reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 365 - 368 — Towns › Chapter 367 — Town Officers; Optional Plans › Section 367.35 — Town Administrator.

367.35 TOWN ADMINISTRATOR.
Subdivision 1.
Appointment; removal.
As soon as practicable after adoption of option C in a town, the town board shall appoint an administrator upon the terms it deems advisable. The administrator shall be chosen solely on the basis of training, experience, and administrative qualifications and need not be a resident of the town. The town clerk may be designated the administrator if the clerk meets these qualifications. The administrator shall be appointed for an indefinite period and may be removed by the board at any time, but after having served as administrator for one year the administrator may demand written charges and a public hearing on the charges before the board before final removal takes effect. Pending a hearing and removal, the board may suspend the administrator from office, with or without pay. The board may appoint a qualified person to perform the duties of the administrator during absence or disability.
Subd. 2.
Powers and duties.
(a) The town administrator shall be the administrative head of the town and be responsible for the administration and supervision of the affairs of the town as assigned.
(b) The administrator shall, with the approval of the town board, coordinate the various activities of the town.
(c) The administrator shall exercise the authority and responsibilities assigned by the town board by ordinance or resolution which may include the following duties:
(1) to provide for the execution of all ordinances, resolutions, and orders of the board and all laws of the state required to be enforced through the town board, by the administrator or by officers under the administrator's direction and supervision;
(2) to recommend to the town board the appointment, suspension, and removal of all town personnel whose appointment, suspension, or removal is a function of the town board by law;
(3) to provide for town purchases in accordance with statutory procedures;
(4) to prepare and submit to the town board a proposed annual budget, including detailed estimates of revenue and expenditures, and enforce the budget as adopted by the board;
(5) to attend all meetings of the board and recommend measures for adoption as the administrator deems advisable or expedient;
(6) to advise the board as to the financial condition and needs of the town;
(7) to perform other assigned ministerial, nondiscretionary duties.
Subd. 3.
Abolishing office of administrator.
If option C is abandoned, the town board shall, as soon as practicable, abolish the office. Duties and responsibilities assigned to the administrator shall be assumed by the town board or by the officer having responsibility for the function prior to the appointment of the administrator.
History:
1975 c 274 s 6; 1986 c 444; 1990 c 401 art 1 s 1
2023 Minnesota Statutes › Chapters 365 - 368 — Towns › Chapter 367 — Town Officers; Optional Plans › Section 367.36 — Clerk, Treasurer Combined; Audit Standards.

367.36 CLERK, TREASURER COMBINED; AUDIT STANDARDS.
Subdivision 1.
Transition; audit.
(a) In a town in which option D is adopted, the incumbent treasurer shall continue in office until the expiration of the term. Thereafter, or at any time a vacancy other than a temporary vacancy under section 367.03 occurs in the position, the duties of the treasurer prescribed by law shall be performed by the clerk who shall be referred to as the clerk-treasurer. If option D is adopted at an election in which the treasurer is also elected, the election of the treasurer's position is void.
(b) If the offices of clerk and treasurer are combined and the town's annual revenue is more than the amount in paragraph (c), the town board shall provide for an annual audit of the town's financial affairs by the state auditor or a public accountant in accordance with minimum audit procedures prescribed by the state auditor. If the offices of clerk and treasurer are combined and the town's annual revenue is the amount in paragraph (c) or less, the town board shall provide for an audit of the town's financial affairs by the state auditor or a public accountant in accordance with minimum audit procedures prescribed by the state auditor at least once every five years, which audit shall be for a one-year period to be determined at random by the person conducting the audit. Upon completion of an audit by a public accountant, the public accountant shall forward a copy of the audit to the state auditor. For purposes of this subdivision, "public accountant" means a certified public accountant or a certified public accounting firm licensed in accordance with chapter 326A.
(c) For the purposes of paragraph (b), the amount in 2004 is $150,000, and in 2005 and after, $150,000 adjusted for inflation using the annual implicit price deflator for state and local expenditures as published by the United States Department of Commerce.
Subd. 2.
Abandonment.
If option D is abandoned, the office of treasurer that would be filled at that election shall be filled conditionally at that election, and the ballot shall indicate that the candidate shall assume office only if the option is abandoned as a result of the election.
History:
1975 c 274 s 7; 1986 c 444; 1990 c 401 art 1 s 1; 1992 c 592 s 6; 1994 c 546 s 1; 1995 c 27 s 1; 1995 c 186 s 119; 2001 c 109 art 2 s 6; 2003 c 60 s 5; 2004 c 281 s 1; 2010 c 191 s 6
2023 Minnesota Statutes › Chapters 365 - 368 — Towns › Chapter 367 — Town Officers; Optional Plans › Section 367.40 — Definitions.

