Minnesota Legislature
HF 2430
as introduced - 88th Legislature (2013 - 2014) Posted on 02/27/2014 03:35pm
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A bill for an act
relating to education; amending the process for detachment and annexation of
school district lands; amending Minnesota Statutes 2012, section 123A.45.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2012, section 123A.45, is amended to read:
123A.45 DETACHMENT AND ANNEXATION OF LAND.
Subdivision 1.
Detachment and annexation.
deleted text begin Thedeleted text end new text begin Annew text end owner of land deleted text begin which adjoins
any independent district, and whose land is not in a special districtdeleted text end may new text begin propose an area
for detachment and annexation and new text end petition the county board of the county in which
the greater part of the area proposed for detachment and annexation lies to detach deleted text begin all or
any part ofdeleted text end the deleted text begin landdeleted text end new text begin areanew text end together with the intervening lands as defined in paragraph (b),
from the district it now is in, and to attach it, together with such intervening land, to the
adjoining district. For purpose of this section, land is adjoining a district if:
(a) The boundary of the area proposed for detachment and annexation is the same as
the district boundary to which attachment is sought at any point, including corners, or
(b) The area proposed for detachment and annexation is separated at any point
from the district to which annexation is sought by not more than one-half mile and the
intervening land is vacant and unoccupied or is owned by one or more of the following:
The United States, or the state of Minnesota or any of its political subdivisions, or an
owner who is unknown or cannot be found or
(c) The area proposed by a land owner for detachment and annexation is adjoining,
as defined in paragraphs (a) and (b), any land proposed for detachment from and
annexation to the same district in another pending petition.
Subd. 2.
Petition.
The petition must contain:
(a) A correct description of the area proposed for detachment and annexation,
including supporting data regarding location and title to land to establish that the deleted text begin land
deleted text end new text begin areanew text end is adjoining a districtnew text begin , that the petitioner owns land within the area, and that none
of the area is in a special districtnew text end .
(b) The reasons for the proposed change with facts showing that the granting of the
petition will not reduce the size of any district to less than four sections, unless the district
is not operating a school within the district.
(c) deleted text begin Consent to the petition, if, at the time of the filing of the petition, any part of
the area proposed for detachment is part of a district which maintains and operates a
secondary school within the district. Before the hearing, the consent of the board of the
district in which the area proposed for detachment lies must be endorsed on the petition.
deleted text end new text begin The signatures of at least 75 percent of landowners in the area proposed for detachment
and annexation.
new text end
(d) An identification of the district to which annexation is sought.
(e) Other information the petitioners may desire to affix.
(f) An acknowledgment by the petitioner.
(g) A description of whether bonded indebtedness will be allocated according to
subdivision 6deleted text begin , paragraph (b) or (c)deleted text end .
Subd. 3.
Filing petitionnew text begin and negotiationnew text end .
The petition must be filed with the
auditor who shall present it to the county board at its next meeting. deleted text begin At the meeting, the
county board must fix a time and place for hearing the petition. The hearing shall be not
more than 60 nor less than ten days from the date of the meeting. The auditor shall serve
notice of the hearing on each district directly affected by the petition, by mail addressed to
the clerk. If any area affected by the petition is in another county, the auditor shall mail a
notice of hearing to the auditor of such county and shall also give one week's published
notice of the hearing in the county in which the hearing is to be held, and ten days' posted
notice in each school district affected. Such posted and published notice may combine
pending petitions. At the hearing on the petition, the county board must receive and hear
any evidence for or against the petition. The hearing may be adjourned from time to time.
deleted text end new text begin Upon presentation to the county board, the county board must provide notice to the school
boards of the affected districts that they must enter into negotiations under subdivision 3a.
new text end
new text begin Subd. 3a. new text end
new text begin Negotiation. new text end
new text begin
Upon notice from the county board, the affected districts
must enter into negotiations.
new text end
new text begin
(a) The affected districts must negotiate on the entire proposed transfer of territory.
new text end
new text begin
(b) The districts have 90 calendar days in which to agree to the proposed transfer of
territory.
new text end
new text begin
(c) If the affected school districts reach a negotiated agreement about the proposed
transfer of territory initiated by petition, the districts must file the agreement with the
county board. The county board must approve the agreement at its next regular meeting.
new text end
new text begin
(d) If the affected school districts cannot come to an agreement about the proposed
transfer of territory initiated by petition, the district in which the citizens who filed the
petition reside must file with the county board a written request for a hearing by the county
board unless a majority of the citizen petitioners request otherwise.
