2004 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 
 director a resolution of the municipality to which the land is 
 attached or by submitting to the director 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 director shall 
 designate a time and place for a hearing in accordance with 
 section 414.09. 

    Subd. 3.    Order.  Upon completion of the hearing, the 
 director may order the detachment on finding 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 director may deny the 
 detachment on finding that the remainder of the municipality 
 cannot continue to carry on the functions of government without 
 undue hardship.  The director may 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 director 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 of detachment.  The 
 detachment shall be effective upon the issuance of the order, or 
 at such later date, as provided by the order. 

    Subd. 5.    Copy to county auditors.  A copy of the 
 detachment order must be delivered immediately by the director 
 to the appropriate county auditors. 

    Subd. 6.    Timing of tax levy.  For the purposes of 
 taxation, if the detachment becomes effective on or before 
 August 1 of a levy year, the 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 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; 2002 c 223 s 18