Bill Text: MN SF1450 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Municipality detachment process
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-03-13 - HF substituted on General Orders HF1738 [SF1450 Detail]
Download: Minnesota-2011-SF1450-Engrossed.html
1.2relating to local government; providing for detachment from a municipality;
1.3amending Minnesota Statutes 2010, section 414.06, subdivisions 1, 2, 3, by
1.4adding subdivisions.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 414.06, subdivision 1, is amended to read:
1.7 Subdivision 1. Initiating the proceeding. Property which is situated within a
1.8municipality and abutting the municipal boundary, rural in character and not developed
1.9for urban residential, commercial, or industrial purposes may be detached from the
1.10municipality according to the following procedure. The proceeding may be initiated by
1.11submitting to the chief administrative law judge a resolution of the municipality to which
1.12the land is attached or by submitting to the chief administrative law judge a petition of all
1.13of the property owners of the land to be detached if the area is less than 40 acres or of 75
1.14percent of the property owners if over 40 acres. The petition or resolution shall set forth
1.15the boundaries and the area of the land to be detached, the number and character of the
1.16buildings, the resident population, and the municipal improvements, if any, in the area, and
1.17a statement of the reasons the petitioners or the municipality is seeking the detachment. In
1.18addition, the petitioners shall summarize what, if any, efforts were undertaken prior to
1.19filing the resolution or petition to resolve the issues forming the basis for the resolution
1.20or petition. If a petition is submitted without a resolution from the city, the petitioners
1.21shall also provide a copy of the petition to the city from which the land may be detached,
1.22and if the petition includes land for which a property owner has not signed the petition,
1.23to each property owner subject to the petition who has not signed the petition. A copy
1.24must also be mailed or otherwise delivered to the following parties: (1) the clerk of the
2.1town to which the property would be attached if the detachment is granted; (2) the clerk
2.2of any other abutting town or city; and (3) to the county recorder in the county in which
2.3the land is located.
2.4 Sec. 2. Minnesota Statutes 2010, section 414.06, is amended by adding a subdivision
2.5to read:
2.6 Subd. 1a. Town options. Upon receipt of the notice provided in subdivision 1, the
2.7town board of the town to which the land is proposed to be attached may submit to the
2.8chief administrative law judge a resolution stating that the town board supports, opposes,
2.9or is neutral to the petition. The failure to submit a resolution before any hearing required
2.10under this section must be deemed a position of neutrality. If the town submits a resolution
2.11of support for a petition opposed by the municipality from which the land is proposed to
2.12be detached, or a resolution in opposition to a petition supported by a resolution of the
2.13municipality, the town becomes a party to the hearing required under this section and is
2.14subject to the distribution of costs as provided in subdivision 7.
2.15 Sec. 3. Minnesota Statutes 2010, section 414.06, subdivision 2, is amended to read:
2.16 Subd. 2. Hearing, if needed. If both a resolution of support from the municipality
2.17and a petition by all the property owners are submitted, and no resolution of opposition
2.18has been received from a town as provided in subdivision 1a, no hearing is necessary
2.19and the chief administrative law judge shall grant the petition. If both the municipality
2.20and town submit a resolution opposing the petition, a hearing must not be held and the
2.21chief administrative law judge shall deny the petition. In any other case, upon receipt of
2.22a petition or resolution, the chief administrative law judge shall designate a time and
2.23place for a hearing in accordance with section414.09 , except that instead of the meetings
2.24otherwise required under section 414.01, subdivision 16, the chief administrative law
2.25judge shall order the parties to participate in a mediation session. The mediator must be on
2.26a list of mediators approved by the Office of Administrative Hearings, unless the parties
2.27stipulate to a mediator not on the list. The cost of the mediation must be apportioned
2.28as provided for in subdivision 7.
