July 2024 – Parks & Recreation - 30

LAW REVIEW
supreme court had " considered a
facial challenge to the constitutionality
of the then-effective version
of Minnesota Statutes section
462.358 " to determine " what test
should apply when determining
whether a park dedication fee is
constitutional. "
In upholding the constitutionality
of the law at issue (section
462.358), the Collis court had held
the statute " constrained municipalities
from abusing their police
power " because " only a 'reasonable
portion' of land could be
dedicated for the stated purposes "
of the statute. In so doing, the
Collis decision had " construed the
statutory phrase 'reasonable portion'
to mean that portion of land
which the evidence reasonably
establishes the municipality will
need to acquire for the purposes
stated as a result of approval of
the subdivision. "
Accordingly, in Collis, the state
supreme court would require a
" facts-and-circumstances test " that
would necessarily consider " the
myriad of factors which may bear
on a municipality's needs for certain
kinds of facilities and the relationship
of a particular subdivision
to those needs " :
Although we sought to avoid
overly stringent standards for municipalities'
regulations, we also
cautioned against arbitrary regulations
which could create " substantial "
risks to property owners.
We recognized that this valid
exercise of municipalities' police
power could become " grand
theft " if municipalities used it
to impose fees out of proportion
to the needs created by a development,
forcing individual developers
to shoulder burdens that
should be shared among all citizens
through taxation.
In addition, the Collis decision
noted " a percentage requirement
could be problematic because it
does not consider the relationship
between a particular subdivision
and recreational need in the community. "
The Collis court, however,
had found an ordinance that
required a 10 percent dedication
fee " could be considered reasonable. "
In so doing, Collis acknowledged
state law would also allow
an appeal for developers to dispute
" whether the figure was arbitrary as
applied to their subdivision. " Minnesota
Statutes
Accordingly,
section
in
Collis,
the
supreme court upheld the constitutionality
of percentage-based dedication
formulas.
" Reasonable Portion "
Defined
Since Collis was decided, the state
supreme court noted the state legislature
had amended state
law
several times. In particular, Minnesota
Statutes section 462.358,
subdivision 2b(a) (2022), authorized
municipalities to require a
" reasonable portion " of buildable
land to be dedicated for public use.
As described by the state supreme
court, a " reasonable portion " had
been construed to mean " that
portion of land which the evidence
reasonably establishes the
municipality will need to acquire
for the purposes stated as a result
of approval of the subdivision. "
In 2004, the state legislature had
once again amended the 462.358
statute, adding subdivision 2c(a)
that specified:
There must be an essential nexus
between the fees or dedication
30 Parks & Recreation | JULY 2 0 2 4 | PARK S ANDRECRE AT ION . OR G
imposed under subdivision 2b and
the municipal purpose sought to be
achieved by the fee or dedication.
The fee or dedication must bear a
rough proportionality to the need
created by the proposed subdivision
or development. Minn. Stat.
§ 462.358, subd. 2c(a).
Because Collis had upheld
" percentage-based
formulas, "
in this particular case, the City
claimed the court of appeals had
erred " when it determined the
City's imposition of a park dedication
fee was unlawful under
subdivision 2c(a). "
462.361.
state
" Essential Nexis " and
" Rough Proportionality "
In determining whether the City's
imposition of a park dedication
fee was lawful under Minnesota
Statutes section 462.358, subdivision
2c(a), the state supreme
court would interpret the statutory
phrases " essential nexus " and
" rough proportionality " to " give
effect to the intent of the Legislature. "
Moreover, in so doing, the
state supreme court would adopt
precedent from the U.S. Supreme
Court, which " had defined these
same terms 'essential nexus' and
'rough
proportionality'
in
the
context of federal constitutional
takings law as applied to adjudicatory
exactions of property. "
Dolan v. City of Tigard, 512 U.S.
374, 114 S. Ct. 2309, 129 L. Ed.
2d 304 (1994):
The Supreme Court determined
that there must be an " essential
nexus " between an imposed condition
to a permit approval and the
purpose of that condition. Essentially,
there must be a connection
between the legitimate governmental
purpose and the imposed

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
https://www.nxtbookmedia.com