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• <br /> • <br /> °erto, OFFICE OF THE Coreorat(on Counsel <br /> Cal W. Kornstedt <br /> CORPORATION COUNSEL <br /> ��coN <br /> EXHIBIT <br /> A <br /> June 4 , 1990 <br /> James Mueller <br /> Dane County Parks Department <br /> . 4318 Robertson Road <br /> Madison, Wisconsin 53704 <br /> Dear Mr. Mueller : <br /> You ask whether the county' s Parks & Opens Space Plan has <br /> any legal effect, especially on the rights of landowners whose <br /> lands are subject to the plan. In my opinion the only legal <br /> effect of the Parks .& Opens Space Plan is to enable the <br /> procurement of state and federal dollars when and if purchases <br /> are made of lands described in the Plan. It has no other legal <br /> effect and it specifically does not affect the rights of an <br /> affected landowner to sell the lands to whomever he or she <br /> chooses and at whatever price can be obtained. It also does not <br /> affect a landowner ' s right to develop or otherwise use his or <br /> her land as and to the extent permitted by law. <br /> You have informed me that the Dane County Parks & Opens <br /> Space Plan is a "comprehensive outdoor recreation plan" as that <br /> term is used by the Department of Natural Resources. NR <br /> 50. 06 (4) , Wis. Admin. Code, provides that in order to obtain <br /> funding under the land and water conservation fund act of 1965 <br /> (LAWCON) , a municipality must have a comprehensive outdoor <br /> recreation plan which has been formally approved by the <br /> municipality's governing body. NR 50. 16 (5) (b) , Wis. Admin. <br /> Code, also requires that in order to be eligible for aids for <br /> the acquisition or development of local parks under sec. <br /> 23. 09 (20) , stats. , the municipality must first have adopted a <br /> comprehensive outdoor recreation plan. Similarly, NR <br /> 50. 18 (4) (d) , Wis. Admin. Code, requires an approved <br /> comprehensive outdoor recreation plan in order to apply for <br /> funding under the local park aid program created under sec. <br /> 23.09 (25) (e) , stats. <br /> The term "comprehensive outdoor recreation plan" is not <br /> mentioned in state statutes. <br /> D-1 <br /> Room 419, City-County Building, 210 Martin Luther King,Jr. Boulevard, Madison, Wisconsin 53709 608/266-4355 <br />