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development occurs. Mrs. Johnson continued that someone had <br />spoken at a„previous meeting and stated that land had already <br />been taken from them. She asked for a clarification. <br />Chair Marshall responded that was in relation to development <br />in the portion of Bingham Township that is within the Joint <br />Planning Area where an adopted greenways plan is already in <br />place. <br />Attorney Gledhill stated that the government can require you <br />to publicly dedicate a certain amount of Yousafetd andat it <br />regards as necessary for the public health, Y <br />welfare), before it allows you to make lots available for <br />sale. The purpose of this is to provide you with whatever <br />things it deems necessary in order for that subdivision to be <br />a place where people can safely and happily live. That is <br />the underlying philosophy behind what are known as exactions <br />in development work. He stated that he felt no one would <br />argue with the County requiring a public road for access but <br />when that requirement is made, it has became a part of the <br />public. The same principle applies in recreation andblicis <br />not unconstitutional for the government to require p <br />access to some reasonable amount of your land if Y°ulots <br />going to be developing it for the purpose of making <br />available for sale ar for any other reason. The amount that <br />the government can take from you in the development process <br />or require you to dedicate for public use in the development <br />process must be a reasonable amount and must be related to <br />the impact that your subdivision has on the overall county. <br />That is why only major subdivisions are required to make <br />dedications far park purposes. <br />Commissioner Carey asked that Attorney Gledhill explain what <br />constitutes a major subdivision. Gledhill responded that a <br />major subdivision in Orange County is a development of five <br />lots or more from a tract of land. Gledhill emphasized again <br />that there is nothing in the proposed plan that contemplates <br />that Orange County will use eminent domain power to acquire <br />property. <br />Chair Marshall emphasized again that no greenways will be <br />developed on property unless it is given to the County ar <br />bought by the County or where a major subdivision is <br />proposed. Existing farms or existing open space in single <br />ownership are not involved. <br />Tom Wagner, Little River Township, noted that the map <br />indicated a park in his area or on his property and asked <br />about the acquisition of land for parks. Gledhill respoross <br />that the area on which parks are shown on the map is a g <br />area. The aetuaGledhilltcontinuedtthatoittwouldrnotnbecome <br />not been mad <br /> <br />I <br />I <br />i <br />I <br />