1997 Minnesota Statutes

   122.21 Detachment and annexation of land. 

    Subdivision 1.  The owner of land which adjoins any 
 independent district, and whose land is not in a special 
 district may petition the county board of the county in which 
 the greater part of the area proposed for detachment and 
 annexation lies to detach all or any part of the land together 
 with the intervening lands as defined in subparagraph (b) below, 
 from the district it now is in, and to attach it, together with 
 such intervening land, to the adjoining district.  For purpose 
 of this section, land is adjoining a school district if: 

    (a) The boundary of the area proposed for detachment and 
 annexation is the same as the district boundary to which 
 attachment is sought at any point, including corners, or 

    (b) The area proposed for detachment and annexation is 
 separated at any point from the district to which annexation is 
 sought by not more than one-half mile and the intervening land 
 is vacant and unoccupied or is owned by one or more of the 
 following:  The United States, or the state of Minnesota or any 
 of its political subdivisions, or an owner who is unknown or 
 cannot be found or 

    (c) The area proposed by a land owner for detachment and 
 annexation is adjoining (as defined in subparagraphs (a) and (b) 
 above) any land proposed for detachment from and annexation to 
 the same district in another pending petition. 

    Subd. 2.  The petition shall contain: 

    (a) A correct description of the area proposed for 
 detachment and annexation, together with such supporting data 
 with regard to location and title to land as will establish 
 facts conformable to subdivision 1. 

    (b) The reasons for the proposed change with facts showing 
 that the granting of the petition will not reduce the size of 
 any district to less than four sections, unless the district is 
 not operating a school within the district. 

    (c) Consent to the petition, endorsed thereon at any time 
 before the hearing by the board of the district from which the 
 area is to be removed, if, at the time of the filing of the 
 petition, any part of the area proposed for detachment is part 
 of a district which maintains and operates a secondary school 
 within the district. 

    (d) An identification of the district to which annexation 
 is sought. 

    (e) Such other information as petitioners may desire to 
 affix. 

    (f) An acknowledgment by the petitioner. 

    Subd. 3.  The petition shall be filed with the auditor who 
 shall present it to the county board at its next meeting.  At 
 the meeting, the county board shall fix a time and place for 
 hearing the petition, which time shall be not more than 60 nor 
 less than ten days from the date of the meeting.  The auditor 
 shall forthwith serve notice of the hearing on each district 
 directly affected by the petition, by mail addressed to the 
 clerk.  If any area affected by the petition is in another 
 county, the auditor shall mail a notice of hearing to the 
 auditor of such county and shall also give one week's published 
 notice of the hearing in the county wherein the hearing is to be 
 held, and ten days' posted notice in each school district 
 affected.  Such posted and published notice may combine pending 
 petitions.  At the hearing on the petition, the county board 
 shall receive and hear any evidence for or against the 
 petition.  The hearing may be adjourned from time to time. 

    Subd. 4.  Within six months of the time when the petition 
 was filed, the county board shall issue its order either 
 granting or denying the petition, unless all or part of the land 
 area described in the petition is included in a plat for 
 consolidation or combination which has been approved by the 
 commissioner of children, families, and learning in which event, 
 no order may be issued while consolidation or combination 
 proceedings are pending.  No order shall be issued which results 
 in attaching to a district any territory not adjoining that 
 district, as defined in subdivision 1(a).  No order shall be 
 issued which reduces the size of any district to less than four 
 sections unless the district is not operating a school within 
 the district.  The order may be made effective at a deferred 
 date not later than July 1 next following its issuance.  If the 
 petition be granted, the auditor shall transmit a certified copy 
 to the commissioner.  Failure to issue an order within six 
 months of the filing of the petition or termination of 
 proceedings upon an approved consolidation plat, whichever is 
 later, is a denial of the petition. 

    Subd. 5.  Upon receipt of the order, the commissioner shall 
 forthwith modify the records and any plats and petitions and 
 proceedings involving districts affected by such order presently 
 before the commissioner for action or record, to conform to the 
 order. 

    Subd. 6.  Upon the effective date of the order, the 
 detachment and annexation ordered therein is effected.  All 
 taxable property in the area so detached and annexed remains 
 taxable for payment of any school purpose obligations 
 theretofore authorized by or on that date outstanding against 
 the district from which detached.  Such property is not by 
 virtue of the order relieved from the obligation of any bonded 
 debt theretofore incurred to which it was subject prior to the 
 order.  All taxable property in the area so detached and annexed 
 is taxable for payment of any school district obligations 
 authorized on or subsequent to the effective date of the order 
 by the district to which annexation is made. 

    HIST: Ex1959 c 71 art 3 s 5; 1965 c 225 s 1; 1969 c 364 s 1; 
 1975 c 162 s 10,41; 1977 c 447 art 7 s 15; 1986 c 444; 1Sp1995 c 
 3 art 6 s 2; art 16 s 13