Title Minnesota Statutes, Minnesota Statutes

365.05 DEED OF TOWN LAND; FORMALITIES; INTEREST GIVEN. A deed conveying real estate owned by a town must be signed by the chair of the town board in an official capacity and attested by the clerk. The deed, witnessed and acknowledged, must give the grantee all of the town's inter…

365.07 TO PAY OFFICERS AND EXPENSES; TO RAISE MONEY. It is a town charge: (1) to pay town officers for services performed for the town; (2) to pay contingent expenses necessarily incurred for the use and benefit of the town; (3) to raise money authorized to be raised by the vote …

365.08 TOWN DAMAGE TO PRIVATE ROAD IS A CHARGE IF VOTED. If a court finds that a town's officers ordered work done on a private road believing that the road was public, the damage caused and necessary expenses and costs incurred in the suit are a claim against the town. Before th…

365.09 CHARGES PAID BY TAXES LEVIED UNDER CHAPTER 275. Taxes to pay for town charges must be levied under chapter 275 on the town's taxable property. History: (1097) RL s 689; 1987 c 229 art 8 s 1

365.10 ANNUAL TOWN MEETING; POWERS OF ELECTORS. § Subdivision 1.Powers listed here. The electors of a town, at their annual town meeting, may do what is in this section. § Subd. 1a.Pounds, poundmasters. The electors may (1) decide the locations of pounds, (2) set the number of po…

365.11 NOTICE OF BYLAW REQUIRED; BINDS ALL IN TOWN. A town bylaw is not effective until posted notice of it is given. The bylaw is then binding on all town residents and on all others while in the town. History: (1008) RL s 627; 1987 c 229 art 8 s 1

365.125 ORDINANCE FORMALITIES; PUBLISH, POST, RECORD. § Subdivision 1.Formalities; title, style. An ordinance must be enacted by a majority vote of all the members of the town board unless a larger number is required by law. An ordinance must be signed by the chair of the town bo…

365.13 POUNDMASTER NEEDED IF ELECTORS WANT POUND. A poundmaster must be chosen to run the pound if electors at an annual town meeting decide to have a pound. History: (1092) RL s 685; 1987 c 229 art 8 s 1

365.14 BOARD TO TAX FOR, CONTRACT FOR, MANAGE TOWN HALL. A town board may levy a tax for the amount allowed by the town's electors to buy or build a building for the town's use. The town board may enter into the contracts that are necessary to buy or build the building. The town …

365.15 POLICE, FIRE PROTECTION. The electors at a town meeting may direct the town board to provide for police or fire protection and get, operate, and keep up police and fire apparatus. The board may act jointly with home rule charter or statutory cities and other towns in getti…

365.16 POLICE AND FIRE APPARATUS. A town board may annually levy the tax it decides is necessary for police and fire apparatus and to operate and keep up the apparatus. The tax must not be more than the amount that the electors allowed for the purpose. The board may enter into an…

365.17 JOINT FIRE EQUIPMENT WITH ADJACENT TOWNS. The town boards of adjacent towns may pool the amounts raised by the towns and jointly get and keep up fire protection apparatus for the use of the towns in common. The town boards shall jointly agree on the terms, conditions, and …

365.18 MS 1986 [Renumbered in part 365.181] 365.18 BOARD LEVY FOR POLICE AND FIRE APPARATUS. A town board may annually levy the tax it decides is necessary for police and fire protection and apparatus, and to operate and keep up the apparatus. The tax must not be more than the am…

365.181 CONTRACTED FIRE SERVICE; COST DATA; ASSESSMENTS. § Subdivision 1.From county, city, or volunteers. A town board may enter into a contract for fire protection and operation and upkeep of fire apparatus with the town's county or a nearby home rule charter or statutory city.…

365.19 RELATION OF LEVIES TO FORESTRY ACT, LEVY. § Subdivision 1.Not limited by forestry levy. A levy under sections 365.15 to 365.18 is in addition to the levy and the amount of tax authorized in any one year under section 88.04. § Subd. 2.Forestry Act not affected. Sections 365…

