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3.0 HRSR 12-07-2015
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3.0 HRSR 12-07-2015
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12/4/2015 12:02:08 PM
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City Government
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12/7/2015
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RELEVANT LINKS: <br /> Land that is held in trust is designated for a particular use.A common <br /> example is when land is given or dedicated to a city for park purposes. <br /> Generally, a city that holds park land in trust must use it for park purposes. <br /> If the city uses it for some other purpose,the previous owner can pursue a <br /> court action to regain ownership of the land or prohibit the city from using it <br /> for a different purpose. <br /> Minn.Stat.§505.01. Under Minnesota law, land that has been donated to the public on a plat that <br /> is recorded must be held in trust for its intended purpose. <br /> Larson v.Sando,508 N.W.2d Dedication occurs when a private party transfers land to a government entity <br /> 782(Minn.App.1993). <br /> for a particular purpose. Once land is formally dedicated with a condition, <br /> the government does not own the land in fee simple with the right to sell it. <br /> Headley v.City of Northfield, The general rule regarding dedications of land for park purposes is that the <br /> 35 N.W.2d 606(Minn.1949). <br /> Kronschnabel v.City of St. city holds the property in trust for the public and has no power to divert the <br /> Paul, 137 N.W.2d 200(Minn. land from the uses and purposes of the original dedication. <br /> 1965).Buck v.City of <br /> Winona,135 N.W.2d 190 <br /> (Minn.1965). <br /> In re Everett's Trust, 116 Neighboring property owners can also pursue court action to prohibit a city <br /> N.W.2a 601(Minn.1962). from using land for purposes other than those for which it was dedicated. In <br /> a 1962 decision, the Minnesota Supreme Court found that abutting property <br /> owners own appurtenant rights and have a right to enforce public uses of <br /> land dedicated to a specific public use. <br /> Buck v.City of Winona, 135 The Supreme Court also found that taxpayers have standing to object to a <br /> N.W.2d 190(Minn.1965). <br /> city's attempt to relinquish an easement for park purposes. In this case, <br /> however,the city had failed to comply with the requirements of its city <br /> charter. <br /> City ofzumbrota v.Strafford In a more recent decision,the Minnesota Supreme Court looked at a similar <br /> Western Emigration Co.,290 <br /> N.W.2d 621(Minn.1980). situation. In this instance, a city tried to sell dedicated land that it held in <br /> trust to a developer to build a senior citizen residence,but the land was <br /> dedicated for use as a public square. The abutting homeowners sought to <br /> stop the sale to the developer, claiming the development would make it <br /> impossible to maintain the public square and also result in the general public <br /> being excluded from the land. The court found the city could not sell land <br /> that it held in trust because the city had only such use of the property as was <br /> needed to fulfill the property's use as a public square. <br /> A.G.Op.59-a-40(June.15, The Attorney General has repeatedly found that cities that hold land in trust <br /> 1950).A.G.Op.59-a-40 <br /> (Nov.8,1955).A.G.op.59- that was dedicated for park purposes may not use the land for other purposes <br /> a-40(Dec.16,1947).A.G. or sell the land. <br /> Op.59-b-11 (Nov.20,1957). <br /> A.G.Op.469-a-I5(Jul.30, <br /> 1945).A.G.Op.469-a-15 <br /> (Nov.18,1948). <br /> League of Minnesota Cities Information Memo: 1/22/2015 <br /> Purchase and Sale of Real Property Page 18 <br />
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