1997 Minnesota Statutes

     414.06 Detachment of property from a municipality. 

    Subdivision 1.    Initiating the proceeding.  Property 
 which is situated within a municipality and abutting the 
 municipal boundary, rural in character and not developed for 
 urban residential, commercial, or industrial purposes may be 
 detached from the municipality according to the following 
 procedure.  The proceeding may be initiated by submitting to the 
 board a resolution of the municipality to which the land is 
 attached or by submitting to the board a petition of all of the 
 property owners of the land to be detached if the area is less 
 than 40 acres or of 75 percent of the property owners if over 40 
 acres.  The petition or resolution shall set forth the 
 boundaries and the area of the land to be detached, the number 
 and character of the buildings, the resident population, and the 
 municipal improvements, if any, in the area. 

    Subd. 2.    Hearing, if needed.  If both a resolution of 
 the municipality and a petition by all the property owners are 
 submitted, no hearing is necessary.  In any other case, upon 
 receipt of a petition or resolution, the executive director of 
 the board shall designate a time and place for a hearing in 
 accordance with section 414.09. 

    Subd. 3.    Board's order.  Upon completion of the 
 hearing, the board may order the detachment if it finds that the 
 requisite number of property owners have signed the petition if 
 initiated by the property owners, that the property is rural in 
 character and not developed for urban residential, commercial or 
 industrial purposes, that the property is within the boundaries 
 of the municipality and abuts a boundary, that the detachment 
 would not unreasonably affect the symmetry of the detaching 
 municipality, and that the land is not needed for reasonably 
 anticipated future development.  The board may deny the 
 detachment if it finds that the remainder of the municipality 
 cannot continue to carry on the functions of government without 
 undue hardship. The board shall have authority to decrease the 
 area of property to be detached and may include only a part of 
 the proposed area to be detached.  If the tract abuts more than 
 one township, it shall become a part of each township, being 
 divided by projecting through it the boundary line between the 
 townships.  The detached area may be relieved of the primary 
 responsibility for existing indebtedness of the municipality and 
 be required to assume the indebtedness of the township of which 
 it becomes a part, in such proportion as the board shall deem 
 just and equitable having in view the amount of taxes due and 
 delinquent and the indebtedness of each township and the 
 municipality affected, if any, and for what purpose the same was 
 incurred, all in relation to the benefit inuring to the detached 
 area as a result of the indebtedness and the last net tax 
 capacity of the taxable property in each township and 
 municipality. 

    Subd. 4.    Effective date.  The detachment shall be 
 effective upon the issuance of the board's order, or at such 
 later date, as provided by the board in its order.  A copy of 
 the detachment order must be delivered immediately by the 
 executive director of the Minnesota municipal board to the 
 appropriate county auditor or auditors.  For the purposes of 
 taxation, if the detachment becomes effective on or before 
 August 1 of a levy year, the town or towns acquiring the 
 detached area may levy on it beginning with that same levy 
 year.  If the detachment becomes effective after August 1 of a 
 levy year, the municipality may continue to levy on the detached 
 area for that levy year, and the town or towns acquiring the 
 detached area may not levy on it until the following levy year. 

    HIST: 1959 c 686 s 6; 1961 c 645 s 6; 1963 c 807 s 11; 1965 c 
 899 s 15; 1969 c 1146 s 15; 1975 c 271 s 6; 1978 c 705 s 24; 
 1988 c 719 art 5 s 84; 1989 c 329 art 13 s 20; 1991 c 291 art 12 
 s 25