2001 Minnesota Statutes

     414.031 Annexation of unincorporated property by board 
  order. 

    Subdivision 1.    Initiating the proceeding.  A 
 proceeding for the annexation of unincorporated property 
 abutting a municipality may be initiated by submitting to the 
 executive director and the affected township one of the 
 following: 

    (a) A resolution of the annexing municipality; 

    (b) A resolution of the township containing the area 
 proposed for annexation; 

    (c) A petition of 20 percent of the property owners or 100 
 property owners, whichever is less, in the area to be annexed; 

    (d) A resolution of the municipal council together with a 
 resolution of the township board stating their desire to have 
 the entire township annexed to the municipality. 

    The petition, or resolution shall set forth the boundaries 
 of the territory proposed for annexation, the names of all 
 parties entitled to notice under section 414.09, and the reasons 
 for requesting annexation.  If the proceeding is initiated by a 
 petition of property owners, the petition shall be accompanied 
 by a resolution of the annexing municipality supporting the 
 petition. 

    Subd. 2.  Repealed, 1973 c 621 s 9 

    Subd. 3.    Hearing time, place.  Upon receipt of a 
 petition or resolution initiating an annexation the executive 
 director shall designate a time and a place for a hearing in 
 accordance with section 414.09. 

    Subd. 4.    Board factors, order.  In arriving at its 
 decision, the board shall consider the following factors: 

    (a) Present population and number of households, past 
 population and projected population growth of the subject area 
 and adjacent units of local government; 

    (b) Quantity of land within the subject area and adjacent 
 units of local government; and natural terrain including 
 recognizable physical features, general topography, major 
 watersheds, soil conditions and such natural features as rivers, 
 lakes and major bluffs; 

    (c) Degree of contiguity of the boundaries between the 
 annexing municipality and the subject area; 

    (d) Present pattern of physical development, planning, and 
 intended land uses in the subject area and the annexing 
 municipality including residential, industrial, commercial, 
 agricultural and institutional land uses and the impact of the 
 proposed action on those land uses; 

    (e) The present transportation network and potential 
 transportation issues, including proposed highway development; 

    (f) Land use controls and planning presently being utilized 
 in the annexing municipality and the subject area, including 
 comprehensive plans for development in the area and plans and 
 policies of the metropolitan council, and whether there are 
 inconsistencies between proposed development and existing land 
 use controls and the reasons therefore; 

    (g) Existing levels of governmental services being provided 
 in the annexing municipality and the subject area, including 
 water and sewer service, fire rating and protection, law 
 enforcement, street improvements and maintenance, administrative 
 services, and recreational facilities and the impact of the 
 proposed action on the delivery of said services; 

    (h) Existing or potential environmental problems and 
 whether the proposed action is likely to improve or resolve 
 these problems; 

    (i) Plans and programs by the annexing municipality for 
 providing needed governmental services to the subject area; 

    (j) An analysis of the fiscal impact on the annexing 
 municipality, the subject area, and adjacent units of local 
 government, including net tax capacity and the present bonded 
 indebtedness, and the local tax rates of the county, school 
 district, and township; 

    (k) Relationship and effect of the proposed action on 
 affected and adjacent school districts and communities; 

    (l) Adequacy of town government to deliver services to the 
 subject area; 

    (m) Analysis of whether necessary governmental services can 
 best be provided through the proposed action or another type of 
 boundary adjustment; and 

    (n) If only a part of a township is annexed, the ability of 
 the remainder of the township to continue or the feasibility of 
 it being incorporated separately or being annexed to another 
 municipality. 

