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Wensmann Realty, <br />Inc. v. City of Eagan, <br />734 N.W.2d 623 <br />(Minn.,2007) Czech v. <br />City of Blaine, 253 <br />N.W.2d 272 (Minn. <br />1977); Pearce v. <br />Village of Edina, 118 <br />N.W.2d 659 (Minn. <br />1962) <br />LMCIT Land Use <br />Loss Control <br />Brochure <br />Generally, a zoning scheme will constitute a regulatory taking only if it <br />denies landowner all economically viable or beneficial use of property or, <br />stated differently, all reasonable use of property. However, not all diminution <br />of property values will be considered a taking. Zoning often has the side <br />effect of increasing the value of some property while decreasing the value of <br />other property. To be ruled a regulatory taking, the regulation must be so <br />severe as to render the property practically useless for the purpose for which <br />it is zoned. For example, a regulation that would prohibit a residence in a <br />strictly residential zone. In these cases, the court will order the city to pay the <br />affected landowner compensation for the land lost to the regulatory taking. <br />D. Obtaining technical assistance in <br />ordinance drafting <br />The Municipal Planning Act grants cities the authority to hire staff, including <br />professional planners and attorneys, to assist in the drafting of a zoning <br />ordinance. Local city officials and staff often have in -depth knowledge <br />regarding the community and its needs, but lack expertise in the many <br />technical and legal aspects of zoning. Professional planners and the city <br />attorney can contribute this needed information to the zoning ordinance <br />adoption process and, while not required, are highly recommended. Because <br />zoning is regulated by numerous diverse state and federal laws and court <br />cases, at a minimum, the assistance of the city attorney is necessary to help <br />the city evaluate whether its ordinance complies with all applicable laws. <br />Assistance may also be obtained by contacting the LMCIT Land Use <br />Services for zoning information and materials. <br />III. Common issues in ordinance <br />drafting <br />Zoning ordinances can accomplish a great deal of good for a community <br />Drafting a zoning ordinance seemingly opens up many possibilities for <br />dealing with concerns or even outright problems and challenges faced by a <br />particular community. However, cities must be careful not to exceed their <br />authority in drafting a city zoning ordinance. Below are some common <br />concerns raised by cities in relation to an initial drafting of a zoning <br />ordinance. <br />18 LEAGUE OF MINNESOTA. CITIES <br />