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Potential Land Available for Sale (cont): <br />Page 3 of 3 <br />Dedicated Parks <br />Basically, such lands are held in trust by the City for the specific purpose identified in the grant or dedication. If the City were to use the park land for <br />some other purpose, the previous owner could commence a court action to either regain its ownership or prohibit the City from using it for any <br />purpose other than for parks. <br />In addition, neighboring landowners even taxpayers could bring suit to force the City to use the park land for its original park purpose. <br />Dedicated park land does not belong to the City, but rather is "The property of the dedicator or his successor in interest, in which the City, as trustee <br />for the benefit of the public and not in its own right as such has such an interest as is necessary to enjoy the use thereof as a public [park]" Headley v. <br />City of Northfield 35 N.W.2d 605 (1949). <br />To remove the "park use" designation will require a district court action with notification to the person/entity who dedicated the property, adjacent <br />property owners and the Attorney General's Office. The Attorney General acts somewhat as the caretaker of the public's interest in property held in <br />trust. The court will then decide if the park purpose restriction may be removed, and if so, who is entitled to receive title to the property. <br />Non Dedicated Open <br />Because "non -dedicated" parcels are not legally bound the same way that "dedicated" parks are it makes them easier to disperse. However, it <br />Space <br />should be noted that some of these pieces of land have a public expectation to become developed as parks in the future; or at a minimum, stay <br />undeveloped. Beyond the public expectation, many undedicated open spaces are covered with wetland (see "Wetland/Drainage" below). <br />Wetland/Drainage <br />Properties that contain wetlands, ponds or drainage may require an analysis to be done to reconfigure the parcel in order to make it usable. <br />Therefore, potential profits may be reduced or eliminated (see the City Owned Land Map containing the wetland overlay). Wetlands may be <br />attractive for their ascetic and recreational value. <br />Page 3 of 3 <br />