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Minnesota Legislature

Office of the Revisor of Statutes

HF 753

2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 05/24/2011 03:36pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to local government; providing for concurrent detachment and
annexation; amending Minnesota Statutes 2010, section 414.061, subdivisions 1,
2, 5.

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

Section 1.

Minnesota Statutes 2010, section 414.061, subdivision 1, is amended to read:


Subdivision 1.

deleted text beginBoth municipalities may initiatedeleted text end new text beginInitiating new text endthe proceeding.

Property of one municipality which abuts another may be concurrently detached and
annexed by the procedure set forth in this section. The proceeding shall be initiated by
new text begin (1) new text endsubmitting to the chief administrative law judge resolutions of both municipalities
describing the land and stating their desire to detach and annex the landnew text begin, or (2) submitting
to the chief administrative law judge the petition of property owners and the resolution
of at least one municipality describing the land and stating its desire to have the land
concurrently detached and annexed as provided in the property owners' petition
new text end.

Sec. 2.

Minnesota Statutes 2010, section 414.061, subdivision 2, is amended to read:


Subd. 2.

Order.

If new text begin new text endnew text beginboth municipalities have submitted resolutions under subdivision
1 and
new text endthe resolutions are in order, the chief administrative law judge may order the
detachment and annexation.

Sec. 3.

Minnesota Statutes 2010, section 414.061, subdivision 5, is amended to read:


Subd. 5.

Property owners may initiate.

Property owners may initiate proceedings
for the concurrent detachment of their property from one municipality and its annexation
to an adjacent municipality by a petition signed by all of them that they submit to the
chief administrative law judge accompanied by a resolution of the city council of deleted text begineachdeleted text endnew text begin at
least one
new text end of the affected municipalities. The chief administrative law judge shall conduct
hearings and issue an order pursuant to section 414.09. In arriving at a decision, the chief
administrative law judge shall consider the factors in section 414.02, subdivision 3. The
chief administrative law judge shall order the proposed action on finding that it will be
for the best interests of the municipalities and the property owner. In all cases, the chief
administrative law judge shall set forth the factors which are the basis for the decision.