367.40 DEFINITIONS.
Subdivision 1.
Application.
For purposes of this chapter, the following terms shall have the meanings given them.
Subd. 2.
Peace officer.
"Peace officer" has the meaning assigned in section 626.84.
Subd. 3.
[Repealed, 2005 c 10 art 2 s 5]
Subd. 4.
[Repealed, 2005 c 10 art 2 s 5]
Subd. 5.
Part-time peace officer.
"Part-time peace officer" has the meaning assigned to it in section 626.84.
History:
1978 c 681 s 3; 1982 c 595 s 8,9; 1986 c 444; 1988 c 563 s 1,2; 1990 c 401 art 1 s 1
2023 Minnesota Statutes › Chapters 365 - 368 — Towns › Chapter 367 — Town Officers; Optional Plans › Section 367.401 — Law Enforcement Officers; Appointment.

367.401 LAW ENFORCEMENT OFFICERS; APPOINTMENT.
Subdivision 1.
Appointment.
The town, by majority vote at its annual meeting, may decide to authorize the town board to form a law enforcement agency and appoint law enforcement officers. The positions may be filled by a combination of peace officers or part-time peace officers. The number of part-time peace officers must not exceed three.
Subd. 2.
Chief law enforcement officer.
The board of supervisors shall designate one of its law enforcement officers as the chief law enforcement officer of the agency.
Subd. 3.
Reserve officers.
A town may appoint reserve officers as defined by section 626.84.
Subd. 4.
[Repealed, 2005 c 10 art 2 s 5]
History:
1988 c 563 s 3; 1990 c 401 art 1 s 1
2023 Minnesota Statutes › Chapters 365 - 368 — Towns › Chapter 368 — Towns; Special Provisions › Section 368.015 — Towns; Census.

368.015 TOWNS; CENSUS.
A town board may by resolution, in any year, request the United States Bureau of the Census to take a special census of the town to qualify to exercise the powers contained in section 368.01 as provided by section 368.01, subdivision 1a. The town shall bear the cost of the census.
History:
1984 c 562 s 44; 1985 c 65 s 3; 1990 c 401 art 2 s 1
2023 Minnesota Statutes › Chapters 365 - 368 — Towns › Chapter 368 — Towns; Special Provisions › Section 368.47 — Towns May Be Dissolved.

368.47 TOWNS MAY BE DISSOLVED.
(1) When the voters residing within a town have failed to elect any town officials for more than ten years continuously;
(2) when a town has failed for a period of ten years to exercise any of the powers and functions of a town;
(3) when the estimated market value of a town drops to less than $165,000;
(4) when the tax delinquency of a town, exclusive of taxes that are delinquent or unpaid because they are contested in proceedings for the enforcement of taxes, amounts to 12 percent of its market value; or
(5) when the state or federal government has acquired title to 50 percent of the real estate of a town,
which facts, or any of them, may be found and determined by the resolution of the county board of the county in which the town is located, according to the official records in the office of the county auditor, the county board by resolution may declare the town, naming it, dissolved and no longer entitled to exercise any of the powers or functions of a town.
In Cass, Itasca, and St. Louis Counties, before the dissolution is effective the voters of the town shall express their approval or disapproval. The town clerk shall, upon a petition signed by a majority of the registered voters of the town, filed with the clerk at least 60 days before a regular or special town election, give notice at the same time and in the same manner of the election that the question of dissolution of the town will be submitted for determination at the election. At the election the question shall be voted upon by a separate ballot. The form of the question under this chapter shall be substantially in the following form: "Shall the town of ... be dissolved?" The ballot shall be deposited in a separate ballot box and the result of the voting canvassed, certified, and returned in the same manner and at the same time as other facts and returns of the election. If a majority of the votes cast at the election are for dissolution, the town shall be dissolved. If a majority of the votes cast at the election are against dissolution, the town shall not be dissolved.
When a town is dissolved under sections 368.47 to 368.49 the county shall acquire title to any telephone company or other business conducted by the town. The business shall be operated by the board of county commissioners until it can be sold. The subscribers or patrons of the business shall have the first opportunity of purchase. If the town has any outstanding indebtedness chargeable to the business, the county auditor shall levy a tax against the property situated in the dissolved town to pay the indebtedness as it becomes due.
History:
(1002-1) 1925 c 40 s 1; 1933 c 377; 1935 c 342 s 1; 1937 c 419 s 1; 1986 c 444; 1987 c 147 s 2; 1988 c 719 art 5 s 84; 1989 c 329 art 13 s 20; 1990 c 401 art 2 s 1; 1990 c 480 art 9 s 11; 2013 c 143 art 14 s 48; 2014 c 264 s 26
2023 Minnesota Statutes › Chapters 365 - 368 — Towns › Chapter 368 — Towns; Special Provisions › Section 368.48 — Copy Of Resolution For Secretary Of State.

