relating to local government; providing for municipal annexation by ordinance;
changing or adding certain definitions for purposes of boundary adjustments;
amending Minnesota Statutes 2012, sections 414.011, subdivision 5, by adding a
subdivision; 414.033, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2012, section 414.011, subdivision 5, is amended to read:
Subd. 5. Property owner.
"Property owner" means the owner of any
of land, or the beneficial owner of land whose interest is primarily one of possession
and enjoyment. The term includes, but is not limited to, vendees under a contract for deed,
and mortgagors. Any reference to a percentage of property owners shall mean in number.
1.12EFFECTIVE DATE.This section is effective the day following final enactment
1.13and applies to boundary adjustments commenced on or after that date.
Sec. 2. Minnesota Statutes 2012, section 414.011, is amended by adding a subdivision
1.16 Subd. 13. Property description or boundaries of the area. "Property description"
1.17or "boundary of the area" means the legal description of the property.
1.18EFFECTIVE DATE.This section is effective the day following final enactment
1.19and applies to boundary adjustments commenced on or after that date.
Sec. 3. Minnesota Statutes 2012, section 414.033, subdivision 2, is amended to read:
Subd. 2. Conditions.
A municipal council may by ordinance declare land annexed
to the municipality and any such land is deemed to be urban or suburban in character
or about to become so if:
(1) the land is owned by the municipality;
(2) the land is completely surrounded by land within the municipal limits;
(3) the land abuts the municipality and the area to be annexed is 120 acres or less,
and the area to be annexed is not presently served by public wastewater facilities or public
wastewater facilities are not otherwise available, and the municipality receives a petition for
annexation from all the property owners of the land. Except as provided for by an orderly
annexation agreement, this clause may not be used to annex any property contiguous to
any property either simultaneously proposed to be or
previously annexed under this clause
within the preceding 12 months if the property is or has been
owned at any point during
by the same owners and annexation would cumulatively exceed 120 acres; or
(4) the land has been approved after August 1, 1995, by a preliminary plat or final
plat for subdivision to provide residential lots that average 21,780 square feet or less in
area and the land is located within two miles of the municipal limits.
2.17EFFECTIVE DATE.This section is effective the day following final enactment
2.18and applies to annexation ordinances adopted on or after that date.