Dillon's Rule on local government power

I found an interesting concept called "Dillon's Rule":
http://www.nlc.org/about_cities/cities_101/153.aspx
Dillon's Rule is used in interpreting state law when there is a question of whether or not a local government has a certain power

Land Conservation Court Case Summaries

Found the following link:
http://learningcenter.lta.org/attached-files/0/95/9525/Case_Law_Summaries_-_LTA_-_Master_Doc_-_03-10.pdf

I did not see any examples of a city government deciding to terminate a conservation easement - it appears that most cases involve enforcement of the easement and interpretation of that; there are also examples in their of defining standing....

Malt-O-Meal Corporate Response to Conservation Easement

Regarding the Malt-O-Meal property in Lakeville, MN

The conservation easement in question is about 2.5 acres of the 12 acres we own. We realized the conservation easement existed on part of this land before we acquired the property.  However, the City of Lakeville indicated flexibility in considering removal of the conservation easement to support our future growth in Lakeville.  They are open to considering removal since there were no definitive reasons why the conservation easement was established in 1995. 

The Malt-O-Meal property is located in an industrial park area that includes light industry, commercial office space, a Holiday Inn, a retail strip mall, a McDonalds, a truck stop, and other commercial activity all within 150 yards of Interstate 35W. There are a total of 12 residential homes in the area, 7 of which share a property line with the conservation easement.

As part of our planning for future growth, we recently approached the city about the possibility of removal of the easement.  They indicated they would consider it at a public city council meeting in December of this year.  Prior to the council meeting, the city and Malt-O-Meal wanted to solicit input and answer questions of the neighbors whose property abuts the easement.  Malt-O-Meal hosted a meeting with these neighbors on November 23^rd. 

In our discussions with neighbors, the city encouraged us to provide all potential possibilities for the long term future of this site.  Along with parking and drainage, we would have enough space to construct another office building on that land.  Therefore, we drew up plans that included a potential building as part of full disclosure to the neighbors.  While we don’t know if we will ever need that building, it is in the plans as an option to support our continued growth.

The Lakeville City Council will make the decision on whether the easement is removed.  They have indicated they will balance the needs of residential homes along with supporting our growth and increased jobs in the future. The opening of our Lakeville Technology Center in 2009 brought 200+ jobs to the city. Future expansion could add up to 100 more jobs. Of the 7 commercial businesses in the industrial park, Malt-O-Meal paid 50% of the property taxes in 2010 – over $190,000.

As always, Malt-O-Meal strives to be a good corporate citizen.  We respect all laws and policies that are in existence.  While we hope the Lakeville City Council elects to remove the conservation easement to support our future growth, we will abide by whatever decision they make on this issue. 

Redevelopment Act

See https://www.revisor.mn.gov/data/revisor/statute/2010/469/2010-469.pdf

The purposes of sections 469.001 to 469.047 are:

(1) to provide a sufficient supply of adequate, safe, and sanitary dwellings in order to protect the health, safety, morals, and welfare of the citizens of this state;

Public participation in activities intended to meet the purposes of sections 469.001 to 469.047 and the exercise of powers confined by sections 469.001 to 469.047 are public uses and purposes for which private property may be acquired and public money spent.


Can the land even be developed?


469.029 DISPOSAL OF PROPERTY
Subd. 2. Notice; public hearing; determination; terms and conditions
Every such lease or sale shall provide that the lessee or purchaser shall carry out or cause to be carried out the approved project area redevelopment plan or approved modifications thereof and that no use shall be made of any land or real property included in the lease or sale nor any building or structure erected thereon which does not conform to the approved plan or approved modifications thereof. In the instrument of lease or sale the authority may include other terms, conditions, and provisions in the judgment of the authority will provide reasonable assurance of the priority of the obligations of the lease or sale and of conformance to the plan over any other obligations of the lessee or purchaser, and also assurance of the financial and legal ability of the lessee or purchaser to carry out and conform to the plan and the terms and conditions of the lease or sale, to begin the building of any improvements within a period of time which the authority fixes as reasonable. The instrumentshall also include the terms, conditions, and specifications concerning buildings, improvements, subleases, or tenancies, maintenance and management, and any other related matters the authority may reasonably impose or approve, including provisions whereby the obligations to carry out and conform to the project area plan shall run with the land.

(See bolded text above)