368.48 COPY OF RESOLUTION FOR SECRETARY OF STATE.
A certified copy of the resolution shall forthwith, after its adoption by the county board, be forwarded by the county auditor to the secretary of state, who shall on receipt make an appropriate record of the dissolution of the town.
History:
(1002-2) 1925 c 40 s 2; 1986 c 444; 1990 c 401 art 2 s 1
2023 Minnesota Statutes › Chapters 365 - 368 — Towns › Chapter 368 — Towns; Special Provisions › Section 368.49 — Town Funds With County Go To Town Road And Bridge Expense.

368.49 TOWN FUNDS WITH COUNTY GO TO TOWN ROAD AND BRIDGE EXPENSE.
Subdivision 1.
Otherwise to general fund.
Any town funds in, or coming into, the treasury of the county, shall be disposed of as follows:
Road or bridge funds shall be expended by the county for road and bridge improvements wholly within the limits of the town and any other funds shall be credited to the county general fund.
Subd. 2.
Unencumbered debt retirement.
If a dissolved town has unexpended money in its bond and interest funds and there are no bonds or indebtedness outstanding, the money shall be spent for road and bridge improvements or other legal expenditures within the town.
History:
(1002-3) 1925 c 40 s 3; 1949 c 326 s 1; 1990 c 401 art 2 s 1
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 370 — Counties; Change Of Boundaries › Section 370.01 — Change Of Boundaries; Creation Of New Counties.

370.01 CHANGE OF BOUNDARIES; CREATION OF NEW COUNTIES.
The boundaries of counties may be changed by taking territory from a county and attaching it to an adjoining county, and new counties may be established out of territory of one or more existing counties. A new county shall contain at least 400 square miles and have at least 4,000 inhabitants. A proposed new county must have a total estimated market value of at least 35 percent of (i) the total estimated market value of the existing county, or (ii) the average total estimated market value of the existing counties, included in the proposition. The determination of the estimated market value of a county must be made by the commissioner of revenue. An existing county shall not be reduced in area below 400 square miles, have less than 4,000 inhabitants, or have a total estimated market value of less than that required of a new county.
No change in the boundaries of any county having an area of more than 2,500 square miles, whether by the creation of a new county, or otherwise, shall detach from the existing county any territory within 12 miles of the county seat.
History:
(602) RL s 380; 1913 c 337 s 1; 1917 c 359; 1919 c 458; 1985 c 109 s 1; 1988 c 719 art 5 s 84; 1989 c 329 art 13 s 20; 1990 c 480 art 9 s 12; 2001 c 198 s 1; 2013 c 143 art 14 s 49
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 370 — Counties; Change Of Boundaries › Section 370.02 — Petition.

370.02 PETITION.
A separate petition for each affected county signed by at least one-fourth of those voting in the county at the last preceding election, giving the residence of each signer, may be filed with the secretary of state, and a copy with the auditor of each county, at least 90 days before any general election, requesting a change of county boundaries, or that a new county is established out of territory taken from one or more existing counties. If the petition is for a change of boundaries, it must contain a description of the territory to be taken, the name of the county from which the territory is to be detached, and the county to which the territory is to be attached. If the petition is for the establishment of a new county, it must be signed by at least a number of registered voters equal to one-fourth of those voting in each portion of both the proposed new county and the remaining portion of the existing county in the last general election, state the name of the proposed new county, a description of the territory to be included, giving boundaries, the name and location of the proposed county seat for the new county and for the remainder of the existing county if not the current county seat, and the names and places of residence of the persons who shall constitute the first county board.
History:
(603) RL s 381; 1985 c 109 s 1; 2001 c 198 s 2
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 370 — Counties; Change Of Boundaries › Section 370.03 — Proclamation To Have Election; Only One Proposition.

370.03 PROCLAMATION TO HAVE ELECTION; ONLY ONE PROPOSITION.
The secretary of state must certify, on the basis of information supplied by the county auditor, that the signatures on the petition are registered voters of the affected county and that there is the requisite number of them. Once this determination has been made, the secretary of state shall notify the governor of the filing. The governor shall issue a proclamation, at least 60 days before the election, stating that the petitions have been filed, and the substance of the petitions, and directing that the question of change of boundaries, or the establishment of a new county and county seat as stated in the petition, as the case may be, be submitted to the voters of the affected counties at the election. No more than one proposition may be submitted at the same election, except for mutual exchange of territory between counties.
History:
(604) RL s 382; 1985 c 109 s 1; 2001 c 198 s 3
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 370 — Counties; Change Of Boundaries › Section 370.04 — Record Petition; Publish Notice.

370.04 RECORD PETITION; PUBLISH NOTICE.
Upon issuance of the proclamation, the secretary of state shall record the petitions, affidavits, and proclamation, and transmit a certified copy of the proclamation, by mail, to the auditor of each county.
History:
(605) RL s 383; 1984 c 543 s 32; 1985 c 109 s 1
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 370 — Counties; Change Of Boundaries › Section 370.05 — Notice Of Election; Form Of Ballot.