2.29 Sec. 4. Minnesota Statutes 2010, section 414.06, subdivision 3, is amended to read:
2.30 Subd. 3. Order. Upon completion of the hearing, the chief administrative law
2.31judge may order the detachment on finding that the requisite number of property owners
2.32have signed the petition if initiated by the property owners, that the property is rural in
2.33character and not developed for urban residential, commercial or industrial purposes, that
3.1the property is within the boundaries of the municipality and abuts a boundary, that the
3.2detachment would not unreasonably affect the symmetry of the detaching municipality,
3.3and that the land is not needed for reasonably anticipated future development. In
3.4making the findings, the chief administrative law judge shall consider all applicable
3.5comprehensive plans, land use regulations, and land use maps of the affected municipality,
3.6town, and county that have been adopted at the time the petition was submitted. The
3.7chief administrative law judge may deny the detachment on finding that the remainder
3.8of the municipality cannot continue to carry on the functions of government without
3.9undue hardship. The chief administrative law judge may decrease the area of property
3.10to be detached and may include only a part of the proposed area to be detached. If the
3.11tract abuts more than onetownship town, it shall become a part of each township town,
3.12being divided by projecting through it the boundary line between thetownships towns.
3.13The detached area may be relieved of the primary responsibility for existing indebtedness
3.14of the municipality and be required to assume the indebtedness of thetownship town of
3.15which it becomes a part, in such proportion as the chief administrative law judge shall
3.16deem just and equitable having in view the amount of taxes due and delinquent and the
3.17indebtedness of eachtownship town and the municipality affected, if any, and for what
3.18purpose the same was incurred, all in relation to the benefit inuring to the detached area as
3.19a result of the indebtedness and the last net tax capacity of the taxable property in each
3.20township town and municipality.
3.21 Sec. 5. Minnesota Statutes 2010, section 414.06, is amended by adding a subdivision
3.22to read:
3.23 Subd. 7. Costs. Notwithstanding the provisions of section 414.067, the chief
3.24administrative law judge shall apportion the costs of the mediation and hearing in an
3.25equitable manner, but unless the chief administrative law judge makes specific findings
3.26as to why a party shall be responsible for a greater share, the petitioning landowners are
3.27responsible for at least 50 percent of the total costs.
1.3amending Minnesota Statutes 2010, section 414.06, subdivisions 1, 2, 3, by
1.4adding subdivisions.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 414.06, subdivision 1, is amended to read:
1.7 Subdivision 1. Initiating the proceeding. Property which is situated within a
1.8municipality and abutting the municipal boundary, rural in character and not developed
1.9for urban residential, commercial, or industrial purposes may be detached from the
1.10municipality according to the following procedure. The proceeding may be initiated by
1.11submitting to the chief administrative law judge a resolution of the municipality to which
1.12the land is attached or by submitting to the chief administrative law judge a petition of all
1.13of the property owners of the land to be detached if the area is less than 40 acres or of 75
1.14percent of the property owners if over 40 acres. The petition or resolution shall set forth
1.15the boundaries and the area of the land to be detached, the number and character of the
1.16buildings, the resident population, and the municipal improvements, if any, in the area, and
1.17a statement of the reasons the petitioners or the municipality is seeking the detachment. In
1.18addition, the petitioners shall summarize what, if any, efforts were undertaken prior to
1.19filing the resolution or petition to resolve the issues forming the basis for the resolution
1.20or petition. If a petition is submitted without a resolution from the city, the petitioners
1.21shall also provide a copy of the petition to the city from which the land may be detached,
1.22and if the petition includes land for which a property owner has not signed the petition,
1.23to each property owner subject to the petition who has not signed the petition. A copy
1.24must also be mailed or otherwise delivered to the following parties: (1) the clerk of the
2.1town to which the property would be attached if the detachment is granted; (2) the clerk
2.2of any other abutting town or city; and (3) to the county recorder in the county in which
2.3the land is located.
