SF 1353

as introduced - 88th Legislature (2013 - 2014) Posted on 03/25/2014 04:26pm

A bill for an act
relating to local government; providing for effect of orderly annexation
agreement; limiting the annexation by ordinance of certain parcels; amending
Minnesota Statutes 2012, sections 414.0325, subdivision 6; 414.033, by adding a
subdivision.

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

Section 1.

Minnesota Statutes 2012, section 414.0325, subdivision 6, is amended to read:

Subd. 6.

Validity, effect of orderly annexation agreement.

An orderly annexation
agreement is a binding contract upon all parties to the agreement and is enforceable in the
district court in the county in which the unincorporated property in question is located.
The provisions of an orderly annexation agreement are not preempted by any provision
of this chapter unless the agreement specifically provides so. If an orderly annexation
agreement provides the exclusive procedures by which the unincorporated property
identified in the agreement may be annexed to the municipality, the municipality shall not
annex that property by any other procedure. new text begin Property subject to an orderly annexation
agreement is not subject to any type of annexation by any city not a party to the orderly
annexation agreement, and any petition or other filing by a nonparty city shall be denied as
soon as the parcel to be annexed is identified as being subject to an orderly annexation
agreement. An ordinance adopted by a city not a party to the orderly annexation seeking
to annex property subject to an orderly annexation is void.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2012, section 414.033, is amended by adding a subdivision
to read:

new text begin Subd. 14. new text end

new text begin Subdivision of land. new text end

new text begin When (1) a parcel of land is subdivided from a
larger parcel, and (2) the original parcel, before subdivision, was larger in acreage than a
parcel otherwise eligible for annexation under this section, then neither the subdivided
parcel nor the remainder of the original parcel may be annexed under this section during
the five years following the subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end