370.05 NOTICE OF ELECTION; FORM OF BALLOT.
The notice of the next general election of county officers must specify that the question of forming the new county, or changing the boundaries of existing counties, as the case may be, will be voted upon at the election, and must state substantially the facts in the petition. If the proposition is for a change of boundaries, the form of the question shall be substantially in the following form: "Shall the county boundaries be changed as described in the proclamation issued on (date)?" If the proposition is for the establishment of a new county, the form of the question shall be substantially in the following form: "Shall a new county be established as described in the proclamation issued on (date)?"
History:
(606) RL s 384; 1985 c 109 s 1; 1986 c 444; 2014 c 264 s 27
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 370 — Counties; Change Of Boundaries › Section 370.06 — Canvass; Judges Of Election; County Canvassing Board.

370.06 CANVASS; JUDGES OF ELECTION; COUNTY CANVASSING BOARD.
The election judges, in addition to the returns required in other cases, shall transmit to the secretary of state, by certified mail, their certificate of the number of votes cast for and against any proposition submitted within 24 hours after the canvass is completed. The county canvassing board shall make return of the vote as in the case of votes for state officers. The return must show the result of the vote for and against any proposition submitted, in the proposed new county, as well as in the entire county affected by the election.
History:
(607) RL s 385; 1913 c 422 s 1; 1978 c 674 s 60; 1985 c 109 s 1
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 370 — Counties; Change Of Boundaries › Section 370.07 — Duties After Election.

370.07 DUTIES AFTER ELECTION.
Subdivision 1.
State Canvassing Board.
The State Canvassing Board shall canvass the returns at the time of canvassing the votes cast for state officers, and in the same manner. The board may use the returns received from the election judges to correct errors and supply omissions in the returns of the county canvassing board. When the canvass is completed, the board shall file a certificate declaring the result of the vote with the secretary of state.
Subd. 2.
Governor.
If the certificate shows that the proposition has received a majority of the votes cast in each affected county if changing county boundaries, or has received a majority of the votes cast in the territory forming the proposed new county and a majority of the votes cast in the remaining portion of the existing county if the proposition was for the establishment of a new county, the governor shall issue a proclamation declaring that the proposition has been adopted within ten days after completion of the canvass.
Subd. 3.
Secretary of state.
The secretary of state shall record the certificate and proclamation, and transmit a certified copy of the proclamation to the auditor of each county whose territory is affected.
Subd. 4.
County auditors.
The auditor shall, if the proposition was for the establishment of a new county, serve a certified copy on each of the persons elected as county commissioners of the new county.
Subd. 5.
Publish proclamation with laws.
The proclamation shall also be published with the general laws enacted at the next session of the legislature.
History:
(608) RL s 386; 1913 c 422 s 2; 1984 c 543 s 33; 1985 c 109 s 1; 2001 c 198 s 4
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 370 — Counties; Change Of Boundaries › Section 370.08 — Effect Of Proclamation.

370.08 EFFECT OF PROCLAMATION.
Upon the issuance of the proclamation, the proposed change of boundaries becomes effective. If the proposition was for the establishment of a new county, it becomes duly organized. The territory of the new county shall remain attached, for judicial purposes, to the county from which it was taken, until the officers of the new county have been appointed and have qualified, as provided in section 370.09.
History:
(609) RL s 387; 1985 c 109 s 1
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 370 — Counties; Change Of Boundaries › Section 370.09 — Qualify Commissioners; Elect Clerk; Appoint Officers.

370.09 QUALIFY COMMISSIONERS; ELECT CLERK; APPOINT OFFICERS.
Immediately after the service upon them of copies of the governor's proclamation, the persons chosen as commissioners shall meet at the place named as the county seat and qualify. The county board shall elect one of its members to act as clerk until the auditor is qualified; and shall then appoint the county officers, beginning with the auditor, and the appointed persons shall qualify as required by law.
History:
(610) RL s 388; 1985 c 109 s 1
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 370 — Counties; Change Of Boundaries › Section 370.10 — Commissioner Vacancies Due To Boundary Changes.

370.10 COMMISSIONER VACANCIES DUE TO BOUNDARY CHANGES.
If a change in the boundaries of a county abolishes a commissioner district or districts in the county, by the removal of all the territory of the district or districts from the original county, or otherwise, or creates a vacancy or vacancies in the board of county commissioners of the original county, and the board of county commissioners is left with less than five members, with an even number of members, or with more than five members, to complete a board consisting of an odd number of members, or at least five members, a special election shall be held as provided by section 375.101, except that the person shall be elected at large within the changed boundaries of the original county.
History:
(611) 1907 c 5 s 1; 1985 c 109 s 1; 2001 c 198 s 5
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 370 — Counties; Change Of Boundaries › Section 370.12 — Duties Of Auditor; Meeting Of Board.

