July 2024 – Parks & Recreation - 28

LAW REVIEW
The case of Puce v. City of Burnsville
considered whether the imposition of
a park dedication fee was consistent
with state law and U.S. Supreme
Court precedent.
Park Dedication Fee Proportional
to Development?
By James C. Kozlowski, J.D., Ph.D.
A
s illustrated by the state supreme court opinion described herein,
the U.S. Constitution requires parkland dedication laws and
ordinances found in most jurisdictions to demonstrate " rough
proportionality " between the required dedication and the increased
need for public open space generated by a proposed development.
In the case of Puce v. City of
Facts of the Case
Burnsville, 997 N.W.2d 49 (Minn.
9/28/2023), the issue before the
Minnesota state supreme court
was whether the imposition of a
park dedication fee by the Defendant
City of Burnsville (the City)
on Plaintiff Almir Puce's development
application was consistent
with state law and U.S. Supreme
Court precedent governing
such subdivision regulations and
park dedication fees.
28 Parks & Recreation | JULY 2 0 2 4 | PARK S ANDRECRE AT ION . OR G
In 2015, Puce purchased an
undeveloped parcel zoned for
commercial use, but it had a legal
nonconforming single-family
home, where Puce lived until 2017.
In 2018, Puce began the application
process with the City to develop
his parcel for commercial use.
He planned to develop the parcel
in two to three phases: phase one
involved an auto dealership and
bakery/coffee shop, phase two involved
an auto repair shop, and a
potential phase three involved an
outdoor storage facility.
Puce sought City approval of a
plat, a minor portion of ground,
for his development property.
Puce objected to any imposition
of a park dedication fee, arguing
that " no need whatsoever will be
created for parks by this proposed
development. "
The city planning commission
recommended that the city council
approve the plat, including a
recommendation that Puce be required
to pay a park dedication fee
of $37,804. Puce opposed the park
dedication fee because there was
" nothing this particular project is
going to do to increase the need for
parks. " In so doing, Puce claimed a

July 2024 – Parks & Recreation

Table of Contents for the Digital Edition of July 2024 – Parks & Recreation

July 2024 – Parks & Recreation - Intro
July 2024 – Parks & Recreation - Cover1
July 2024 – Parks & Recreation - Cover2
July 2024 – Parks & Recreation - 1
July 2024 – Parks & Recreation - 2
July 2024 – Parks & Recreation - 3
July 2024 – Parks & Recreation - 4
July 2024 – Parks & Recreation - 5
July 2024 – Parks & Recreation - 6
July 2024 – Parks & Recreation - 7
July 2024 – Parks & Recreation - 8
July 2024 – Parks & Recreation - 9
July 2024 – Parks & Recreation - 10
July 2024 – Parks & Recreation - 11
July 2024 – Parks & Recreation - 12
July 2024 – Parks & Recreation - 13
July 2024 – Parks & Recreation - 14
July 2024 – Parks & Recreation - 15
July 2024 – Parks & Recreation - 16
July 2024 – Parks & Recreation - 17
July 2024 – Parks & Recreation - 18
July 2024 – Parks & Recreation - 19
July 2024 – Parks & Recreation - 20
July 2024 – Parks & Recreation - 21
July 2024 – Parks & Recreation - 22
July 2024 – Parks & Recreation - 23
July 2024 – Parks & Recreation - 24
July 2024 – Parks & Recreation - 25
July 2024 – Parks & Recreation - 26
July 2024 – Parks & Recreation - 27
July 2024 – Parks & Recreation - 28
July 2024 – Parks & Recreation - 29
July 2024 – Parks & Recreation - 30
July 2024 – Parks & Recreation - 31
July 2024 – Parks & Recreation - 32
July 2024 – Parks & Recreation - 33
July 2024 – Parks & Recreation - 34
July 2024 – Parks & Recreation - 35
July 2024 – Parks & Recreation - 36
July 2024 – Parks & Recreation - 37
July 2024 – Parks & Recreation - 38
July 2024 – Parks & Recreation - 39
July 2024 – Parks & Recreation - 40
July 2024 – Parks & Recreation - 41
July 2024 – Parks & Recreation - 42
July 2024 – Parks & Recreation - 43
July 2024 – Parks & Recreation - 44
July 2024 – Parks & Recreation - 45
July 2024 – Parks & Recreation - 46
July 2024 – Parks & Recreation - 47
July 2024 – Parks & Recreation - 48
July 2024 – Parks & Recreation - 49
July 2024 – Parks & Recreation - 50
July 2024 – Parks & Recreation - 51
July 2024 – Parks & Recreation - 52
July 2024 – Parks & Recreation - 53
July 2024 – Parks & Recreation - 54
July 2024 – Parks & Recreation - 55
July 2024 – Parks & Recreation - 56
July 2024 – Parks & Recreation - Cover3
July 2024 – Parks & Recreation - Cover4
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2021
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