2001 Minnesota Statutes

     414.09 Uniform procedures of board. 

    Subdivision 1.    Hearings.  Proceedings initiated by 
 the submission of an initiating document or by the board of its 
 own motion shall come on for hearing within 30 to 60 days from 
 receipt of the document by the board or from the date of board 
 action and the board must submit its order no later than one 
 year from the date of the day of the first hearing.  In any 
 proceeding before the board and upon the request of any party, 
 the board shall meet physically rather than by means of 
 electronic media.  The place of the hearing shall be in the 
 county where a majority of the affected territory is situated, 
 and shall be established for the convenience of the parties.  
 The executive director shall mail notice of the hearing to the 
 following parties:  the township or municipality presently 
 governing the affected territory; any township or municipality 
 abutting the affected territory; the county where the affected 
 territory is situated; and each planning agency which has 
 jurisdiction over the affected area.  The executive director 
 shall cause notice of the hearing to be published for two 
 successive weeks in a legal newspaper of general circulation in 
 the affected area.  When the board exercises its authority to 
 change the boundaries of the affected area so as to increase the 
 quantity of the land, the hearing shall be recessed and 
 reconvened upon two weeks' published notice in a legal newspaper 
 of general circulation in the affected area. 

    Subd. 2.    Transmittal of board's order.  The executive 
 director shall cause copies of the board's order to be mailed to 
 all parties entitled to mailed notice of hearing under 
 subdivision 1, the secretary of state, the department of 
 revenue, the state demographer, individual property owners if 
 initiated in that manner, affected county auditor, and any other 
 party of record.  The affected county auditor shall record the 
 order against the affected property. 

    Subd. 3.    Elections of municipal officers.  An order 
 approving an incorporation or consolidation pursuant to this 
 chapter shall set a date for this election of new municipal 
 officers not less than 45 days nor more than 60 days after the 
 issuance of such order.  The board shall appoint an acting clerk 
 for election purposes, at least three election judges who shall 
 be residents of the new municipality, and shall designate 
 polling places within the new municipality. 

    The acting clerk shall prepare the official election 
 ballot.  Affidavits of candidacy may be filed by any person 
 eligible to hold municipal office not more than four weeks nor 
 less than two weeks before the date designated by the board for 
 the election.  

    The election shall be conducted in conformity with the 
 charter and the laws for conducting municipal elections insofar 
 as applicable.  Any person eligible to vote at a township or 
 municipal election within the area of the new municipality, is 
 eligible to vote at such election. 

    Any excess in the expense of conducting the election over 
 receipts from filing fees shall be a charge against the new 
 municipality; any excess of receipts shall be deposited in the 
 treasury of the new municipality. 

    HIST: 1969 c 1146 s 19; 1973 c 123 art 5 s 7; 1975 c 271 s 6; 
 1976 c 44 s 31; 1978 c 705 s 32; 1984 c 543 s 48; 1994 c 511 s 
 11,12