Minnesota Session Laws - 2014, Regular Session

CHAPTER 220--H.F.No. 1425

An act

relating to local government; providing annexation definitions; limiting the annexation by ordinance of certain parcels;

amending Minnesota Statutes 2012, sections 414.011, subdivision 5, by adding a subdivision; 414.033, subdivision 2.

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

Section 1.

Minnesota Statutes 2012, section 414.011, subdivision 5, is amended to read:

Subd. 5.

Property owner.

"Property owner" means the new text begin owner of any new text end fee deleted text begin owner deleted text end new text begin interest new text end of land, or the beneficial owner of land whose interest is primarily one of possession and enjoyment. The term includes, but is not limited to, vendees under a contract for deed, and mortgagors. Any reference to a percentage of property owners shall mean in number.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and applies to boundary adjustments commenced on or after that date. new text end

Sec. 2.

Minnesota Statutes 2012, section 414.011, is amended by adding a subdivision to read:

new text begin Subd. 13. new text end

new text begin Property description or boundaries of the area. new text end

new text begin "Property description" or "boundary of the area" means the legal description of the property. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and applies to boundary adjustments commenced on or after that date. new text end

Sec. 3.

Minnesota Statutes 2012, section 414.033, subdivision 2, is amended to read:

Subd. 2.

Conditions.

A municipal council may by ordinance declare land annexed to the municipality and any such land is deemed to be urban or suburban in character or about to become so if:

(1) the land is owned by the municipality;

(2) the land is completely surrounded by land within the municipal limits;

(3) the land abuts the municipality and the area to be annexed is 120 acres or less, and the area to be annexed is not presently served by public wastewater facilities or public wastewater facilities are not otherwise available, and the municipality receives a petition for annexation from all the property owners of the land. Except as provided for by an orderly annexation agreement, this clause may not be used to annex any property contiguous to any property new text begin either simultaneously proposed to be or new text end previously annexed under this clause within the preceding 12 months if the property is new text begin or has been new text end owned new text begin at any point during that period new text end by the same owners and annexation would cumulatively exceed 120 acres; or

(4) the land has been approved after August 1, 1995, by a preliminary plat or final plat for subdivision to provide residential lots that average 21,780 square feet or less in area and the land is located within two miles of the municipal limits.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and applies to annexation ordinances adopted on or after that date. new text end

Presented to the governor May 7, 2014

Signed by the governor May 9, 2014, 10:30 a.m.