370.12 DUTIES OF AUDITOR; MEETING OF BOARD.
Immediately upon the election and qualification of the commissioner or commissioners at large the county auditor shall give written notice, delivered personally or by mail, to each commissioner in the county, of a meeting of the board. The meeting shall be held at least five, but not more than ten, days after notice is given. The meeting's business shall include any business which may have been required by law, or by previous proceedings, to be transacted by the county board at a meeting held after the change of boundaries became effective and before the vacancies created were filled, and which was not transacted, after the qualification of the commissioner or commissioners at large, and shall have the effect and validity as if accomplished at the prior meeting. Further proceedings required to follow the commissioners' action on these matters shall be taken within the times or on the dates provided by law, or within a reasonable time after giving notice as required by law.
History:
(613) 1907 c 5 s 3; 1985 c 109 s 1; 2001 c 198 s 6
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 370 — Counties; Change Of Boundaries › Section 370.13 — Redistricting Of County; Subsequent Election.

370.13 REDISTRICTING OF COUNTY; SUBSEQUENT ELECTION.
At least six months before the next general election in the county held after the election and qualification of the commissioner or commissioners at large, unless there is less time between the at-large election and qualification and the general election, in which event the action provided for shall be taken at the first meeting after the commissioners have qualified, the board shall proceed to redivide the county into five commissioner districts, numbered from 1 to 5, unless otherwise provided by law. At the next general election held in the county after the redistricting, a commissioner shall be elected from each district, the member from each odd-numbered district to hold a two-year term, and the member from each even-numbered district to hold a four-year term, and thereafter all commissioners, except those elected or appointed to fill vacancies for unexpired terms, shall be elected for four-year terms. If, the redistricting causes any new district to cover the same territory as any one of the old districts, the commissioner elected from the old district shall continue to act as commissioner from the new district for the remainder of the term for which elected. In case a contest, or other litigation, is pending involving the legality of the change of boundaries of the county, the redistricting shall not be made until after the contest, or other litigation, has been finally determined in favor of the change of boundaries. In this event, if the term of any commissioner at large expires before the county is redistricted, a successor shall be elected by the voters of the entire county for a term of four years, unless sooner ended, under this chapter, or otherwise.
History:
(614) 1907 c 5 s 4; 1985 c 109 s 1; 1986 c 444; 2001 c 198 s 7
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 370 — Counties; Change Of Boundaries › Section 370.14 — Boundaries Restored After Determination.

370.14 BOUNDARIES RESTORED AFTER DETERMINATION.
If the territory detached from the county by the change of boundaries is restored to it by the final determination of the courts as a result of a contest or other litigation concerning the change of boundaries of the county, after the appointment or election of the commissioner or commissioners at large, the term of office of each commissioner at large shall terminate immediately after the election or appointment and qualification of a commissioner for the district of the former commissioner whose place on the board is occupied by the commissioner at large. If the term for which the former commissioner was elected has not expired, the former commissioner shall, within 30 days after the final determination restoring the district to the county, qualify as required by law and hold office for the remainder of the term. Otherwise the vacancy shall be filled by appointment as in other cases.
History:
(615) 1907 c 5 s 5; 1985 c 109 s 1
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 370 — Counties; Change Of Boundaries › Section 370.15 — When Highway Centerline To Be City And County Boundary.

370.15 WHEN HIGHWAY CENTERLINE TO BE CITY AND COUNTY BOUNDARY.
Where a city of the fourth class in one county adjoins a city of the first class in another county, and the centerline of a highway running along the boundary line between these cities and counties deviates from the boundary line between these cities and counties, but the boundary line is within or on the lateral limits of the highway, then the centerline of the highway shall be established as the boundary line between the cities and the counties.
History:
(615-1) 1933 c 230; 1985 c 109 s 1
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 370 — Counties; Change Of Boundaries › Section 370.17 — Towns, School, And Road Districts.

370.17 TOWNS, SCHOOL, AND ROAD DISTRICTS.
Subdivision 1.
If unaffected by new county lines.
The towns, school districts, and road districts whose boundaries are unaffected by the change of county lines shall continue to be the same in the new county, or county to which transferred, under the same officers as before.
Subd. 2.
If divided by new county lines.
Fractions of towns or districts divided by the changed county lines shall be reorganized by the county board of the county in which they are placed, or be attached to adjoining towns or districts, as the board considers best.
History:
(616) RL s 389; 1985 c 109 s 1
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 370 — Counties; Change Of Boundaries › Section 370.18 — Records Transcribed.

