Minnesota Legislature
HF 753
as introduced - 87th Legislature (2011 - 2012) Posted on 02/28/2011 10:16am
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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 begin Both municipalities may initiatedeleted text end new text begin Initiating new text end the 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 end submitting 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 officer 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' petitionnew 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 end new text begin both municipalities have submitted resolutions under subdivision
1 and new text end the 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 begin eachdeleted text end new 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.