2006 Minnesota Statutes

414.033 ANNEXATION BY ORDINANCE.
    Subdivision 1. Unincorporated property. Unincorporated property abutting a municipality
may be annexed to the municipality by ordinance as provided for in this section.
    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,
the director must not accept a petition from a property owner for more than one annexation per
year of property contiguous to the parcel previously annexed under this clause; 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.
    Subd. 2a.[Repealed, 1997 c 202 art 5 s 9]
    Subd. 2b. Notice, hearing required. Before a municipality may adopt an ordinance under
subdivision 2, clause (2), (3), or (4), a municipality must hold a public hearing and give 30 days'
written notice by certified mail to the town or towns affected by the proposed ordinance and to all
landowners within and contiguous to the area to be annexed.
    Subd. 3. 60 percent bordered and 40 acres or less. If the perimeter of the area to be annexed
by a municipality is 60 percent or more bordered by the municipality and if the area to be annexed
is 40 acres or less, the municipality shall serve notice of intent to annex upon the town board and
the director, unless the area is appropriate for annexation by ordinance under subdivision 2,
clause (3). The town board shall have 90 days from the date of service to serve objections with
the director. If no objections are forthcoming within the said 90-day period, such land may be
annexed by ordinance. If objections are filed with the director, the director shall conduct hearings
and issue an order as in the case of annexations under section 414.031, subdivisions 3 and 4.
    Subd. 4.[Repealed, 1978 c 705 s 33]
    Subd. 5. Petition by property owners; objections; procedure. If the land is platted, or, if
unplatted, does not exceed 200 acres, a majority of the property owners in number may petition
the municipal council to have such land included within the abutting municipality and, within
ten days thereafter, shall file copies of the petition with the director, the town board, the county
board and the municipal council of any other municipality which borders the land to be annexed.
Within 90 days from the date of service, the town board or the municipal council of such abutting
municipality may submit written objections to the annexation to the director and the annexing
municipality. Upon receipt of such objections, the director shall proceed to hold a hearing and
issue an order in accordance with section 414.031, subdivisions 3 and 4. If written objections are
not submitted within the time specified in this section and if the municipal council determines that
property proposed for the annexation is now or is about to become urban or suburban in character,
it may by ordinance declare such land annexed to the municipality. If the petition is not signed by
all the property owners of the land proposed to be annexed, the ordinance shall not be enacted
until the municipal council has held a hearing on the proposed annexation after at least 30 days'
mailed notice to all property owners within the area to be annexed.
    Subd. 6. If pending proceeding; waivers from parties. Whenever a proceeding for
annexation is initiated under this section and all or any part of the land is included in another
boundary adjustment proceeding pending before the director, no action thereon shall be taken by
the municipality, unless otherwise provided by an order of the director, until final disposition has
been made of the pending petition. Under this section, the director will accept a waiver from all
parties having a right to object, stating they have no objections to the proposed annexation and
waiving the 90 day period before an annexation ordinance may be adopted.
    Subd. 7. Filing; effective date; copy to auditors. Any annexation ordinance provided
for in this section must be filed with the director, the township, the county auditor and the
secretary of state and is final on the date the ordinance is approved by the director. A copy of the
annexation ordinance must be delivered immediately by the governing body of the municipality
to the appropriate county auditors.
    Subd. 8.[Repealed, 1980 c 487 s 23]
    Subd. 9.[Repealed, 1997 c 87 s 4]
    Subd. 10. Director may require additional information. The director may require the city
or property owners to furnish additional information concerning an annexation by ordinance to
inform the director about the extent to which the proposed annexation conforms to the statutory
criteria set forth in sections 414.01, subdivision 1, and 414.031, subdivision 4.
    Subd. 11. When annexed land is in floodplain or shoreland area. When a municipality
declares land annexed to the municipality under subdivision 2, clause (3), and the land is within a
designated floodplain, as provided by section 103F.111, subdivision 4, or a shoreland area, as
provided by section 103F.205, subdivision 4, the municipality shall adopt or amend its land
use controls to conform to chapter 103F, and any new development of the annexed land shall
be subject to chapter 103F.
    Subd. 12. Property taxes. When a municipality annexes land under subdivision 2, clause
(2), (3), or (4), property taxes payable on the annexed land shall continue to be paid to the affected
town or towns for the year in which the annexation becomes effective. If the annexation becomes
effective on or before August 1 of a levy year, the municipality may levy on the annexed area
beginning with that same levy year. If the annexation becomes effective after August 1 of a levy
year, the town may continue to levy on the annexed area for that levy year, and the municipality
may not levy on the annexed area until the following levy year.
    Subd. 13. Electric utility service notice; cost impact. At least 60 days before a petition
is filed under section 414.0325 or this section, the petitioner must notify the municipality that
the petitioner intends to file a petition for annexation. At least 30 days before a petition is filed
for annexation, the petitioner must be notified by the municipality that the cost of electric utility
service to the petitioner may change if the land is annexed to the municipality. The notice must
include an estimate of the cost impact of any change in electric utility services, including rate
changes and assessments, resulting from the annexation.
History: 1969 c 1146 s 12; 1975 c 271 s 6; 1978 c 705 s 15-21; 1979 c 50 s 52; 1985 c 30 s
2,3; 1991 c 291 art 12 s 24; 1992 c 556 s 5-8; 1994 c 511 s 4-8; 1996 c 303 s 13,14; 1997 c 31 art
3 s 14,15; 1997 c 202 art 5 s 3-5; 2002 c 223 s 8-12; 2006 c 270 art 2 s 8,9
NOTE: The amendment to subdivision 2 by Laws 2006, chapter 270, article 2, section 8, is
effective until July 1, 2007. Laws 2006, chapter 270, article 2, section 8, the effective date.