Minnesota Session Laws - 2003, Regular Session

                             CHAPTER 95-S.F.No. 484 
                  An act relating to counties; authorizing counties to 
                  require the dedication of land for public parks; 
                  providing certain terms and conditions for the 
                  dedication; amending Minnesota Statutes 2002, section 
                  394.25, subdivision 7. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 394.25, 
        subdivision 7, is amended to read: 
           Subd. 7.  [SPECIFIC CONTROLS; OTHER SUBJECTS.] (a) Specific 
        controls pertaining to other subjects incorporated in the 
        comprehensive plan or establishing standards and procedures to 
        be employed in land development including, but not limited to, 
        subdividing of land and the approval of land plats and the 
        preservation and dedication of streets and land for other public 
        purposes and the general design of physical improvement. 
           (b) The controls may require that a portion of any proposed 
        subdivision be dedicated to the public or preserved for public 
        use as parks, recreational facilities, playgrounds, trails, 
        wetlands, or open space.  The requirement must be imposed by 
        ordinance. 
           (c) If a county adopts the ordinance required by paragraph 
        (b), the county must adopt a capital improvement program and 
        adopt a parks and open space plan or have a parks, trails, and 
        open space component in its comprehensive plan subject to the 
        terms and conditions in this paragraph and in paragraphs (d) 
        through (o). 
           (d) The county may choose to accept a per lot cash fee as 
        set by ordinance from the applicant for some or all of the new 
        lots created in the subdivision. 
           (e) In establishing the portion to be dedicated or 
        preserved or the per lot cash fee, the controls must consider 
        the open space, park, recreational, or common areas and 
        facilities that the applicant proposes to reserve for the 
        subdivision. 
           (f) The county must reasonably determine that it will need 
        to acquire that portion of land for the purposes stated in this 
        subdivision as a result of approval of the subdivision. 
           (g) The fees or dedication must be fair, reasonable, and 
        proportionate to the need created. 
           (h) Any cash payments received must be placed by the county 
        in a special fund to be used only for the purposes for which the 
        money was obtained. 
           (i) Any cash payments received must be used only for the 
        acquisition and development or improvement of parks, 
        recreational facilities, playgrounds, trails, wetlands, or open 
        space.  Cash payments must not be used for ongoing operation, 
        maintenance, or redevelopment of parks, recreational facilities, 
        playgrounds, trails, wetlands, or open space. 
           (j) The county must not deny the approval of a subdivision 
        based on an inadequate supply of parks, open spaces, trails, or 
        recreational areas within the county. 
           (k) The county must not condition the approval of any 
        proposed subdivision or development on an agreement to waive the 
        right to challenge the validity of a fee or dedication. 
           (l) The county must use at least 75 percent of the funds 
        collected under this subdivision according to the plan required 
        in paragraph (c) in the township or city where the collection of 
        funds occurs.  However, the township board or city council may 
        agree to allow the county to use these funds outside of the 
        township or city in a manner consistent with the county parks, 
        trails, and open space capital improvement plan or the county 
        parks and open space component in its comprehensive plan.  The 
        remainder of the funds may be used by the county only for parks 
        and trails connectivity and accessibility purposes.  The county 
        must annually report to cities and townships on where funds were 
        collected and where funds were expended in the past year.  
           (m) Previously subdivided property from which a park 
        dedication has been received, being resubdivided with the same 
        number of lots, is exempt from park dedication requirements.  
        If, as a result of resubdividing the property, the number of 
        lots is increased, then the park dedication or per lot cash fee 
        must apply only to the net increase of lots. 
           (n) A county must not require a dedication of a portion of 
        a proposed subdivision or a payment in lieu of dedication in a 
        town or city that has adopted a requirement to dedicate or a 
        payment in place of dedication as a provision of the town or 
        city's subdivision regulations under section 462.358, 
        subdivision 2b, or chapter 366. 
           (o) A county may negotiate an agreement with a town or city 
        to share the revenue generated by dedicating a portion of a 
        proposed subdivision or a payment in place of dedication. 
           Presented to the governor May 23, 2003 
           Signed by the governor May 27, 2003, 1:56 p.m.