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Until
June, 1999, the Municipal Board had primary jurisdiction over
most annexations. However, since that date jurisdiction has
been transferred to the Minnesota State Office of Planning. |
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How
Initiated ? |
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General
annexation of township property abutting a city may be
considered by the State Office of Planning only if brought by:
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| (a) |
a
resolution of the City |
| (b) |
a
resolution of the Township |
| (c) |
a
petition by 20% of the property owners, or 100 of them
whichever is less; |
| (d) |
a
resolution of the State Planning Office AND the Town
Board stating that the entire Township should be annexed |
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Upon
receipt of the petition the State Planning Office must hold a
hearing, and decide the matter based on 14 specific statutory
factors. Minn.
Statute 414.031 |
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Orderly
Annexation |
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A
City and a Town may designate an orderly annexation area. If
this is done, annexation may be ordered by the State Planning
Office after a hearing. Either party or the Office of Planning
may initiate the hearing. |
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The
City and Township by joint resolution may designate an area
for annexation and the Office must order it without hearing or
decision. Minn.
Statute 414.0325 |
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There
are three methods of annexation by ordinance. Minn.
Statute 414.033 |
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First
Method |
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Only
possible in four circumstances |
| (a) |
The
land is owned by the City |
| (b) |
The
land is completely surrounded by the City |
| (c) |
The
land is 60 acres or less and abuts the City,
needs sewer, and ALL the property owners
petition for annexation; or, |
| (d) |
The
land is platted into half acre lots and lies
within two miles of the city limits. |
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The
City must give the Township 30 days written notice
of the proposed ordinance. |
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Second
Method |
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If
land is 40 acres or less, and is bordered 60% or more by
the city, the City can serve 90 days notice on the
Township regarding annexation by ordinance. If the
Township does not object the City can annex. If the
Township objects to the State Planning Office, the
Office must hold hearings and issue an order |
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Third
method |
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(Petition
- applies to less than 200 acres or all platted property
abutting a City) |
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A
majority of the owners may petition the State Planning
Office to be annexed to a city. The Planning Office
gives a 90 day notice. Unless there are no objections
and all the property owners join in the petition, the
Office must hold hearings. Otherwise, the City can annex
by ordinance. Minn
Statute 414.033 |
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Pollution
Control Agency |
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The
Pollution Control Agency has the authority in certain
circumstances to order a City to provide sewer service to
portions of a Township, and give the City and Township 90 days
to negotiate a contract. During the 90 days, the City can
decide to annex the area unilaterally by ordinance. The State
Planning Office can comment, but it MUST approve the
annexation and there is little ground for appeal. Minn.
Statute 414.0335 |
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