July 2024 – Parks & Recreation - 32

LAW REVIEW
The state supreme court held state
law and Collis provided a " sufficient
legal and factual basis " for the City's
park dedication fee.
[Percentage-based formulas]
state
provide developers with predictability
of the fees to be assessed on
their developments. Indeed, it may
be challenging as a practical matter
to prove on a case-by-case basis
that a single new development
(such as the one at issue) will have
any demonstrable impact on open
space. But a series of single new
developments will plainly have
such an impact.
Further, in the opinion of the
" a park
dedication
supreme court,
fee
derived from a
percentage-based formula that applies
to all similar properties " could
satisfy the " rough proportionality "
requirement to " the nature and extent
of the impact that a particular
proposed development or subdivision
will have on a city's need for
green space and parkland " :
A city can justify its imposition
of a percentage-based formula on
a particular class of properties if
it can show that the revenue to be
raised from such a fee is reasonably
32 Parks & Recreation | JULY 2 0 2 4 | PARK S ANDRECRE AT ION . OR G
necessary for the development of
parks, playgrounds, trails, wetlands,
or open space in response to
anticipated commercial development
in the city.
In addition, the state supreme
court held a permissible dedication
fee could be based upon " an
appropriate percentage at a level
of generality higher than each individual
property, " as long as the
fee is " roughly proportional to the
amount necessary to counter the
impact of the expected developments. "
Individualized
Open Space
Determination
As noted by the
on the assessed value of the land
that would have been dedicated " :
For example, if a city determines
based on its broader analysis
that serving the park and greenspace
needs of the community
reasonably requires that 5 percent
of proposed commercial developments
be dedicated to parks and
greenspace, and applies the 5 percent
figure to the actual assessed
value of the gross area of the applicant's
proposed subdivision, the
municipality's fee would satisfy
the individualized determination
required by the rough proportionality
provision in Minn. Stat. §
462.358, subd. 2c(a).
While the park dedication fee
state supreme
court, rough proportionality could
be demonstrated by " a comprehensive
study
that accounts for
projected population and employment
growth, existing and future
need for open space, and intensity
of use. " In particular, the state supreme
found a " percentage-based
fee should then be calculated based
of $37,804 in this case was based
upon a 5 percent dedication formula
found in the City's ordinance
(Burnsville City Code section
11-4-8.E), the state supreme
court found " the dedication formula
itself does not relate the fee
to the value of the specific land
that would have been dedicated "
as required in an " individualized
determination " under subdivision
2c(a). Accordingly, the state
supreme court found " the City
needed to make further findings
to satisfy the individualized determination
requirement. " The state
supreme court acknowledged " the
City took additional steps " :
The city attorney and other staff
members later met and agreed
to reduce the park dedication fee
from $37,804 to $11,700, because,
as noted above, section 11-4-8.E
uses average commercial values to
calculate the park dedication fee
and the value of Puce's property is
" less than what the City uses for
commercial property average. "
In addition, the state supreme

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