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18 <br />Annexation <br />Not technically a “planning and zoning” issue, annexation is nonetheless an important factor <br />for communities managing growth and development. Annexation is a discretionary decision <br />on the part of the City. While the interests of the Township government and subject property <br />owners can affect the process, a City can not be forced by either to accept an annexation (the <br />State theoretically could, but this would be extremely unusual). <br />For cities in the Metro area counties of Hennepin, Ramsey, Anoka, and Washington, <br />annexations are extremely rare – particularly because there is very little unincorporated land, <br />and the annexation request would imply a “detachment” of the subject land from the adjoining <br />city. Cases of concurrent detachment and annexation almost always will require the <br />willingness of both cities to participate. Otherwise, there would have to be an extremely <br />unusual set of compelling circumstances present before the State would impose this type of <br />remedy on an unwilling city. <br />In Carver, Scott, and Dakota counties, where there are still several township governments, <br />annexation requests by growing incorporated cities are not uncommon. <br />The State of Minnesota sets out annexation rules in Chapter 414 of the State Statutes. There <br />are essentially three types of annexation: <br />1.Orderly Annexation <br />2.Annexation by Ordinance <br />3.Contested Case Annexations <br />With Orderly Annexation, the City and Township work together to establish a set of conditions <br />under which annexations can occur. These conditions usually include rules about contiguity <br />and the ability to serve the site with public utilities. Other common conditions include specific <br />geographic areas that are eligible or off-limits, and whether the City will provide a fee to the <br />Township to mitigate the Township’s loss of tax base. <br />Orderly Annexations can occur one at a time, with an agreement reached between City and <br />Township as each property comes up, or, more comprehensively – subject to a larger Orderly <br />Annexation plan. In either case, the City and Township will create an agreement and a joint <br />resolution effecting the annexation. The resolution is forwarded to the State of Minnesota <br />Department of Administration’s Office of Municipal Boundary Adjustments for certification. <br />The second type, Annexation by Ordinance, is an annexation decision between the City and <br />the property owner. There are a few specific conditions to Annexation by Ordinance, in which <br />case no direct Township involvement occurs. These conditions include: <br />a.The subject parcel is no more than 120 acres in size;* <br />b.100% of the property owners of the parcel(s) in question petition for the <br />annexation; and <br />c.The subject parcel is contiguous to the current City limits. <br />*There are now some additional limitations affecting “serial” annexations.