    Based upon the factors, the board may order the annexation 
 (a) if it finds that the subject area is now, or is about to 
 become, urban or suburban in character, or (b) if it finds that 
 municipal government in the area proposed for annexation is 
 required to protect the public health, safety, and welfare, or 
 (c) if it finds that the annexation would be in the best 
 interest of the subject area.  If only a part of a township is 
 to be annexed, the board shall consider whether the remainder of 
 the township can continue to carry on the functions of 
 government without undue hardship.  The board shall deny the 
 annexation if it finds that the increase in revenues for the 
 annexing municipality bears no reasonable relation to the 
 monetary value of benefits conferred upon the annexed area.  The 
 board may deny the annexation (a) if it appears that annexation 
 of all or a part of the property to an adjacent municipality 
 would better serve the interests of the residents of the 
 property or (b) if the remainder of the township would suffer 
 undue hardship. 

    The board may alter the boundaries of the area to be 
 annexed by increasing or decreasing the area so as to include 
 only that property which is now or is about to become urban or 
 suburban in character or to add property of such character 
 abutting the area proposed for annexation in order to preserve 
 or improve the symmetry of the area, or to exclude property that 
 may better be served by another unit of government.  The board 
 may also alter the boundaries of the proposed annexation so as 
 to follow visible, clearly recognizable physical features.  If 
 the board determines that part of the area would be better 
 served by another municipality or township, the board may 
 initiate and approve annexation on its own motion by conducting 
 further hearings and issuing orders pursuant to subdivisions 3 
 and 4.  In all cases, the board shall set forth the factors 
 which are the basis for the decision. 

    Subd. 4a.    Proceedings initiated by joint resolution.  
 If the proceeding has been initiated under subdivision 1, clause 
 (d), any annexation order shall include a provision for the 
 election of new municipal officers in accordance with section 
 414.09.  The expanded municipality shall be governed by the home 
 rule charter or statutory form which governs the annexing 
 municipality, except that any ward system for the election of 
 council members shall be inoperable.  The ordinances of both the 
 annexing municipality and the township shall continue in effect 
 within the former boundaries until repealed by the governing 
 body of the new municipality. 

    Notwithstanding any other provision of law to the contrary 
 the board may provide for election of council members by wards, 
 not less than three nor more than seven in number, whose limits 
 are prescribed in the board order, upon a finding that area 
 representation is required to accord proper representation in 
 the municipality because of uneven population density in 
 different parts thereof or the existence of agricultural lands 
 therein which are in the path of suburban development; but after 
 four years from the effective date of an annexation the council 
 of the municipality may by resolution adopted by a four-fifths 
 vote abolish the ward system and provide for the election of all 
 council members at large. 

    Until the effective date of the annexation order, the town 
 board and other officers of the town shall continue to exercise 
 their powers and duties under the town laws in that portion of 
 the municipality that was formerly the town, and the council and 
 other officers of the annexing municipality shall continue to 
 exercise their powers and duties in that portion of the expanded 
 municipality that was formerly the municipality.  Thereafter the 
 town board and the council of the annexing municipality shall 
 have no jurisdiction within the municipality, and the new 
 municipal council and other new officers shall act in respect to 
 any matters previously undertaken by the town board of 
 supervisors or municipal council within the limits of the 
 expanded municipality, including the making of any improvement 
 and the levying of any special assessments therefor in the same 
 manner and to the same effect as if such improvement had been 
 undertaken by the municipality. 

    The new municipal council may continue or discontinue any 
 board that may have previously existed in the town or former 
 municipality. 

    Subd. 5. Repealed, 1992 c 556 s 12 

    Subd. 6.    Effective date.  The annexation shall be 
 effective as of the date fixed in the annexation order or on 
 such later date as is fixed in the annexation 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 may levy on the 
 annexed area beginning with that same levy year.  If the 
 annexation becomes effective after August 1 of a levy year, the 
 town may continue to levy on the annexed area for that levy 
 year, and the municipality may not levy on the annexed area 
 until the following levy year. 

    HIST: 1969 c 1146 s 10; 1973 c 123 art 5 s 7; 1973 c 621 s 11; 
 1975 c 271 s 6; 1978 c 705 s 13; 1986 c 444; 1988 c 719 art 5 s 
 84; 1989 c 329 art 13 s 20; 1Sp1989 c 1 art 2 s 11; 1991 c 291 
 art 12 s 22; 1996 c 303 s 9