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<br /> ,\,i,a'j, r P""."'- PETERSON, ..;;U(~ '1)(J <br /> , ,-' I 'n". j' f; ~ L I "r1 Street <br /> 1-), ; 1 i '-'! \.'. : ; ~ I - . , !i 1 ' FRAM BERGMAN ";'.'j-! IT7 <br /> ,-,,',.:' _ :2": )i<:'-)', <br /> ,1:" '-,',.c'le,"";;' --, )a:,:sirnilc <br /> .~Ii' ..1'\' H~,'-,.,,--,t-. <br /> '. ' '; ,~-I < ."':'! (:dllllscl <br /> August 2, 1994 <br /> Dorothy Person <br /> City Administrator <br /> City of Arden Hills <br /> 1450 West Highway 96 <br /> Arden Hills, MN 55112 <br /> BY FACSIMILE <br /> AND U.S. MAIL <br /> RE: Public Use Dedication Requirements <br /> Our File No.: lO450/920001 <br /> Dorothy: <br /> Recently, the United states Supreme Court reviewed the <br /> authority of a city to attach public use dedication requirements to <br /> the issuance of development permits. Dolan v. City of Tigard, 62 <br /> LW 4576 (June 24, 1994) . I have included a copy of this decision <br /> for your review. In Tiqard, the Supreme Court said cities must <br /> . satisfy the following criteria, or the exaction of land for public <br /> use dedications would be considered an unconstitutional taking: <br /> 1. There must be a connection (an essential nexus) between <br /> a legitimate government interest and the dedication <br /> requirement. An example of a legitimate government <br /> interest would be a city's obligation to protect public <br /> safety and provide for local transportation. Therefore, <br /> a City could require roads to be constructed and <br /> dedicated by a developer. <br /> 2. If the essential nexus exists, the amount of the <br /> dedication must be roughly proportional to the projected <br /> impact of the development. In determining what amount of <br /> dedication is "roughly proportional," the Supreme Court <br /> stated that no precise mathematical calculation is <br /> required but a city must make some sort of individualized <br /> determination that the required dedication is related <br /> both in nature and extent to the impact of the proposed <br /> development. As an example, in a six-unit subdivision, <br /> it may be appropriate for the City to require that a <br /> developer construct a road and dedicate it to the public. <br /> However, an unconstitutional taking may occur if the road <br /> had to be constructed to the standards of a major <br /> thoroughfare as opposed to a regular city street. The <br /> Supreme Court in other cases has indicated that the U.S. <br /> . Constitution prohibits units of government from forcing <br /> ----- <br />