Legal Question in Real Estate Law in Michigan

park fee assesments
i purchased a 12 acre parcel of land and subdivided it into 30 residential building lots. this parcel lies within an older village within the state.village is 95% developed as of 1990. this village adopted a law in 1995 in to its planning procedure to require parkland or money in lieu of parkland as part of the subdivision process. this is typical in this area but generally for towns on the grow, not ones already built out.the village established a fee of $3,000 per lot. this is the highest i have heard of. there appears to be no ryhme or reason for the timimng or the amount of this regulation other than the ability to get some ''free'', money because they saw adjacent municipalities doing it. there was no research or findings to establish this fee. now my question. is there any required research or study by the village to adopt this fee, and are they allowed to pick an amount of of the air to ''extort'' from subdividers? I forgot to mention in this village there are only 4 or 5 parcels of land left over 5 acres the would even be subdividable. 2 family lots are assessed the same as 1 family lots. A 3 lot, 2-family subdivision the same time as mine was deemed to have a minimal impact and was not required to pay a fee.

Asked on 1/14/02, 12:34 am

Don Darnell Darnell & Lulgjuraj, P.C.

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Re: park fee assesments

I think you need to challange the fee as arbitrary and capricious.

Answered on 1/14/02, 8:26 am

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