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~~ <br />....,,'y <br />not been offered to it for sale or gift by the property owner <br />would be in the instance of a major subdivision and if part <br />of the plan (greenways, accessways), is within the <br />subdivision. There is a requirement within the Subdivision <br />Regulations for a donation of 1/35th of an acre for each lot <br />in the subdivision. A thirty-five acre subdivision would <br />thus require that one acre be donated. That is not any <br />different at all than the requirement that has been in place <br />for years regarding access to the lots in the subdivision by <br />dedication of a public road or in some instances a private <br />road. The underlying basis for requiring the dedication is <br />to provide recreation space. There are differing opinions <br />about the need for public recreation. However, there is no <br />question but that it is within a local government's authority <br />to require recreation because the courts have, for a long <br />time, regarded acquisition of property for public recreation <br />and for private recreation in the case of developments, as <br />being for a public purpose. Gledhill stated that if nothing <br />is ever to be done with the property in the way of <br />subdivision, there .is nothing "threatening" in the Plan. <br />There is nothing that is being presented in these documents <br />for consideration by the County Commissioners which <br />contemplates acquiring property without it being offered <br />and without the County either receiving as a gift or paying <br />for it. <br />Mrs. Mary Johnson, speaking from the audience, noted that the <br />property set aside in a subdivision for recreational purposes <br />is to be used for private recreation for that particular <br />subdivision. <br />The County Attorney responded that in most cases, the <br />requirement for recreation space within the subdivision will <br />be for the people in the subdivision. The only time that the <br />recreation area will also be made available to the general <br />public will be if the recreation area happens to correspond <br />with the proposed greenway system. Tf you are planning to <br />develop your property and divide it into lots, you will be <br />required to provide recreation. If the recreation area <br />happens to align with the park system, the public may have <br />access to that area. <br />Mrs. Johnson stated that she agreed with the setting aside of <br />land in a subdivision for use as a recreational area for <br />those within the subdivision. She continued, however, that <br />allowing people to have access across private property would <br />be unconstitutional because it takes away the right of <br />property owners to decide who has access to their property. <br />Chair Marshall responded that until the land is subdivided, <br />the greenway would be a line on a map. Chair Marshall <br />continued that this is a plan for the future as urban <br />