1999 Minnesota Statutes

     414.01 Creation; enabling provisions. 

    Subdivision 1.    Purpose.  The Minnesota municipal 
 board is hereby created to conduct proceedings, make 
 determinations and issue orders for the creation of a 
 municipality, the combination of two or more governmental units, 
 or the alteration of a municipal boundary. 

    The legislature finds that:  (1) sound urban development 
 and preservation of agricultural land and open spaces through 
 land use planning is essential to the continued economic growth 
 of this state; (2) municipal government most efficiently 
 provides governmental services in areas intensively developed 
 for residential, commercial, industrial, and governmental 
 purposes; and township government most efficiently provides 
 governmental services in areas used or developed for 
 agricultural, open space, and rural residential purposes; (3) 
 the public interest requires that municipalities be formed when 
 there exists or will likely exist the necessary resources to 
 provide for their economical and efficient operation; (4) 
 annexation to existing municipalities of unincorporated areas 
 unable to supply municipal services should be facilitated; and, 
 (5) the consolidation of municipalities should be encouraged.  
 The Minnesota municipal board is empowered to promote and 
 regulate development of municipalities to provide for the 
 extension of municipal government to areas which are developed 
 or are in the process of being developed for intensive use for 
 residential, commercial, industrial, institutional, and 
 governmental purposes or are needed for such purposes; and to 
 protect the stability of unincorporated areas which are used or 
 developed for agricultural, open space, and rural residential 
 purposes and are not presently needed for more intensive uses; 
 and to protect the integrity of land use planning in 
 municipalities and unincorporated areas so that the public 
 interest in efficient local government will be properly 
 recognized and served. 

    Subd. 2.    Members, qualifications, meetings.  The 
 board shall be composed of three members appointed by the 
 governor, at least one of whom shall be learned in the law, and 
 at least one of whom shall be a resident from outside of the 
 metropolitan area as defined in section 473.121, subdivision 2.  
 The board shall select from its members a chair who shall have 
 the powers and duties prescribed by the general law applicable 
 to the heads of departments and agencies of the state.  All 
 those appointed must be residents of the state for at least five 
 years before the appointment.  Each appointed member shall serve 
 for six years.  The board shall meet once each month at a 
 regular time to be established by the chair.  The removal of 
 members and filling of vacancies for members other than county 
 commissioner members on the board are as provided in section 
 15.0575.  

    In proceedings before the board for the incorporation of a 
 statutory city, consolidation of two or more municipalities, or 
 annexation of unincorporated land to a municipality, two county 
 commissioners of the board of the county in which all or a 
 majority of the affected land is located shall serve on the 
 board during such time as the board shall have under 
 consideration said matter.  The executive director of the board 
 shall upon initiation of a proceeding for such incorporation, 
 consolidation, or annexation notify the county auditor of the 
 county in which the majority of the affected property is 
 situated of the need for the appointment of the two county 
 commissioners to the board.  At the next succeeding meeting of 
 the county board the commissioners shall designate the two 
 appointed and shall thereupon immediately notify the Minnesota 
 municipal board executive director of their action.  The county 
 commissioners shall represent districts which do not contain any 
 of the affected territory.  If commissioners from the unaffected 
 districts are unavailable, commissioners from the affected 
 district may serve. 

    Subd. 3. Repealed, 1996 c 303 s 19 

    Subd. 3a. Repealed, 1996 c 303 s 19 

    Subd. 4. Repealed, 1996 c 303 s 19 

    Subd. 5.    Majority acts, chair's authority.  The board 
 shall transact business and conduct hearings by a majority of 
 its members except as otherwise provided for by subdivision 12 
 but a smaller number may adjourn from time to time.  The chair 
 may order the consolidation of separate proceedings in the 
 interest of economy and expedience.  In those proceedings in 
 which the board is composed of five members, no order of the 
 board shall be final unless approved by three of the five 
 members, and in all other proceedings unless approved by two of 
 the three members. 

    Subd. 6.  Repealed, 1969 c 1139 s 87 subd 2 

    Subd. 6a.    Per diem; expenses.  Each member of the 
 municipal board shall receive $50 per day when in attendance at 
 board meetings or hearings, or when otherwise engaged in the 
 performance of duties.  The county commissioners shall be paid 
 $25 per day for each hearing or meeting attended.  The county 
 auditors and commissioners shall be deemed to be performing 
 duties for the county without additional compensation when 
 serving as ex officio members of the board.  Each member of the 
 board and the county commission members of the board shall be 
 reimbursed for actual expenses incurred in accordance with state 
 travel regulations. 

