155 Minn. 415 | Minn. | 1923
Proceedings under G. S. 1913, §§ 1732-1734, on the petition of Gertrude A. Norrish for the detachment of certain agricultural lands from the city of Hastings, in which the petitioner had judgment and the city appealed. Ten other property owners similarly situated instituted like proceedings, which are now pending in the court below, all of whom entered into a stipulation to abide the result of this appeal.
The lands here involved are all agricultural in character, are without the platted portion of the city, and may be detached without unreasonably affecting the symmetry of the settled portion of the same. And, if the statute under which the proceedings are conducted has application to the facts, the trial court was right in granting the requested order detaching them. While other points are made in support of the appeal, the applicability of the statute to the particular situation presents the controlling question in the case and to that we come directly, passing all other matters referred to and discussed in the briefs.
The statute in question provides, speaking generally, that the owner of unplatted land containing not less than 40 acres, included within any city having a population of 10,000 or less, and used exclusively for agricultural purposes, may have the same detached and set off from the city by proceeding in the manner in the statute pointed out. It further provides that upon filing the order so de-
The purpose of the statute was to relieve agricultural lands, often unnecessarily included in villages and city boundaries, frequently for the purposes of revenue, from the burdens thus created without a return of a corresponding benefit. State v. Minnetonka Village, 57 Minn. 526, 59 N. W. 972, 25 L. R. A. 765; State v. Village of Holloway, 90 Minn. 271, 96 N. W. 40; State v. Village of Kinney, 146 Minn. 311, 178 N. W. 815; State v. Village of Buhl, 150 Minn. 203, 184 N. W. 850; State v. City of Nashwauk, 151 Minn. 534, 186 N. W. 694, 189 N. W. 592. The statute was enacted as a counter irritant and to afford appropriate relief from unjust annexations or overreaching inclusion of farm lands within the boundaries of local municipalities, resulting in no special police or other substantial benefit to the lands or to the owners. But it is clear that the legislature did not contemplate that a proceeding would result in the total disorganization of the territory excluded, large or small. On the contrary the intention clearly expressed is that the detached land should resume its former status within the township from which it was originally taken. But it wholly fails to provide for the disposition of the detached land where, as in the case at bar, there is no existing township organization to which it may be returned or under whose governmental authority it may come. A condition of that kind was not in the mind of the legislature at the time, although several cities so situated were in existence, included therein being Winona and Wabasha, and perhaps other municipalities created and formed by special legislation in the early days from fractional congressional townships.
It is also manifest that in the enactment of this statute the legislature did not have in mind cities or villages having concurrent local
It is probable that the situation here presented is fully provided for by chapter 234, p. 276, Laws 1923, enacted subsequent to the commencement and determination of the proceeding. The amendment was no doubt intended to cover cases like that at bar, as well as similar situations in Winona, Wabasha and probably other early organized cities and school districts with concurring boundaries. But the present proceeding was not commenced in conformity with the amended requirements, which contain no curative provisions legalizing or taking account of or continuing incomplete or ineffective prior proceedings under the original statute. And to avoid the disorganizing result in this case we reverse the judgment appealed from.
It is so ordered.