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8 <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. If 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 />