Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 196-S.F.No. 811 
           An act relating to local government; expanding the 
          purpose for the use of certain dedicated cash payments 
          under the municipal planning law; amending Minnesota 
          Statutes 1988, section 462.358, subdivision 2b. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, section 462.358, 
subdivision 2b, is amended to read: 
    Subd. 2b.  [DEDICATION.] The regulations may require that a 
reasonable portion of any proposed subdivision be dedicated to 
the public or preserved for public use as streets, roads, 
sewers, electric, gas, and water facilities, storm water 
drainage and holding areas or ponds and similar utilities and 
improvements.  
    In addition, the regulations may require that a reasonable 
portion of any proposed subdivision be dedicated to the public 
or preserved for conservation purposes or for public use as 
parks, playgrounds, trails, wetlands, or open space; provided 
that (a) the municipality may choose to accept an equivalent 
amount in cash from the applicant for part or all of the portion 
required to be dedicated to such public uses or purposes based 
on the fair market value of the land no later than at the time 
of final approval, (b) any cash payments received shall be 
placed in a special fund by the municipality used only for the 
purposes for which the money was obtained, (c) in establishing 
the reasonable portion to be dedicated, the regulations may 
consider the open space, park, recreational, or common areas and 
facilities which the applicant proposes to reserve for the 
subdivision, and (d) the municipality reasonably determines that 
it will need to acquire that portion of land for the purposes 
stated in this paragraph as a result of approval of the 
subdivision. 
    Presented to the governor May 18, 1989 
    Signed by the governor May 19, 1989, 12:16 a.m.