11-26-1984 Council Packet - Laserfiche WebLink

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I Taking In addition to their procedural due process claim, plaintiffs also allege that defendants' requiring plaintiffs to convey the public right of way to the Bakers and the Pritres constitutes a taking of private property in violation of the fifth amendment to the United States Constitution. More specifically, plaintiffs assert this conveyance requirement constitutes taking private property for other than a public purpose and without just compensation. Plaintiffs argue that the increased public needs which would be created by construction of plaintiffs' residence, do not warrant the City demanding the right of way. The Supreme Court of Minnesota has declared that in certain situations, a municipality's requiring a subdeveloper to dedicate land to the public as a prerequisite for granting a building permit can constitute a taking of private property in violation of both the Minnesota and United States Consti- tutions. Collis v. City of Bloomington, 246 N.W.2d 19, 21, 26 (Minn. 1976). Municipalities may only require sub - developers to dedicate an amount of land which reasonably relates to the increased public needs created by the sub- division. To require more than an amount reasonably related to the increased public demands engendered by the subdivision - 5 -