new text end
new text begin Subd. 3b. new text end
new text begin Hearing. new text end
new text begin
If required, due to the inability of the affected districts to come
to a negotiated agreement, the county board will schedule a hearing on the petition within
60 days. The county board shall consider the following factors at the hearing:
new text end
new text begin
(1) student educational opportunities;
new text end
new text begin
(2) the safety and welfare of the students getting to and from school and in and
at school;
new text end
new text begin
(3) the history and relationship of the property affected to the students and
communities affected, including municipal boundaries, logical district boundaries, and
current and future community and district planning;
new text end
new text begin
(4) whether geographic accessibility warrants a favorable consideration of the
requested change in boundaries, including remoteness or isolation of places of residence
and time required to travel to and from school; and
new text end
new text begin
(5) all funding sources of the affected districts and any potential equitable adjustment
between the districts as provided in subdivision 3c.
new text end
new text begin Subd. 3c. new text end
new text begin Equitable adjustment. new text end
new text begin
In determining an equitable adjustment of assets
and liabilities, the negotiating school districts and the county board shall consider the
following factors:
new text end
new text begin
(1) the number of school age children residing in each school district and in each part
of a district involved or affected by the proposed change in school district organization;
new text end
new text begin
(2) the assessed valuation of the property located in each school district and in each
part of a district involved or affected by the proposed change in school district organization;
new text end
new text begin
(3) the purpose for which the bonded indebtedness of any school district involved or
affected by the proposed change in school district organization was incurred;
new text end
new text begin
(4) the history and relationship of the property affected to the students and
communities affected by the proposed change in school district organization;
new text end
new text begin
(5) additional burdens to the districts affected by the proposed change in school
district organization as a result of the proposed organization;
new text end
new text begin
(6) the value, location, and disposition of all improvements located in the school
districts involved or affected by the proposed change in school district organization;
new text end
new text begin
(7) the consideration of all other sources of funding; and
new text end
new text begin
(8) any other factors that in the judgment of the school districts or county board are
important or essential to the making of an equitable adjustment of assets and liabilities.
new text end
Subd. 4.
Order.
Within six months of the deleted text begin filing of the petitiondeleted text end new text begin hearingnew text end , the county
board must issue its order either granting or denying the petition. If any of the land area
described in the petition is included in a plat for consolidation or combination which has
been approved by the commissioner, then no order may be issued while consolidation or
combination proceedings are pending. No order shall be issued which results in attaching
to a district any territory not adjoining that district, as defined in subdivision 1, paragraph
(a). No order shall be issued which reduces the size of any district to less than four
sections unless the district is not operating a school within the district. The order may
have a deferred effective date not later than July 1 immediately following its issuance.
If the petition is granted, the auditor shall transmit a certified copy to the commissioner.
deleted text begin Failure to issue an order within six months of the filing of the petition or termination of
proceedings upon an approved consolidation plat, whichever is later, is a denial of the
petition.deleted text end new text begin The order granting or denying the petition must be supported by written findings.
new text end
Subd. 5.
Modification of records.
Upon receipt of the order, the commissioner
shall modify the records and any plats and petitions and proceedings involving districts
affected by deleted text begin suchdeleted text end new text begin thenew text end order presently before the commissioner for action or record, to
conform to the order.
Subd. 6.
Taxable property.
deleted text begin (a)deleted text end Upon the effective date of the order, the detachment
and annexation is effected. deleted text begin The bonded indebtedness must be assigned to the detached
and annexed land under either paragraph (b) or (c).deleted text end new text begin Any equitable adjustment of assets
and liabilities, including bonded indebtedness, must be assigned to the detached and
annexed land.
new text end
deleted text begin
(b) Unless specified separately under paragraph (c), all taxable property in the area
so detached and annexed remains taxable for payment of any school purpose obligations
already authorized by or outstanding on the effective date of the order against the district
from which detached. The order does not relieve such property from the obligation of
any bonded debt already incurred to which it was subject prior to the order. All taxable
property in the area so detached and annexed is taxable for payment of any district
obligations authorized on or subsequent to the effective date of the order by the district to
which annexation is made.
deleted text end
deleted text begin
(c) Alternatively, if the school board of the district in which the area is proposed
for detachment and the school board of the district in which the area is proposed for
annexation agree, all taxable property in the area detached and annexed shall be taxable
by the school district to which the property is annexed. Detached and annexed property
is relieved from the obligation of any bonded debt already incurred by the district in
which the area is detached and is obligated for any bonded debt already incurred by the
district to which the area is annexed.
deleted text end
new text begin Subd. 7. new text end
new text begin Appeal. new text end
new text begin
A petitioner or school district may appeal a decision by the county
board to the district court based on the claim that the county board failed to follow the
applicable statutory and regulatory procedures or acted in an arbitrary and capricious
manner. An appeal shall be based on the record and the appeal must be filed within 30
days of the final decision of the county board.
new text end