Minnesota Session Laws - 2011, Regular Session

CHAPTER 115--H.F.No. 753

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 initiate deleted 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 land new 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 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 each deleted 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.

Presented to the governor May 27, 2011

Signed by the governor May 31, 2011, 1:22 p.m.