365.20 POLICE, FIRE, WATER IN CERTAIN PLATTED TOWNS. § Subdivision 1.Opt at election or annual meeting. If 50 percent or more of the total net tax capacity in a town is platted land, the electors may let the town board do what is described in this section. Mineral net tax capacit…

365.21 SPECIAL ELECTION FOR POLICE, FIRE, WATER. § Subdivision 1.By board or petition. A special election may be called to vote on a question under section 365.20. The town board calls the election. It may call one on its own but it must call an election if 20 percent of the elec…

365.22 CONDUCT OF ELECTION; BALLOTS, VOTING, HOURS. § Subdivision 1.Like regular town election. A special election under section 365.21 must be run in the same way that elections by ballot at the regular town election are run. § Subd. 2.Questions, ballot details. The questions to…

365.23 MEETING FOR SECTION 365.20 SPENDING, PACTS, TAX. After getting general authority to do something under section 365.20, a town board must not spend money, enter into a contract, or levy a tax for that purpose without specific authority from a town meeting. The specific auth…

365.24 ELECTION MAY REVOKE EARLIER GRANT OF POWER. The electors of a town may revoke any authority under section 365.20 given by them to the town board. The revocation must be made in an election held under section 365.21. History: (1027-10) 1927 c 219 s 5; 1987 c 229 art 8 s 1

365.243 COUNTY FIRE SERVICE TO UNORGANIZED TERRITORY. § Subdivision 1.Permissive. A county may provide fire protection to its unorganized territory and may levy taxes on the property in the unorganized territory for that purpose. § Subd. 2.No election needed. Under sections 365.1…

365.26 CEMETERY LAND; BOARD CONTROL; SALE OR LEASE; CITY AID. § Subdivision 1.Vote for land. A town's electors may vote to let the town buy, condemn or receive a gift of land within the town to be used as a cemetery. § Subd. 2.Board may run, spend for. The town board shall contro…

365.27 SALE AND REVERSION OF LOTS; USE OF FUNDS. § Subdivision 1.For allowed burials only. A town's board may sell a lot in its cemetery for burial of only those permitted by the board to be buried there. The lots must be conveyed as other real estate is conveyed. § Subd. 2.Money…

365.28 PUBLIC BURIAL GROUND BECOMES TOWN PROPERTY AFTER TEN YEARS. A tract of land in a town becomes town property after it has been used as a public burial ground for ten years if the tract is not owned by a cemetery association. The town board shall control the burial ground as…

365.29 PART OF LOT PRICE TO CEMETERY FUND; USE OF FUNDS. A town's board may require that part of the price paid for a lot in its cemetery goes into a permanent fund. The money in the fund must be deposited under section 365.32. Money from the fund in an amount sufficient to care …

365.30 BOARD SETS LOT CARE SHARE; USE OF FUNDS. A town's board shall decide the share of its cemetery lot price that is for caring for and beautifying the lot and the cemetery. The board may also require the cemetery directors to spend additional money from the permanent fund as …

365.31 GIFT FOR CEMETERY OR LOT; USE OF FUNDS FOR CARE. A town's board and the directors of its cemetery may accept a gift of money to the cemetery fund. They may require that the principal and interest from the deposit of the gift be used by the directors to care for and beautif…

365.32 DEPOSIT OF CEMETERY FUNDS. A town's board may require its cemetery's directors to immediately deposit in the county treasury money from the sale of a cemetery lot or from a gift for the cemetery fund. The county treasurer shall immediately deposit the money in the county's…

365.33 HOW COUNTY TO TREAT TOWN CEMETERY MONEY. § Subdivision 1.Like other funds. Deposits into the fund set up under section 365.29 must be treated the way other funds in the county treasury are treated. The deposit must not earn a lower rate of interest than is paid on county f…

365.34 IF DEPOSITORY CHANGED, FUND TO BE CHANGED. When a county changes its depository, the county's treasurer shall deposit its towns' cemetery funds in the new depository. History: (1021) 1911 c 224 s 8; 1987 c 229 art 8 s 1

365.35 FUND PRINCIPAL; INTEREST. The principal of a town's cemetery fund must be used as directed by the town board. Interest earned by the fund that is not needed to care for or beautify the cemetery or its lots in any year must be added to the principal by the cemetery's direct…

