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<br /> Dorothy Person <br /> . August 2, 1994 <br /> Page 2 <br /> some people alone to bear public burdens which, in all <br /> fairness and justice, should be borne by the public as a <br /> whole. Armstrong v. United States, 364 U.S. 40, 49 <br /> (1960) . <br /> Two aspects of the state enabling legislation (M.S. 462.358, <br /> Subd. 2b) which allows a city to impose public use dedications <br /> should be reviewed in the context of the Tigard decision. First, <br /> Minnesota law requires a city to make a reasonable determination in <br /> regard to the public dedication requirement. The "reasonable <br /> determination" standard of our current state law seems to be <br /> consistent with the Supreme Court's recently enunciated <br /> "individualized determination" standard. Both standards require <br /> that cities review each application on a case by case basis. <br /> exact j <br /> Second, Minnesota law states that a city can a <br /> reasonable portion of the proposed subdivision for public use <br /> dedications. However, in Tigard, the Supreme Court specifically <br /> rejected the reasonable relationship test and instead adopted a <br /> "roughly proportional" test. Apparently, the precise meaning of <br /> the term "roughly proportional" will be left to future litigation. <br /> However, it appears that there is now a greater burden on cities to <br /> . show how the proposed impact of a subdivision would justify the <br /> amount of the public use dedication which is being required by the <br /> city. <br /> In my judgment, the text of the City's current regulation <br /> (Arden Hills Code 22-9) is consistent with both the Supreme Court's <br /> standards in Tigard and with the Minnesota Statutes. Although the <br /> dedication is mandatory, the City's regulations indicate that the <br /> Council will be "guided" by the expressed percentage requirements. <br /> Therefore, the City's regulations retain discretion for the City <br /> Council. The City's discretion should obviously be exercised in a <br /> manner consistent with the Tiqard standards. In its application of <br /> the Code, the City should: <br /> 1. Make sure that there is a connection between a legitimate <br /> public interest and the required dedication; and <br /> 2. Make sure that the amount of the dedication is roughly <br /> proportional to the projected impact of the development. <br /> . <br />