Minnesota Attorney General Opinions

Free plain-English summaries of attorney general opinions issued in Minnesota, with full citations and the original source on every page.

77 opinions · Updated May 23, 2026

Can a Minnesota sheriff sign a 287(g) immigration enforcement agreement with ICE on their own, and does a 287(g) agreement let local officers hold someone in jail solely on an ICE detainer?

No on both counts. A Minnesota sheriff cannot unilaterally enter a 287(g) agreement; the county board of commissioners must authorize it by resolution under the Joint Powers Act. And even when a valid…

2025-12-12

Does President Trump's Executive Order 14201 on transgender student athletes override Minnesota's anti-discrimination law, and can a Minnesota school district comply with the order without violating the Minnesota Human Rights Act?

No to the first question, no to the second. Executive Order 14201 (Keeping Men Out of Women's Sports) does not preempt Minnesota law because the President cannot issue education-funding directives wit…

2025-02-20

Can a Minnesota county jail or sheriff hold someone past their state release date because ICE has sent over an immigration detainer asking them to keep the person 48 more hours?

No. The AG concluded that prolonging custody past a person's state release date based only on an ICE detainer is a new arrest under Minnesota law, and no Minnesota statute authorizes that arrest. ICE …

2025-02-06

Can a Minnesota education district buy a shopping mall and use most of it for special-education programs while keeping the existing commercial leases on the remaining 10 percent of the space?

Yes, if 90 percent of the building goes to educational programs, the existing commercial leases don't interfere with those programs, and the school board determines the lease terms are in the district…

2023-11-13

If a sitting Anoka County commissioner takes a job as the city administrator for a small Plan A city inside the same county but outside the commissioner's district, do the two positions automatically conflict, requiring one to give up the other?

No. The AG concluded that the Plan A city administrator position, as defined in that city's ordinance, doesn't meet the McCutcheon v. City of St. Paul test for a 'public office' because it lacks indep…

2023-10-17

Does the 2023 ban on prone restraint and compressive restraint in Minnesota schools restrict school resource officers and other peace officers when they're carrying out arrests, enforcing court orders, or otherwise doing their police job at a school?

No. The AG's September 20, 2023 supplement to the August 22 opinion confirms that the prohibitions in Minn. Stat. § 121A.58 do not apply to peace officers, including school resource officers and contr…

2023-09-20

Did the 2023 amendment that banned prone restraint and chest/throat-pressure holds in Minnesota schools also ban those holds when a school staffer has to physically prevent a student from hurting someone or themselves?

No. The 2023 Amendment added a sentence to Minn. Stat. § 121A.58, subd. 3 saying that nothing in the prohibited-restraints section precludes use of reasonable force under Minn. Stat. § 121A.582, which…

2023-08-22

Can a Minnesota intermediate school district buy a closed elementary school from a member district by contract for deed, where the seller member district keeps title until the buyer finishes paying over five years?

Yes, but only through Minn. Stat. § 465.71, the modern statute that authorizes school districts to use installment contracts and lease-purchase agreements. The older catch-all statute, § 465.035 (whic…

2023-02-17

Can a Minnesota public school give a student with unpaid meal debt a 'minimum meal' (like a peanut butter sandwich) instead of the scheduled lunch other students receive?

No. Under Minn. Stat. § 124D.111, subd. 5(a) (added by the Legislature in 2021), schools that participate in the federal school lunch program must provide meals respectfully and cannot limit a student…

2022-11-17

If a tenant misses several months of rent, can a Minnesota landlord (including a housing authority) charge a new 8% late fee each month based on the cumulative total of unpaid rent, and does the landlord have to recalculate the late fees down if the tenant later makes a partial payment?

No to cumulative; no to recalculation. The 8% cap in Minn. Stat. § 504B.177(a) is applied once to each rent payment when that payment first becomes overdue, not monthly against a growing past-due bala…

2021-06-30

Can a Minnesota city use city email accounts, the city's social media, or other public resources to push voters to vote one way on a ballot question, especially during a pandemic when in-person meetings are limited?

No, if any public funds are involved. The AG reaffirmed a long line of Minnesota AG opinions going back to 1927 that say public money may not be spent to advocate for one side of a ballot question. Th…

2020-10-27

During the 2020 absentee-heavy election, could political party representatives or campaign 'challengers' attend meetings of Minnesota county and city absentee ballot boards to observe and challenge the acceptance of individual absentee ballots, the way they can challenge voters at polling places?

No. The AG concluded that Minnesota's election challenger statutes (Minn. Stat. §§ 204C.07, 204C.12, 204C.13, 201.195) by their terms apply only to polling places or to a separate contested-case proce…

2020-10-16

Can Minnesota stop a candidate from helping a voter who needs assistance, and can it cap the number of voters one person can help in a single election?

No to both. The AG concluded in 2020 that Section 208 of the federal Voting Rights Act overrides Minnesota's restrictions in Minn. Stat. § 204C.15, subd. 1 that barred candidates from helping voters a…

2020-05-07

If a Minnesota county wants to set up an in-person absentee voting site, does it have to keep that site open for the full 46 days before the election, or can it open the site for just the last week of voting?

