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HANDBOOK FOR MINNESOTA CITIES <br /> The test the Court used is whether the restriction serves a <br /> legitimate state interest,and whether a sufficient connection <br /> exists between the imposed condition and the state interest.To <br /> withstand a taking claim,the land use regulation must meet <br /> both branches of this test.Unfortunately,the Court leaves it to <br /> future court cases to determine what other land use regulations <br /> or requirements may constitute takings. <br /> Dolan v.City of Tigard,512 In a 1994 decision,the Court made it clear that cities <br /> U.S.374, 114 S.Ct.2309 considering land use permit applications would have to prove <br /> (1994). <br /> that any conditions or requirements in the form of land <br /> dedications or easements are in"rough proportionality"to the <br /> impact of the proposed development in both nature and extent. <br /> The determination that conditions imposed or exactions <br /> required are roughly proportional to the impact of the proposal, <br /> must be made in each individual case. At the very least,cities <br /> should give serious consideration to generically applied <br /> conditions or exactions such as using a flat percentage fee or <br /> dollar amount for park dedication fees for each type of <br /> permissible use subject to variances for special circumstances <br /> for particular property.The generic condition,however, should <br /> be based on a study of the rough proportional impact of each <br /> type of use. <br /> Subdivision regulations r <br /> Subdivision regulation is another effective way to implement a <br /> comprehensive plan. Such regulation can promote adequate <br /> street and utility systems,create desirable population <br /> distribution and support the necessary open space for light,air, <br /> health and recreation.To be most effective, a city must <br /> regulate new building developments at the time it subdivides <br /> or plats land. <br /> Minn.Stat. §462.358. Municipalities have the authority to regulate subdivisions of <br /> land to protect the general welfare;encourage orderly <br /> development;provide for affordable housing; and facilitate the <br /> adequate provision of transportation, sewer and water, <br /> stormwater drainage,schools,parks and other public services. <br /> 392 • <br />