    Subd. 7.  Repealed, 1969 c 1139 s 88 subd 2 

    Subd. 7a.    Executive director.  The Minnesota 
 municipal board shall appoint an executive director, not a 
 member of the board, who shall be qualified as a result of 
 practical, professional, or educational experience and receive a 
 salary fixed by law.  The director shall devote full time to the 
 duties of office.  All correspondence and petitions shall be 
 addressed to the executive director who is charged with 
 conducting the administrative affairs of the board. 

    Subd. 8.    Planning, consultants, hearing formalities.  
 The board shall have authority to contract with regional, state, 
 county, or local planning commissions or to hire expert 
 consultants to provide specialized information and assistance.  
 Any member of the board conducting or participating in any 
 hearing, or its executive director, shall have the power to 
 administer oaths and affirmations, to issue subpoenas, to compel 
 the attendance and testimony of witnesses, and the production of 
 papers, books, and documents. 

    Subd. 9.  Repealed, 1969 c 1146 s 20 

    Subd. 10.    Rules.  In order to carry out the duties 
 and powers imposed upon the board, it shall have the power to 
 make such rules, as are reasonably necessary, in accordance with 
 the procedure prescribed in the general laws relating to 
 departments and agencies of the state. 

    Subd. 11.    Fees.  The board may prescribe a schedule 
 of filing fees for any petitions, resolutions or ordinances 
 filed pursuant to this chapter by an appropriate rule 
 promulgated in accordance with the procedure prescribed in the 
 general laws relating to departments and agencies of the state 
 for the issuance of administrative rules. 

    Subd. 12.    Transcripts, evidence reports.  In 
 proceedings pursuant to this chapter, the executive director or 
 any board member may administer oaths and affirmations to 
 witnesses, examine witnesses, and receive and report evidence.  
 In any proceeding in which the evidence is received by one board 
 member or by the executive director, the board member or 
 executive director shall make a report of the evidence to the 
 board.  When all members of the board do not attend a hearing in 
 a proceeding, any party may request the executive director to 
 cause a transcript of the hearing to be made and distributed to 
 all board members.  Any party requesting a copy of the 
 transcript for board members is responsible for its costs. 

    Subd. 13.  Repealed, 1969 c 1146 s 20 

    Subd. 14.    Population of changed territory.  When a 
 board order or approval letter enlarges or diminishes the area 
 of an existing municipality or town, the board shall communicate 
 its order or approval letter to the municipality and the state 
 demographer.  The municipality shall prepare an estimate of 
 population and of the number of households for the annexed or 
 detached area of the municipality or town.  The estimate shall 
 be certified by the state demographer.  The estimate must 
 estimate the population as of the effective date of the board 
 order or approval letter and must be so dated.  When a new 
 municipality is created by an order of the board, the 
 municipality shall request a separation census from the United 
 States bureau of the census and bear any costs incurred.  

    Subd. 15.    Increased costs, levy period.  When a board 
 order enlarges an existing municipality or creates a new 
 municipality, the board may indicate in its order the estimated 
 increased costs to the municipality as the result of the 
 boundary adjustment, and the time period that the municipality 
 would be allowed a levy for these increased costs. 

    Subd. 16.    Compelled meetings; report.  In any 
 proceeding before the board, the board may at any time in the 
 process require representatives from the involved city, town, 
 county, political subdivision, or other governmental entity to 
 meet together to discuss resolution of issues raised by said 
 petition or order which confers jurisdiction on the board and 
 other issues of mutual concern.  The board may require that the 
 parties meet at least three times during a 60-day period.  The 
 parties shall designate a person to report to the board on the 
 results of the meetings immediately after the last meeting. 

    Subd. 17.    Data from state agencies.  The board may 
 request information from any state department or agency in order 
 to assist it to carry out its duties.  The department or agency 
 shall promptly furnish the requested information to the board. 

    HIST: 1959 c 686 s 1; 1961 c 645 s 1; 1963 c 807 s 1-5; 1965 c 
 45 s 58; 1965 c 899 s 1-5; 1965 c 901 s 22; 1969 c 1139 s 87 
 subd 1,88 subd 1; 1969 c 1146 s 1-6; 1973 c 123 art 5 s 7; 1973 
 c 621 s 1; 1973 c 650 art 4 s 18; 1975 c 271 s 6; 1976 c 134 s 
 70-72; 1977 c 57 s 1; 1978 c 705 s 1-8; 1980 c 487 s 22; 1981 c 
 268 s 1; 1983 c 305 s 24; 1985 c 79 s 1; 1985 c 248 s 70; 1986 c 
 444; 1987 c 384 art 2 s 1; 1Sp1989 c 1 art 5 s 29; 1994 c 511 s 
 1,2; 1996 c 303 s 1-7; 1997 c 87 s 3