1997 Minnesota Statutes

     103C.225 Discontinuance of districts. 

    Subdivision 1.    Petition for termination.  (a) After 
 five years after the organization of a district, 25 occupiers of 
 land in the district may file a petition with the state board 
 asking that the operations and existence of the district be 
 terminated. 

    (b) The state board may not receive a petition, conduct a 
 referendum, or make a determination on a petition to discontinue 
 a district more often than once in two years.  

    Subd. 2.    Hearings.  The state board may conduct 
 public meetings and public hearings upon the petition as 
 necessary to assist in consideration of the petition.  

    Subd. 3.    Referendum.  (a) Within 60 days after the 
 petition is received by the state board, it shall give due 
 notice of the holding of a referendum, supervise the referendum, 
 and issue appropriate regulations governing the conduct of the 
 referendum. 

    (b) The question shall be submitted by ballots, upon which 
 the words "For terminating the existence of the 
 .................. (name of the soil and water conservation 
 district to be here inserted)" and "Against terminating the 
 existence of the .................. (name of the soil and water 
 conservation district to be here inserted)" shall be printed, 
 with a square before each proposition and a direction to insert 
 an X mark in the square before one or the other.  

    (c) Only land occupiers in the district may vote in the 
 referendum.  

    (d) Informalities in the conduct of the referendum or 
 matters relating to the referendum do not invalidate the 
 referendum, or result of the referendum, if due notice has been 
 given and the referendum has been fairly conducted.  

    (e) The state board shall publish the result of the 
 referendum.  

    Subd. 4.    Determination by state board.  (a) The state 
 board shall determine whether the continued operation of the 
 district board is administratively feasible and give 
 consideration to the public policy under section 103A.206, and:  

    (1) the attitudes of the occupiers of lands lying within 
 the district; 

    (2) the number of land occupiers eligible to vote in the 
 referendum who have voted; 

    (3) the proportion of the votes cast in the referendum in 
 favor of the discontinuance of the district to the total number 
 of votes cast; 

    (4) the approximate wealth and income of the land occupiers 
 of the district; 

    (5) the probable expense of carrying on erosion-control 
 operations within the district; and 

    (6) other economic and social factors relevant to the 
 determination.  

    (b) If the state board determines that the continued 
 operation of the district is administratively feasible, the 
 state shall record the determination and deny the petition.  

    (c) If the state board determines that the continued 
 operation of the district is not administratively feasible, the 
 state board shall record the determination and certify the 
 determination to the district board.  The state board may not 
 determine that the continued operation of the district is 
 administratively feasible unless at least a majority of the 
 votes cast in the referendum have been cast in favor of 
 continuance.  

    Subd. 5.    Termination of district affairs.  Upon 
 receipt from the state board of a certification that the state 
 board has determined that the continued operation of the 
 district is not administratively feasible, the district board 
 shall promptly terminate the affairs of the district.  The 
 district board shall dispose of all property belonging to the 
 district at public auction and pay the proceeds into the state 
 treasury.  

    Subd. 6.    Application to secretary of state.  The 
 district board shall then file a verified application with the 
 secretary of state to discontinue the district with the 
 certificate of the state board setting forth its determination 
 that the continued operation of the district is not 
 administratively feasible.  The application shall recite that 
 the property of the district has been disposed of and the 
 proceeds paid as provided in this section, and set forth a full 
 accounting of the property and proceeds.  

    Subd. 7.    Certificate of dissolution.  The secretary 
 of state shall issue to the district board a certificate of 
 dissolution and record the certificate in the secretary of 
 state's office.  

    Subd. 8.    Effect of dissolution.  Upon issuance of the 
 certificate of dissolution, the ordinances and regulations in 
 force in the district are of no further force.  All contracts 
 entered into, to which the district or district board were 
 parties, shall remain in force and effect for the period 
 provided in the contracts.  The state board shall be substituted 
 for the district or district board as party to the contracts and 
 succeed to the district's rights and duties.  

    HIST: 1990 c 391 art 3 s 10