370.18 RECORDS TRANSCRIBED.
All records in the office of the county recorder affecting real estate transferred under this chapter from one county to another shall be transcribed by the county recorder of the county to which the transfer is made. In the same manner, the county auditor shall transcribe from the auditor's office the records and documents that the county board directs. The board of commissioners of the county to which the records are transmitted shall pay the county recorder and the county auditor for transcribing the records. These transcribed records shall have the same effect, for all purposes, as the originals.
History:
(617) RL s 390; 1907 c 136 s 1; 1976 c 181 s 2; 1985 c 109 s 1
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 370 — Counties; Change Of Boundaries › Section 370.19 — Taxes; Levy; Collection.

370.19 TAXES; LEVY; COLLECTION.
No transfer of territory under this chapter shall affect the collection of taxes levied at the date of the filing of the petition. The taxes shall be collected by the officers of the original county, and all money remaining in or coming into the treasury of the original county, or into the possession of any county officer, and belonging to any town, school, or road district in the territory transferred, shall be apportioned and paid to the town or district in the same manner as if the town or district had remained a part of the original county. After the filing of the petition no county tax shall be extended, by or on behalf of the original county, upon any property within the territory proposed to be transferred, unless and until the proposed change has been rejected.
History:
(618) RL s 391; 1985 c 109 s 1
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 370 — Counties; Change Of Boundaries › Section 370.20 — New Counties; Tax Levy.

370.20 NEW COUNTIES; TAX LEVY.
When a new county has been, or may be, created and organized out of territory within the boundaries of one or more organized counties in the state, the county board of the new county may, immediately or within 90 days after its organization, levy a tax for county purposes for the current year, subject to the limitations now provided by law, and the county auditor shall extend the tax upon the auditor's tax books. The tax is due 30 days from the date of the levy and shall be paid and collected as other taxes for county purposes are now paid and collected. All tax levies made for county purposes by the county board of the county or counties out of which the new county is created and organized, during the year immediately preceding the organization of the new county, which affect the territory within the boundary of the new county, are vacated and any extension is void.
History:
(619) 1911 c 11 s 1; 1985 c 109 s 1
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 370 — Counties; Change Of Boundaries › Section 370.21 — Transfer Of Plats.

370.21 TRANSFER OF PLATS.
The county recorder of the county from which a land transfer is made under this chapter shall deliver the records, or certified copies, of the original plats of land in the territory transferred, to the county recorder of the county to which the territory is transferred. The county recorder of the county to which a land transfer is made shall then record and file the records.
History:
(620) RL s 392; 1976 c 181 s 2; 1985 c 109 s 1
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 370 — Counties; Change Of Boundaries › Section 370.22 — County Indebtedness; County Buildings.

370.22 COUNTY INDEBTEDNESS; COUNTY BUILDINGS.
All transferred territory is liable for its proportion of the excess indebtedness of the original county above the value of its county buildings and of the balance of funds in its treasury. The share shall be based upon the last assessment, and the value of the buildings, unless agreed upon by the respective county boards, shall be fixed by the sworn appraisal of three disinterested citizens, none of whom shall be a resident or taxpayer in either county, and who shall be appointed by the governor, upon the written application of the board of either county. The appraisal shall be in writing, subscribed and verified by at least two appraisers, and filed in the office of the secretary of state, and shall be final and conclusive. Within five days after the filing of the appraisal, the secretary of state shall transmit to the auditor of each of the counties a certified copy of the appraisal, application, appointment and oath.
History:
(621) RL s 393; 1985 c 109 s 1
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 370 — Counties; Change Of Boundaries › Section 370.23 — County Bonds; Payment And Issue.

370.23 COUNTY BONDS; PAYMENT AND ISSUE.
The county board of the county to which territory is transferred shall pay for indebtedness by levying a tax at the time fixed by law for so doing; and, for the purpose of meeting any portion of the indebtedness which may become due before it can be raised by taxation, and providing for the necessary county expenses, the board in any new county may issue bonds of its county, with coupons attached, for not more than $10,000, to run for a period of not more than ten years, at a rate of interest as authorized under section 475.55.
History:
(622) RL s 394; 1985 c 109 s 1
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 370 — Counties; Change Of Boundaries › Section 370.24 — Penalty For Refusal To Act.

370.24 PENALTY FOR REFUSAL TO ACT.
The validity of the establishment of any new county shall not be affected by the failure or refusal of any county officer to do any of the acts or things required by this chapter, but any officer who refuses or willfully neglects to perform any required duty is guilty of malfeasance in office.
History:
(623) RL s 395; 1985 c 109 s 1
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 371 — Consolidation Of Counties › Section 371.01 — Counties May Consolidate.

371.01 COUNTIES MAY CONSOLIDATE.
Two or more counties may be consolidated into a single county in the manner provided in this chapter.
History:
(637-1) 1933 c 273 s 1; 1985 c 109 s 2
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 371 — Consolidation Of Counties › Section 371.02 — Petition.

