SF 1179

as introduced - 91st Legislature (2019 - 2020) Posted on 02/14/2019 02:51pm

A bill for an act
relating to local government; prohibiting annexation of a designated area by means
other than those identified in an orderly annexation agreement; prohibiting
annexation of the designated area by nonparties; amending Minnesota Statutes
2018, section 414.0325, subdivisions 1, 6.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 414.0325, subdivision 1, is amended to read:

Subdivision 1.

Initiating the proceeding.

(a) One or more townships and one or more
municipalities, by joint resolution, may designate an unincorporated area as in need of
orderly annexation. One or more municipalities, by joint resolution with the county, may
designate an unincorporated area in which there is no organized township government as
in need of orderly annexation.

(b) A designated area is any area which the signatories to a joint resolution for orderly
annexation have identified as being appropriate for annexation, either currently or at some
point in the future, pursuant to the negotiated terms and conditions set forth in the joint
resolution. Land described as a designated area is not, by virtue of being so described,
considered also to be annexed for purposes of this chapter.

(c) The joint resolution will confer jurisdiction on the chief administrative law judge
over annexations in the designated area and over the various provisions in said agreement
by submission of said joint resolution to the chief administrative law judge.

(d) The resolution shall include a description of the designated area and the reasons for
designation.

(e) Thereafter, an annexation of any part of the designated area deleted text begin may deleted text end new text begin shall only new text end be initiated
by:

(1) submitting to the chief administrative law judge a resolution of any signatory to the
joint resolution; or

(2) the chief administrative law judge.

(f) Whenever a state agency, other than the Pollution Control Agency, orders a
municipality to extend a municipal service to an area, the order confers jurisdiction on the
chief administrative law judge to consider designation of the area for orderly annexation.

(g) If a joint resolution designates an area as in need of orderly annexation and states
that no alteration of its stated boundaries is appropriate, the chief administrative law judge
may review and comment, but may not alter the boundaries.

(h) If a joint resolution designates an area as in need of orderly annexation, provides for
the conditions for its annexation, and states that no consideration by the chief administrative
law judge is necessary, the chief administrative law judge may review and comment, but
shall, within 30 days, order the annexation in accordance with the terms of the resolution.

Sec. 2.

Minnesota Statutes 2018, section 414.0325, subdivision 6, is amended to read:

Subd. 6.

Validity, effect of orderly annexation agreement.

An orderly annexation
agreement is a binding contract upon all parties to the agreement and is enforceable in the
district court in the county in which the unincorporated property in question is located. The
provisions of an orderly annexation agreement are not preempted by any provision of this
chapter unless the agreement specifically provides so. If an orderly annexation agreement
provides the exclusive procedures by which the unincorporated property identified in the
agreement may be annexed to the municipality, the municipality shall not annex that property
by any other procedure. new text begin Annexation of the designated area by means other than those
identified in the orderly annexation agreement or by a nonparty to the orderly annexation
agreement is prohibited. A petition or other filing by a nonparty to the orderly annexation
agreement shall be denied as soon as the parcel to be annexed is identified as being subject
to an orderly annexation agreement. An ordinance adopted by a nonparty municipality
seeking to annex property subject to an orderly annexation agreement is void and
unenforceable.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective the day following final enactment.
new text end