July 2024 – Parks & Recreation - 31

condition intended to achieve that purpose .... [O]nce
an essential nexus is found, there must be a " connection
between the exactions and the projected impact of the
proposed development. "
Further, in determining a " rough proportionality, "
the Supreme Court in Dolan would require " some
sort of individualized determination that the required
dedication is related both in nature and extent to the
impact of the proposed development. " While this individualized
determination standard under Dolan would
not require a " mathematical calculation, " the Supreme
Court had held " there must be some effort to quantify
its findings in support of the dedication " that is " more
than a conclusory statement. "
State Codified " Dolan "
In Dolan, the state supreme court acknowledged the
Supreme Court had imposed a constitutional requirement
on dedications to demonstrate " rough proportionality "
and an " essential nexus " to a proposed
development. Accordingly, the state supreme court
noted the state legislature had effectively codified
Dolan in state law in section 462.358, subdivision
2c(a), by requiring municipalities to establish an essential
nexus and a rough proportionality " when evaluating
a park dedication fee imposed pursuant to a
generally applicable ordinance. "
Having adopted the Supreme Court's interpretations
of " essential nexus " and " rough proportionality " in
Minnesota Statutes section 462.358, subdivision 2c(a),
the issue before the state supreme court was, therefore,
" whether the City met these standards. "
In this particular case, the state supreme court found
" an essential nexus, as that term is understood in Dolan,
between the fee and the City's purpose of imposing it " :
The City imposed the fee to fund the acquisition or
improvement of open space and parkland following the
development of Puce's property. A connection existed between
the fee and the purposes the City sought to achieve,
thus, an essential nexus between the two was present.
As a result, the state supreme court held " the court
of appeals properly determined that the City satisfied
the 'essential nexus' requirement. " The state supreme
court then considered whether the City had also satisfied
the " rough proportionality " requirement between
" the imposed fee and the need created by the proposed
development " under state law. Minn. Stat. § 462.358,
subd. 2c(a).
PARK S ANDRECRE AT ION . OR G | JULY 2 0 2 4 | Parks & Recreation
31
In so doing, the state supreme court applied " the Supreme
Court's interpretation of 'rough proportionality'
in Dolan. " Specifically, " the City was required to make
an individualized determination that the fee is related
both in nature and extent to the impact of the proposed
development or subdivision. "
Percentage-Based Formula
As described by the state supreme court, through section
462.358, the Minnesota Legislature had " recognized
that municipalities have a great interest in maintaining
open spaces in their communities when new
developments are approved. " Moreover, in section
462.358, the state supreme court found the Legislature
had " contemplated that a city had authority to impose
a park dedication fee by formula to achieve that end. "
Instead of " determining the proper dedication or fee
amount on a case-by-case basis, " the state supreme
court further found " percentage-based formulas " had
" the benefits of efficiency and treating all development
applications equally rather than arbitrarily " :

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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