HF 3354

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to local government; providing for a stay of action on an orderly
annexation resolution pending action on an annexation by order petition;
amending Minnesota Statutes 2006, sections 414.0325, by adding a subdivision;
414.09, subdivision 1.

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

Section 1.

Minnesota Statutes 2006, section 414.0325, is amended by adding a
subdivision to read:

new text begin Subd. 1c. new text end

new text begin Stay of designation. new text end

new text begin If a joint resolution for orderly annexation under
this section is submitted to the director, and another municipality not party to the joint
resolution and abutting the designated area therein serves or has served a notice of intent
to annex all or a portion of the area designated in the joint resolution under this section, the
director shall stay further action on the joint resolution pending the outcome of a hearing
on the competing annexation petition in accordance with sections 414.031 and 414.09.
new text end

Sec. 2.

Minnesota Statutes 2006, section 414.09, subdivision 1, is amended to read:

Subdivision 1.

Hearings.

(a) Proceedings initiated by the submission of an initiating
document or by the director shall come on for hearing within 30 to 60 days from receipt
of the document by the director or from the date of the director's action deleted text begin and deleted text end new text begin . Following
the opening of the hearing record, the hearing must be continued by the director or the
director's designee for no more than 30 days following the completion of mediation or
other compelled meetings under section 414.01, subdivision 16. new text end The person conducting
the hearing must submit an order no later than one year from the date of the day of the
first hearing new text begin , unless that date is extended by the administrative law judge following a joint
request of the parties or following motion upon good cause new text end .

(b) The place of the hearing shall be in the county where a majority of the affected
territory is situated, and shall be established for the convenience of the parties new text begin at a facility
appropriate for such proceedings in the judgment of the presiding administrative law
judge. Notwithstanding the foregoing, in the event of competing annexation petitions filed
under this chapter by two or more municipalities, unless otherwise agreed by the parties to
the hearing, the place of the hearing shall be determined by the presiding administrative
law judge new text end .

(c) The director shall mail notice of the hearing to the following parties: the
township or municipality presently governing the affected territory; any township or
municipality abutting the affected territory; the county where the affected territory is
situated; and each planning agency which has jurisdiction over the affected area.

(d) The director shall see that notice of the hearing is published for two successive
weeks in a legal newspaper of general circulation in the affected area.

(e) When the director exercises authority to change the boundaries of the affected
area so as to increase the quantity of the land, the hearing shall be recessed and reconvened
upon two weeks' published notice in a legal newspaper of general circulation in the
affected area.