SF 392

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to annexation; providing for reversion of 
  1.3             annexed property to the township if services are not 
  1.4             provided in two years; amending Minnesota Statutes 
  1.5             2000, sections 414.031, by adding a subdivision; and 
  1.6             414.033, by adding a subdivision.  
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 414.031, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 7.  [REVERSION OF ANNEXED LAND.] The order for 
  1.11  annexation must specify what municipal services must be provided 
  1.12  in the annexed area within two years after the effective date of 
  1.13  the order.  At a minimum, sewer and water must be provided to 
  1.14  substantially all households and businesses in the area.  If the 
  1.15  services to be provided in the annexed area are not 
  1.16  substantially complete as required by the order, the entire area 
  1.17  annexed to the municipality is detached and reverts to the 
  1.18  township upon approval of a request by the township or by any 
  1.19  property owner in the annexed area.  The request may be made at 
  1.20  any time after two years after the effective date of the order.  
  1.21  The request must be made in writing and filed with the director 
  1.22  of the office of strategic and long-range planning, provided to 
  1.23  the municipality, to all affected property owners in the annexed 
  1.24  area who are not making the request, and, if the request is by a 
  1.25  property owner, to the town board of supervisors.  If the 
  1.26  director of the office determines that the services have not 
  2.1   been provided or are not substantially complete as required by 
  2.2   the order for annexation, the director shall approve the 
  2.3   detachment and reversion and notify all parties, the secretary 
  2.4   of state, the state demographer, the county auditor for each 
  2.5   affected county, the commissioner of revenue, and any other 
  2.6   person who has requested notice.  The detachment and reversion 
  2.7   is effective upon the director's order approving the request.  
  2.8   The detached area that reverts is relieved of responsibility for 
  2.9   any debt or other obligations of the municipality and may be 
  2.10  required to assume responsibility for debt and other obligations 
  2.11  of the township.  For the purposes of taxation, if the 
  2.12  detachment becomes effective on or before August 1 of a levy 
  2.13  year, the town or towns acquiring the detached area may levy on 
  2.14  it beginning with that same levy year.  If the detachment 
  2.15  becomes effective after August 1 of a levy year, the 
  2.16  municipality may continue to levy on the detached area for that 
  2.17  levy year, and the town or towns acquiring the detached area may 
  2.18  not levy on it until the following levy year. 
  2.19     Sec. 2.  Minnesota Statutes 2000, section 414.033, is 
  2.20  amended by adding a subdivision to read: 
  2.21     Subd. 14.  [REVERSION OF ANNEXED LAND.] The order for 
  2.22  annexation must specify what municipal services must be provided 
  2.23  in the annexed area within two years after the effective date of 
  2.24  the order.  At a minimum, sewer and water must be provided to 
  2.25  substantially all households and businesses in the area.  If the 
  2.26  services to be provided in the annexed area are not 
  2.27  substantially complete as required by the order, the entire area 
  2.28  annexed to the municipality is detached and reverts to the 
  2.29  township upon approval of a request by the township or by any 
  2.30  property owner in the annexed area.  The request may be made at 
  2.31  any time after two years after the effective date of the order.  
  2.32  The request must be made in writing and filed with the director 
  2.33  of the office of strategic and long-range planning, provided to 
  2.34  the municipality, to all affected property owners in the annexed 
  2.35  area who are not making the request, and, if the request is by a 
  2.36  property owner, to the town board of supervisors.  If the 
  3.1   director of the office determines that the services have not 
  3.2   been provided or are not substantially completed as required by 
  3.3   the order for annexation, the director shall approve the 
  3.4   detachment and reversion and notify all parties, the secretary 
  3.5   of state, the state demographer, the county auditor for each 
  3.6   affected county, the commissioner of revenue, and any other 
  3.7   person who has requested notice.  The detachment and reversion 
  3.8   is effective upon the director's order approving the request.  
  3.9   The detached area that reverts is relieved of responsibility for 
  3.10  any debt or other obligations of the municipality and may be 
  3.11  required to assume responsibility for debt and other obligations 
  3.12  of the township.  For the purposes of taxation, if the 
  3.13  detachment becomes effective on or before August 1 of a levy 
  3.14  year, the town or towns acquiring the detached area may levy on 
  3.15  it beginning with that same levy year.  If the detachment 
  3.16  becomes effective after August 1 of a levy year, the 
  3.17  municipality may continue to levy on the detached area for that 
  3.18  levy year, and the town or towns acquiring the detached area may 
  3.19  not levy on it until the following levy year. 
  3.20     Sec. 3.  [EFFECTIVE DATE.] 
  3.21     Sections 1 and 2 apply to any annexation effective on or 
  3.22  after June 1, 1999, and are effective the day following final 
  3.23  enactment.  For annexations effective before the effective date 
  3.24  of sections 1 and 2, the two-year period in which to provide 
  3.25  sewer and water begins on the effective date of sections 1 and 2.