If negotiations fail, the municipality may use its powers of condemnation, although municipalities rarely exercise these powers. The municipality and landowner may negotiate the sale of the reserved land or an easement, or they may agree to an alternative approach that will still meet the public need.
However, the owners are constrained in building on, subdividing or otherwise developing the reserved land until (1) they receive a special encroachment permit or (2) they provide written notice of intent to develop and then allow the municipality up to a year to acquire the land from them. This expression of intent does not affect existing property ownership landowners still own and control their land. By reserving the land, the municipality expresses its intent to acquire that specific land at some future date. A municipality may more effectively provide for future trails, parks, networks of open space, road improvements, or other public uses by identifying the location of key public grounds and infrastructure in advance of the public’s need and reserving the necessary land on an official map.
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