365.36 INVESTMENT OF CEMETERY FUND. § Subdivision 1.Like school fund. A cemetery's directors or, if none, the town board shall invest the principal of the cemetery fund in the kind of securities that the permanent school fund may be invested in. This section controls the investme…

365.37 CONFLICTS, BIDS, EMERGENCIES, PENALTY, REMOVAL. § Subdivision 1.No conflicts; exceptions. Except as provided in sections 471.87 to 471.89, a supervisor or town board must not be a party to, or be directly or indirectly interested in, a contract made or payment voted by the…

365.38 NOTIFY CLERK BEFORE SUIT; WAIT 30 DAYS ON ORDER. § Subdivision 1.On most money claims; exceptions. If an action on a claim can demand only a money judgment the action cannot be brought against a town until a statement of the claim is filed with the town clerk. Filing is no…

365.39 LAWSUIT WITH TOWN AS PARTY IS LIKE ANY LAWSUIT. An action or proceeding with a town as a party must be handled as other actions and proceedings are handled. A judgment has the same effect as a judgment in a similar action or proceeding between individuals. History: (1104) …

365.40 TOWN NAME IN SUIT; EXCEPTION; SERVICE; DEFENSE. § Subdivision 1.Town or officers named. In all actions or proceedings the town shall sue and be sued in its name, except that town officers may sue in their official names for the town's benefit. § Subd. 2.Serve chair or cler…

365.41 JUDGMENT AGAINST TOWN; PAYMENT; EXECUTION. § Subdivision 1.Paid by town treasurer. A judgment against a town, or a town officer in an official capacity, must be paid by the town treasurer on demand if there is enough unappropriated money on hand. The demand is made by givi…

365.42 AMOUNT OF UNPAID JUDGMENT ADDED TO TAX LEVY. A certified copy of the docket of an unsatisfied money judgment may be presented to the first annual town meeting after the judgment is rendered. If proceedings on the judgment are not stopped the town board shall then add the a…

365.43 NO DEBT, SPENDING BEYOND TAX LIMIT WITHOUT VOTE. § Subdivision 1.Total revenue defined. A town must not spend more money in a year than its total revenue without a favorable vote of a majority of the town's electors. In this section, "total revenue" means property taxes pa…

365.431 AMOUNT VOTED AT MEETING IS TAX LIMIT. Except as otherwise authorized by law, the tax for town purposes must not be more than the amount voted to be raised at the annual town meeting. History: 1987 c 229 art 8 s 1; 2005 c 151 art 3 s 15

365.44 PETITION FOR SEPARATION; BALLOT AT TOWN MEETING. The question of whether a town is to be separated for all purposes from a statutory city within the town may be voted on at the town's annual meeting. This section must be followed for the separation to take place. At least …

365.45 PETITION FOR DISSOLUTION; BY COUNTY BOARD. When a petition signed by a majority of the registered voters of the town calling for the dissolution of the town organization is filed with the town clerk at least 60 days before a regular or special town election, the question o…

365.46 NOTICE TO SECRETARY OF STATE, OTHERS; RECORDING. § Subdivision 1.By county auditor. The county auditor shall immediately send a certified copy of the county board's resolution dissolving a town to the secretary of state. The secretary of state shall then record the dissolu…

365.47 COUNTY'S DISPOSAL OF TOWN'S FUNDS; DEBT LEVY. § Subdivision 1.This section controls. A dissolved town's money that remains in or comes into the county treasury must be disposed of under this section. § Subd. 2.Road and bridge. Money in the road and bridge fund must be spen…

365.48 COUNTY MAY BOND TO PAY DEBT OF DISSOLVED TOWN. § Subdivision 1.If year's levy not enough. A county board may issue funding or refunding bonds to pay off the outstanding bonds, warrants, and judgments of a dissolved town if they amount to more than one year's maximum levy u…

365.49 PROPERTY OF DISSOLVED TOWN BELONGS TO COUNTY. § Subdivision 1.If needed by county: credit. A dissolved town's real or personal property that is needed for county purposes becomes the property of the county. The reasonable value of the property, as determined by the county …