S.F. No. 1450 (First Engrossment) allows towns to have more input into property that is being detached from a city and would become part of the town.  Before the hearing, parties may be ordered to mediation.  The costs of the proceedings are apportioned among the parties.

Section 1.  A petition or resolution for detachment must include a statement of the reasons the landowners or city is seeking the detachment.  Further, a summary of any efforts that were taken to resolve the issue that led to the detachment petition must be included.  If landowners submit a petition without a resolution from the city, the landowners must provide a copy of the petition to the city and any property owners subject to the proposed detachment that did not sign the petition.  Notice must also be given to the town clerk where the property would be attached, to the clerk of any other abutting town or city, and to the county recorder of the county where the property is located.

Section 2.  Once a town gets a notice of a detachment, the town board may submit to the chief administrative law judge a resolution stating that the town board supports, opposes, or is neutral on the petition.  If the town does not submit a petition, the town position is deemed to be neutral.  If the town submits a resolution that is contrary to the resolution of the city, the town becomes a party to the required proceeding.

Section 3.  If both the city and landowner support the petition and the town does not provide a resolution, there is no hearing and the petition is granted.  If both the city and town submit resolutions opposing the petition, there is no hearing and the petition is denied.  In any other case, there is a hearing.  Parties may be ordered to participate in a mediation session before the hearing.

Section 4.  In addition to the considerations required under current law in making the findings, the chief administrative law judge must consider comprehensive plans, land use regulations, and use maps of the city, town, and county that were adopted at the time the petition was submitted.

Section 5.  The chief administrative law judge must apportion costs of the mediation and hearing in an equitable manner.  Unless the chief administrative law judge makes a specific finding to the contrary, the landowners are responsible for at least half the total costs.

ACS/syl