest in land can also be acquired through dedication for parks, streets, 2b. See LMC information memo and utility purposes. This is most often done through a city's subdivision Subdivision Guide for Cities. regulations. The principle behind such dedications is to ensure that a new Minn.Stat.§462.358,subd. development will contain enough space for parks, streets, and utilities 2c(a). required as a result of the new development. Minn.Stat.§462.358,subd. There must be an essential nexus or logical connection between the land 2b(a). Minn.Stat.§462.358,subd. dedication and the purpose sought to be achieved by the dedication. The 2b(b). dedication must bear a"rough proportionality"to the need created by the proposed subdivision or development. The basis for calculating the amount to be dedicated must be established by ordinance. If a city adopts an ordinance requiring dedication, it must adopt a capital improvement budget and have a parks and open space plan or have a parks, trails, and open space component in its comprehensive plan. See Part III-C-Land held in Cities should keep in mind that land acquired through dedication is often trust. held in trust by the city for a specific purpose. This can sometimes restrict the city from using the land for another purpose or from selling it. 1. Parks, trails and recreational land Minn.Stat.§462.358,subd. Cities may acquire land through park dedication. A city may adopt 2b. subdivision regulations that require a reasonable amount of buildable land to be set aside for park, recreational facilities,playgrounds,trails,wetlands, and/or open space purposes when land subdivisions occur. Minn.Stat.§462.358,subd. In determining what amount of land should be dedicated,the regulations 2b. See LMC information memo, should give due consideration to the open space, recreational, or common Subdivision Guide for Cities. areas and facilities open to the public that the developer proposes to reserve for the subdivision. 2. Streets and rights of way Minn.Stat.§462.358,subd. Cities may adopt subdivision regulations that require a reasonable portion of 2b. the buildable land in a proposed subdivision be dedicated to the public for streets and roads. League of Minnesota Cities Information Memo: 1/22/2015 Purchase and Sale of Real Property Page 3