1.1                          A bill for an act 
  1.2             relating to counties; authorizing counties to require 
  1.3             the dedication of land for public parks; amending 
  1.4             Minnesota Statutes 2002, section 394.25, subdivision 7.
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2002, section 394.25, 
  1.7   subdivision 7, is amended to read: 
  1.8      Subd. 7.  [SPECIFIC CONTROLS; OTHER SUBJECTS.] (a) Specific 
  1.9   controls pertaining to other subjects incorporated in the 
  1.10  comprehensive plan or establishing standards and procedures to 
  1.11  be employed in land development including, but not limited to, 
  1.12  subdividing of land and the approval of land plats and the 
  1.13  preservation and dedication of streets and land for other public 
  1.14  purposes and the general design of physical improvement. 
  1.15     (b) The controls may require that a portion of any proposed 
  1.16  subdivision be dedicated to the public or preserved for 
  1.17  conservation purposes or for public use as parks, recreational 
  1.18  facilities, playgrounds, trails, wetlands, or open space.  The 
  1.19  requirement must be imposed by ordinance and: 
  1.20     (1) the county may choose to accept an equivalent amount in 
  1.21  cash from the applicant for some or all of the portion required 
  1.22  to be dedicated or preserved to the public use or conservation 
  1.23  purposes based on the fair market value of the land no later 
  1.24  than at the time of final approval; 
  1.25     (2) any cash payments received must be placed by the county 
  2.1   in a special fund to be used only for the purposes for which the 
  2.2   money was obtained; 
  2.3      (3) in establishing the portion to be dedicated or 
  2.4   preserved, the controls may consider the open space, park, 
  2.5   recreational, or common areas and facilities that the applicant 
  2.6   proposes to reserve for the subdivision; 
  2.7      (4) the county must reasonably determine that it will need 
  2.8   to acquire that portion of land for the purposes stated in this 
  2.9   subdivision as a result of approval of the subdivision; and 
  2.10     (5) the county must adopt a parks and open space plan or 
  2.11  have a parks and open space component in its comprehensive plan. 
  2.12     (c)(1) A county must not require a dedication of a portion 
  2.13  of a proposed subdivision or a payment in lieu of dedication in 
  2.14  a town that has adopted a requirement to dedicate or a payment 
  2.15  in lieu of dedication as a provision of the town subdivision 
  2.16  regulations under section 462.358, subdivision 2b, or chapter 
  2.17  366. 
  2.18     (2) A county may negotiate an agreement with a town or city 
  2.19  sharing the revenue generated by dedicating a portion of a 
  2.20  proposed subdivision or a payment in lieu of dedication for a 
  2.21  county or regional park purpose.