371.02 PETITION.
A petition for each affected county, signed by at least one-fourth of those voting in the county at the last preceding general election, giving the residence of each signer, shall be filed with the secretary of state at least 90 days before any general election, requesting the consolidation of the counties named, specifying the name of the proposed new county and the name and location of the proposed county seat.
History:
(637-2) 1933 c 273 s 2; 1985 c 109 s 2
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 371 — Consolidation Of Counties › Section 371.03 — Proclamation.

371.03 PROCLAMATION.
If each petition is signed by the requisite number of persons who are voters in each of the affected counties and, if the petition conforms to the requirements of section 371.02, the secretary of state shall notify the governor of the filing. The affidavits of persons obtaining the signatures shall be prima facie evidence that each petition is signed by persons who are voters in each of the affected counties. The governor shall issue a proclamation at least 60 days before the election, stating that the petitions have been filed, the substance of the petitions, and directing that the question of consolidation shall be submitted to the voters of the affected counties at the election.
History:
(637-3) 1933 c 273 s 3; 1985 c 109 s 2
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 371 — Consolidation Of Counties › Section 371.04 — Notice Of Proclamation.

371.04 NOTICE OF PROCLAMATION.
After the proclamation is issued, the secretary of state shall record the petitions, affidavits, and proclamation, and transmit a certified copy of the proclamation, by mail, to the auditor of each county.
History:
(637-4) 1933 c 273 s 4; 1984 c 543 s 34; 1985 c 109 s 2
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 371 — Consolidation Of Counties › Section 371.05 — Notice Of Election.

371.05 NOTICE OF ELECTION.
The notice of the general election must specify that the question of consolidating the counties will be voted upon at the election, and shall state substantially the facts in the petition. The ballots for the proposition shall include the words:
"Shall the following named counties (inserting the names) be consolidated into a single county?
Yes .
No . "
History:
(637-5) 1933 c 273 s 5; 1985 c 109 s 2
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 371 — Consolidation Of Counties › Section 371.06 — Judges; Canvass Of Votes.

371.06 JUDGES; CANVASS OF VOTES.
The election judges, in addition to the returns required in other cases, shall canvass, count, certify, and return, as in other cases, to the county auditor the votes cast upon the proposition. The county canvassing board shall canvass and make return of the votes as in the case of votes for state officers. The return must show the result of the vote for and against the proposition submitted.
History:
(637-6) 1933 c 273 s 6; 1985 c 109 s 2
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 371 — Consolidation Of Counties › Section 371.07 — State Canvassing Board To Canvass Returns.

371.07 STATE CANVASSING BOARD TO CANVASS RETURNS.
The State Canvassing Board shall canvass the returns at the time of canvassing the votes cast for state officers, and in the same manner. When the canvass is completed the board shall file a certificate declaring the result of the vote with the secretary of state, showing the number of votes cast in each county for and against consolidation. If 60 percent of the votes cast in each affected county is for the consolidation, the secretary of state shall record the certificate and shall deliver a certified copy to the governor, who shall issue a proclamation declaring the result. After the proclamation is issued by the governor, the consolidation is effective January 1 following the general election.
History:
(637-7) 1933 c 273 s 7; 1973 c 35 s 66; 1985 c 109 s 2
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 371 — Consolidation Of Counties › Section 371.08 — Governor To Appoint First County Board.

371.08 GOVERNOR TO APPOINT FIRST COUNTY BOARD.
The governor shall appoint five qualified electors residing within the consolidated county to constitute the first board of county commissioners for the new county, within 60 days after issuing the proclamation, who shall qualify as provided by law. The officers of each affected county shall continue in office until the consolidation proceedings become effective, with all the powers and duties of their respective offices, except as provided in this chapter.
History:
(637-8) 1933 c 273 s 8; 1985 c 109 s 2
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 371 — Consolidation Of Counties › Section 371.09 — Meeting Of County Board.

371.09 MEETING OF COUNTY BOARD.
The board of county commissioners for the new county shall meet at the county seat at a time designated in the order of the governor appointing them and elect one of its number as chair. The auditor of the county in which the county seat is located shall act as the recording officer of the board until the consolidation proceedings become effective. At the meeting, or at any adjournment, the board shall divide the new county into commissioner districts by an order defining the boundaries of each district. The order shall be filed with the auditor of each county affected.
History:
(637-9) 1933 c 273 s 9; 1985 c 109 s 2; 1986 c 444
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 371 — Consolidation Of Counties › Section 371.10 — Duties Of County Board.

371.10 DUTIES OF COUNTY BOARD.
The board of county commissioners shall meet in July and shall levy a tax for the new county in the manner provided by law for levying taxes for county purposes. The chair shall certify to the auditor of each county affected the amount levied. The county boards of the respective counties to be consolidated shall not levy any tax for county purposes in this year.
History:
(637-10) 1933 c 273 s 10; 1985 c 109 s 2; 1986 c 444
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 371 — Consolidation Of Counties › Section 371.11 — County Auditors; Local Tax Rate.

