HF 205

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education finance; creating an alternative 
  1.3             to the detachment and annexation process for 
  1.4             residential property parcels that are split among 
  1.5             school districts; proposing coding for new law in 
  1.6             Minnesota Statutes, chapter 123A.  
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [123A.455] [REALIGNING SPLIT RESIDENTIAL 
  1.9   PARCELS.] 
  1.10     Subdivision 1.  [DEFINITIONS.] "Split residential property 
  1.11  parcel" means a parcel of real estate that is located within the 
  1.12  boundaries of more than one school district and that is 
  1.13  classified as residential property as defined in: 
  1.14     (1) section 273.13, subdivision 22, paragraph (a); 
  1.15     (2) section 273.13, subdivision 25, paragraph (b), clause 
  1.16  (1); or 
  1.17     (3) section 273.13, subdivision 25, paragraph (c), clause 
  1.18  (1). 
  1.19     Subd. 2.  [PETITION.] The owner of a split residential 
  1.20  property parcel may petition the auditor of the county where any 
  1.21  part of a split parcel is located to transfer that part into 
  1.22  another adjoining school district.  The petition must contain: 
  1.23     (1) a correct description of the split parcel to be 
  1.24  affected by the transfer including supporting data regarding 
  1.25  location and title to the land; 
  1.26     (2) a list of the school districts in which the split 
  2.1   parcels currently lie; 
  2.2      (3) the school district into which the petitioner desires 
  2.3   to have the whole split parcel transferred; and 
  2.4      (4) the district of attendance of any students currently 
  2.5   residing on the property. 
  2.6      A copy of the petition must be filed with the county 
  2.7   auditor of any other county in which any part of a split parcel 
  2.8   lies. 
  2.9      Subd. 3.  [AUDITOR'S ORDER.] Within 60 days of receipt of 
  2.10  the petition, the auditor of the county in which the original 
  2.11  petition was filed under subdivision 2 shall issue an order to 
  2.12  transfer the affected parcel to the district determined by the 
  2.13  county board as of July 1 immediately following issuance of the 
  2.14  order.  The auditor must notify the affected school districts 
  2.15  and the commissioner of the change in school district boundaries.
  2.16     Subd. 4.  [COMMISSIONER.] The commissioner shall modify the 
  2.17  records of school district boundaries to conform to the order. 
  2.18     Subd. 5.  [TAXABLE PROPERTY.] Upon the effective date of 
  2.19  the order, the whole split property parcel is transferred into a 
  2.20  single school district.  Beginning in the next subsequent taxes 
  2.21  payable year, all taxable property in the whole split parcel is 
  2.22  relieved from all school district taxes from the district in 
  2.23  which any portion of the parcel no longer lies and is subject to 
  2.24  all school district taxes in the district in which the whole 
  2.25  split parcel is now located. 
  2.26     [EFFECTIVE DATE.] This section is effective July 1, 2003.