2.4 Sec. 2. Minnesota Statutes 2010, section 414.06, is amended by adding a subdivision
2.5to read:
2.6 Subd. 1a. Town options. Upon receipt of the notice provided in subdivision 1, the
2.7town board of the town to which the land is proposed to be attached may submit to the
2.8chief administrative law judge a resolution stating that the town board supports, opposes,
2.9or is neutral to the petition. The failure to submit a resolution before any hearing required
2.10under this section must be deemed a position of neutrality. If the town submits a resolution
2.11of support for a petition opposed by the municipality from which the land is proposed to
2.12be detached, or a resolution in opposition to a petition supported by a resolution of the
2.13municipality, the town becomes a party to the hearing required under this section and is
2.14subject to the distribution of costs as provided in subdivision 7.
2.15 Sec. 3. Minnesota Statutes 2010, section 414.06, subdivision 2, is amended to read:
2.16 Subd. 2. Hearing, if needed. If both a resolution of support from the municipality
2.17and a petition by all the property owners are submitted, and no resolution of opposition
2.18has been received from a town as provided in subdivision 1a, no hearing is necessary
2.19and the chief administrative law judge shall grant the petition. If both the municipality
2.20and town submit a resolution opposing the petition, a hearing must not be held and the
2.21chief administrative law judge shall deny the petition. In any other case, upon receipt of
2.22a petition or resolution, the chief administrative law judge shall designate a time and
2.23place for a hearing in accordance with section
2.24otherwise required under section 414.01, subdivision 16, the chief administrative law
2.25judge shall order the parties to participate in a mediation session. The mediator must be on
2.26a list of mediators approved by the Office of Administrative Hearings, unless the parties
2.27stipulate to a mediator not on the list. The cost of the mediation must be apportioned
2.28as provided for in subdivision 7.
2.29 Sec. 4. Minnesota Statutes 2010, section 414.06, subdivision 3, is amended to read:
2.30 Subd. 3. Order. Upon completion of the hearing, the chief administrative law
2.31judge may order the detachment on finding that the requisite number of property owners
2.32have signed the petition if initiated by the property owners, that the property is rural in
2.33character and not developed for urban residential, commercial or industrial purposes, that
3.1the property is within the boundaries of the municipality and abuts a boundary, that the
3.2detachment would not unreasonably affect the symmetry of the detaching municipality,
3.3and that the land is not needed for reasonably anticipated future development. In
3.4making the findings, the chief administrative law judge shall consider all applicable
3.5comprehensive plans, land use regulations, and land use maps of the affected municipality,
3.6town, and county that have been adopted at the time the petition was submitted. The
3.7chief administrative law judge may deny the detachment on finding that the remainder
3.8of the municipality cannot continue to carry on the functions of government without
3.9undue hardship. The chief administrative law judge may decrease the area of property
3.10to be detached and may include only a part of the proposed area to be detached. If the
3.11tract abuts more than one
3.12being divided by projecting through it the boundary line between the
3.13The detached area may be relieved of the primary responsibility for existing indebtedness
3.14of the municipality and be required to assume the indebtedness of the
3.15which it becomes a part, in such proportion as the chief administrative law judge shall
3.16deem just and equitable having in view the amount of taxes due and delinquent and the
3.17indebtedness of each
3.18purpose the same was incurred, all in relation to the benefit inuring to the detached area as
3.19a result of the indebtedness and the last net tax capacity of the taxable property in each
3.20
3.21 Sec. 5. Minnesota Statutes 2010, section 414.06, is amended by adding a subdivision
3.22to read:
3.23 Subd. 7. Costs. Notwithstanding the provisions of section 414.067, the chief
3.24administrative law judge shall apportion the costs of the mediation and hearing in an
3.25equitable manner, but unless the chief administrative law judge makes specific findings
3.26as to why a party shall be responsible for a greater share, the petitioning landowners are
3.27responsible for at least 50 percent of the total costs.
