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Minn. Stat. § 505.01 <br />subd 2; Minn. Stat. § <br />505.01 subd 1 <br />Minn. Stat. § 462.358 <br />subd 2b (i) <br />Minn. Stat. § 462.358 <br />subd 2b(c) <br />Sample ordinance on <br />park and trail fees <br />Minn. Stat § 462.358 <br />subd 2b(d) <br />Minn. Stat. § 462.358 <br />subd 2b(c) <br />A dedication of land to the public is usually reflected on the plat document or <br />in an easement or other deed document. When park land is dedicated to the <br />public, the dedication conveys complete ownership to the city (known as <br />"fee title "). Land for streets, roads, alleys, trails, and other public ways <br />dedicated to the public conveys an easement only to the city for the dedicated <br />purposes. Land dedicated for all other uses is conveyed to the city "in trust" <br />for the dedicated use. <br />Land which has been previously subdivided and from which a park <br />dedication has been received, is exempted by state statute from further <br />dedication requirements if a re- subdivision creates the same number of lots. <br />Where new lots are created, a park dedication fee may be applied only to the <br />net increase in lots. <br />A. Cash payments in lieu of land <br />dedication <br />In lieu of land dedication for parks, recreational facilities, playgrounds, trails, <br />wetlands, or open space, cities may require a developer to pay "cash fees" <br />commonly referred to as "park dedication fees" and /or "trail fees" <br />(cumulatively referred to as park dedication fees in the rest of this memo) <br />Park dedication fees excuse a developer from a local land dedication for park <br />and recreational purposes, but still allow the city to purchase and acquire <br />new off -site facilities to serve needs created by the subdivision. When a city <br />establishes and imposes a park dedication fee, in lieu of land dedications, it <br />must still comply with all of the requirements discussed above for land <br />dedications related to procedure, nexus, and proportionality. <br />In collecting park dedication fees, the city must give due consideration the <br />park and recreational facilities that the applicant already proposes to <br />incorporate into the development for public use. For example, if the proposed <br />development already includes park and trail facilities for residents, it may be <br />more difficult to justify an additional cash fee. <br />1. Setting park dedication fees <br />Park dedication fees must be established by ordinance or a fee schedule that <br />meets the requirements of state statute discussed in Section VI -A -2. Fees <br />must be set based upon the average fair market value of land within the area: <br />• That is unplatted. <br />• For which park fees have not been paid. <br />• That is to be served at the time of final approval or will be served under <br />the city's comprehensive plan by city sanitary sewer and water. <br />Cities may wish to retain the services of a land appraiser or some other <br />professional to help them determine the appropriate rate for their park <br />dedication fees. <br />32 LEAGUE OF MINNESOTA. CITIES <br />