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<br />Attachment B . <br /> <br />. Randall and Goodrich, RL.C <br /> <br />Memo <br /> <br />. To: RAMSEY CITY COUNCIL <br />RAlVlSEY PLANNING COMMISSION <br /> <br />cc: ~T.lJLRICH, CITY AD~STRATOR <br /> <br />From: WlLLlAM K. GOODRICH; CITY ATTORNEY <br /> <br />. . . <br />Re: SECTION 9.26.06 OF'CITY CODE TITLED "WEn-AND BUFFER STRIPS~WBEN <br />REQ~D" <br />Date: MARCH 2'5, 2009 <br /> <br />At the CitY Co~cil meeting on Feb~ 24, 2009'a discussion was held regarding the legal <br />validity of subsection 9.26.06 of City Code which subseCtion is titled "Wetland Buffer Strips-When, <br /> <br />. . <br />Required". This Subsection forms a part of the City's Compreh~nsive Wetland Protection regUlation <br />which.is Section 9.26:' <br /> <br />. . <br />Rainsey City Cod~ suhs~ction 9.26.06 creates the requirement that 'Yetland Buffer Strips be <br />. establishedfor new lots of record ~r November 14,2005. The length of a buffer strip depends on <br />the Wetland Management ClassmcatiolL (subd. 6.) Variances regarding the Width may be iranted by <br />the City. (City Code subsection 9.27.07) The initial land subdivision applicant is responsible to <br /> <br />. . <br /> <br />m~tain the buffer strip. (City Code subsection 9.26.06 "subd. 4.)~Subsequent purchasers do not need <br />to maintain the buffer strip; however, unless otherwise approved by the. Ctty, the following' activities <br />. . <br /> <br />are prohibited on the buffer strip: mowing; cutting of woody vegetation; filing;, grading or excavating; . <br />. disposal of yard waste; placement of structures; applicatio~ of herbicides.. (subd; 5.) The issue is . <br />whether these prohibitions are constituti.onally perrilltted 'or are they a taking . of pljvate propertY <br />'\ resulting in "inv~rse condemnation." <br /> <br />Inverse condemnation is "[t]he popular description of a cause of action ag8inst a governmental <br />defendmlt to recover the vaiue of property. ~ch hi1s. been taken in fact by the goveJ;11I!1ental <br />. . <br />. . <br />. defendant, even though. no formal exercise of ihe power of eminent domain has been attempted by the <br />taking agency." Alev!:to~ v. Metropolitan Airport, 216 N.W.2d 651 (Minn. 1974) (citations o~tted).. <br />The prope~ is deemed to be tak~n if the o'Wi1er of the property has been ~'deprived of the practical <br /> <br />-1~~- <br />