1997 Minnesota Statutes

     414.061 Concurrent detachment and annexation of 
  incorporated land. 

    Subdivision 1.    Initiating the proceeding.  Property 
 of one municipality which abuts another may be concurrently 
 detached and annexed by the procedure set forth in this 
 section.  The proceeding shall be initiated by submitting to the 
 executive director resolutions of both municipalities describing 
 the land and stating their desire to detach and annex the land. 

    Subd. 2.    Board's order.  If the resolutions are in 
 order, the board may order the detachment and annexation. 

    Subd. 3.    Effective date.  The concurrent detachment 
 and annexation 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 annexation 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 annexation becomes effective on or 
 before August 1 of a levy year, the municipality acquiring the 
 detached area of another municipality may levy on it beginning 
 with that same levy year.  If the annexation becomes effective 
 after August 1 of a levy year, the municipality losing the 
 detached area may continue to levy on it for that levy year, and 
 the municipality acquiring the detached area may not levy on it 
 until the following levy year. 

    Subd. 4.    Board initiation.  The board may initiate 
 proceedings for the concurrent detachment and annexation of 
 portions of one municipality completely surrounded by another 
 municipality, on its own motion or upon the petition of all of 
 the owners of property in the completely surrounded area.  In 
 such cases the board shall conduct hearings and issue its order 
 pursuant to section 414.09.  In arriving at its decision, the 
 board shall consider the factors in section 414.02, subdivision 
 3.  The board shall order the proposed action if it finds that 
 it will be for the best interests of the municipalities and the 
 property owners.  In all cases, the board shall set forth the 
 factors which are the basis for the decision. 

    Subd. 4a. Repealed, 1996 c 303 s 19 

    Subd. 5.    Property owner initiation.  Property owners 
 may initiate proceedings for the concurrent detachment of their 
 property from one municipality and its annexation to an adjacent 
 municipality by a petition signed by all of them that they 
 submit to the board accompanied by a resolution of the city 
 council of at least one of the affected municipalities.  The 
 board shall conduct hearings and issue its order pursuant to 
 section 414.09.  In arriving at its decision, the board shall 
 consider the factors in section 414.02, subdivision 3.  The 
 board shall order the proposed action if it finds that it will 
 be for the best interests of the municipalities and the property 
 owner.  In all cases, the board shall set forth the factors 
 which are the basis for the decision. 

    HIST: 1969 c 1146 s 16; 1973 c 621 s 6; 1975 c 271 s 6; 1978 c 
 705 s 25-27; 1985 c 30 s 4; 1Sp1986 c 3 art 1 s 53-55; 1991 c 
 291 art 12 s 26; 1994 c 511 s 9; 1996 c 303 s 17,18