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Agenda - 02-22-1988
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Agenda - 02-22-1988
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BOCC
Date
2/22/1988
Meeting Type
Regular Meeting
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Agenda
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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 your land (what it <br /> regards as necessary for the public health, safety and <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 become a part of the <br /> public. The same principle applies in recreation and it is <br /> not unconstitutional for the government to require public <br /> access to some reasonable amount of your land if you are <br /> going to be developing it for the purpose of making lots <br /> available for sale or 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 for 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 or <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 responded <br /> that the area on which parks are shown on the map is a gross <br /> area. The actual identity or location of the parklands has <br /> not been made. Gledhill continued that it would not become <br />
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