371.11 COUNTY AUDITORS; LOCAL TAX RATE.
When the tax is levied, the county board shall set a time for a meeting of the auditors of the counties affected and shall certify the date to the county auditors when certifying the levy. The county auditors shall meet at the county seat and, set the local tax rate for the new county, based upon the aggregate net tax capacity of the consolidated counties, at that meeting or any adjournment. Each auditor shall extend the taxes within the county and deliver the appropriate books to the treasurer of the new county for collection on the first Monday in the following January, as provided by law. The officers of the new county shall have all the powers and duties for the collection of delinquent taxes levied by the consolidated counties previously possessed and performed by the officers of the respective counties before the consolidation became effective.
History:
(637-11) 1933 c 273 s 11; 1985 c 109 s 2; 1988 c 719 art 5 s 84; 1989 c 329 art 13 s 20; 1Sp1989 c 1 art 2 s 11
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 371 — Consolidation Of Counties › Section 371.12 — County Board To Appoint New Officers.

371.12 COUNTY BOARD TO APPOINT NEW OFFICERS.
The county board of the new county shall appoint electors residing within the new county to the county offices before the consolidation becomes effective. The new officers shall qualify on the date that the consolidation becomes effective, as provided by law. All the books, records, and files of the offices of the consolidated counties shall be delivered to the appropriate officers of the new county.
History:
(637-12) 1933 c 273 s 12; 1985 c 109 s 2
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 371 — Consolidation Of Counties › Section 371.13 — County Board To Provide Courthouse.

371.13 COUNTY BOARD TO PROVIDE COURTHOUSE.
The county board of the new county shall make arrangements for suitable offices for the county officers before the consolidation becomes effective. If the county is not going to succeed to any building or buildings appropriate for this purpose, the board may lease suitable space or buildings.
History:
(637-13) 1933 c 273 s 13; 1985 c 109 s 2
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 371 — Consolidation Of Counties › Section 371.14 — New County; Indebtedness; Contracts.

371.14 NEW COUNTY; INDEBTEDNESS; CONTRACTS.
(a) When the consolidation becomes effective, the new county shall become vested with the title to all real and personal property, other than money in cash or on deposit, of the consolidated counties.
(b) The territory within the consolidated counties shall remain liable for all indebtedness of the respective counties when the consolidation becomes effective.
(c) Any money on hand, in cash or on deposit, and the proceeds of any tax levied by the respective counties, shall be applied on the indebtedness.
(d) The appropriate officers of the new county shall from time to time levy a tax to pay the indebtedness as it becomes due.
(e) The tax shall be spread against the liable taxable property.
(f) The new county shall have authority to enforce any contract and to collect any claims of the consolidated counties by suit or otherwise.
History:
(637-14) 1933 c 273 s 14; 1985 c 109 s 2
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 371 — Consolidation Of Counties › Section 371.15 — May Issue Certificates Of Indebtedness.

371.15 MAY ISSUE CERTIFICATES OF INDEBTEDNESS.
Any time after the county board has made the original tax levy for the new county and certified the tax levy to the respective auditors, it may issue certificates of indebtedness of the new county in anticipation of the collection of the levy. Each certificate shall be in writing, signed by the chair, and attested by the recording officer of the board, mature before December 1 following the effective date of the consolidation, and bear interest at a rate as authorized under section 475.55.
History:
(637-15) 1933 c 273 s 15; 1985 c 109 s 2; 1986 c 444
2023 Minnesota Statutes › Chapters 370 - 403 — Counties, County Officers, Regional Authorities › Chapter 372 — Changing County Seats › Section 372.01 — Petition.

372.01 PETITION.
When a petition is presented to the auditor of any county in the following form: "To the county board of the county of ......................, Minnesota: The undersigned legal voters of this county request that the county seat be changed to (here designate the place)," signed by at least 60 percent of those voting in the county at the last preceding general election, accompanied by affidavits of at least two of the signers stating that
(a) the petition signatures are genuine,
(b) they were signed within 60 days before the date of the affidavits, and
(c) when signing the petition the petitioners were legal voters of the county,
and the notice of intention to circulate the petition under section 372.02 was given, the auditor shall immediately file the petition and affidavits, and make, seal, and file in the auditor's office an order for a special meeting of the county board to consider the petition. The order shall specify the time of the meeting, which shall be between 9:00 a.m. and 5:00 p.m., and at least 15 but not more than 20 days after the filing. The auditor shall also serve a copy of the order upon each member of the board, personally or by mail, at least five days before the meeting.
History:
(625) RL s 396; 1985 c 109 s 3