It depends on which statutory option the county auditor uses. Under Minn. Stat. § 203B.081, subd. 1, any site dedicated to in-person absentee balloting must be open for the full 46-day period. But the…

2020-01-02

Can a Minnesota city turn off your electric or water service because you didn't pay your garbage bill or another unrelated municipal charge?

Probably not, and the AG expressly overruled a 1938 opinion that had allowed it. Municipal utilities must use reasonable methods to compel payment, and disconnection requires good cause. Disconnecting…

2019-05-16

Could a Minnesota public school bar a graduating senior from walking across the stage at graduation because of unpaid school lunch debt?

No. The AG concluded in 2019 that a school could not deny a student who had met all academic requirements the opportunity to participate in graduation ceremonies based on unpaid meal balances. The opi…

2019-05-14

When Minnesota's lieutenant governor moves up to fill a vacancy elsewhere and the president of the state senate constitutionally takes the lieutenant governor's seat, can that senator continue to hold the senate seat at the same time?

The AG (through the Solicitor General) concluded yes on the first half: by Minn. Const. art. V, § 5, the last elected president of the senate becomes lieutenant governor when there is a vacancy. On th…

2017-12-21

Does a company running a time-limited eBay-style online auction of property located in a Minnesota county have to hold a Minnesota auctioneer's license?

No. The AG concluded that time-limited online auction sales on platforms like eBay are not the 'business of an auctioneer' under Minn. Stat. ch. 330, and corporate entities cannot be licensed auctione…

2014-10-17

Can a Minnesota legislator avoid arrest for DWI or other criminal conduct during a legislative session by invoking the 'privilege from arrest' clause in the state constitution?

No, in the AG's view. The constitutional 'privilege from arrest' in Minn. Const. art. IV, § 10 applies only to civil arrests, not to criminal arrests like DWI. The AG recommended the legislature enact…

2014-04-22

If a Minnesota township acquires a residentially-restricted lot from the state through tax forfeiture, can the township override the restriction and use the lot as a public park?

No. The AG concluded that under Minn. Stat. § 282.01, subd. 6, the state's conveyance of tax-forfeited land is 'subject to easements and restrictions of record' as of the tax judgment sale date, and a…

2013-04-18

Who is the proper filing officer when a Minnesota school district receives a petition for a special referendum election, and the district sits in more than one county?

The school district clerk. The AG concluded that the Secretary of State's petition rules (Minn. R. ch. 8205) apply to school district referendum petitions generally, but the rules' specific definition…

2007-06-15

When a Minnesota city collects criminal background data on candidates for city council, is that data treated as private under the Government Data Practices Act, or is it presumptively public?

Presumptively public. The AG concluded that candidates for city council are not 'applicants for employment' under Minn. Stat. § 13.43, so background data the city collected on them was not private per…

2006-10-06

When a Minnesota city council fills a vacancy by appointment, and the city treats its council members as 'city employees,' is the personal information submitted by people applying for that appointment public or private?

Mostly private. The AG concluded that data submitted by applicants for appointment to a council vacancy is private personnel data under Minn. Stat. § 13.43 (if the city treats council members as emplo…

2006-07-14

When MnDOT or another Minnesota government agency is in the middle of an eminent-domain process and has gathered several appraisals of the same property, which of those appraisals become public records when the agency shares one with the landowner, and which stay confidential?

It depends on which subsection of the Data Practices Act triggers public disclosure. If the agency triggered the public-status rule by exchanging appraisals with the owner under subd. 3(b)(1) or by en…

2004-04-13

Can a Minnesota county refuse to record a land conveyance document on the ground that the underlying transaction does not comply with the county's zoning, subdivision, or sewage-treatment regulations, or that county-imposed fees are unpaid?

Mostly no. The AG concluded that under Minn. Stat. § 394.37 a county may not prevent recording of a land conveyance just because the conveyance violates county subdivision or zoning ordinances. The co…

2003-08-12

In a Minnesota home rule city where the mayor votes only to break a tie, how do you compute a two-thirds majority for a zoning amendment under Minn. Stat. § 462.357?

Three affirmative votes (out of the four non-mayor council members). The AG concluded the mayor is not counted in computing a two-thirds majority unless an actual tie vote arises. The Minnetonka Beach…

2002-05-13

Does a Minnesota hospital district created under Minn. Stat. § 447.31 have to follow the Uniform Municipal Contracting Law and put construction work out for sealed bids?

Yes, with limited exceptions for change-orders. The AG concluded that hospital districts under §§ 447.31 et seq. are municipal corporations and political subdivisions of the state under § 447.31, subd…

2002-05-08

In Minnesota, can a school district agree through collective bargaining to pay a teacher's health insurance premiums and retirement contributions while the teacher is on an extended leave of absence, or reimburse the teacher for those costs?

No. The AG concluded that Minn. Stat. § 122A.46 conditions continuation of insurance and retirement credit during extended leave on the teacher (not the district) paying the premiums and the employee …

2002-03-29

After Minnesota lowered the council-vote threshold for most zoning amendments to a simple majority, can a home-rule charter city still require a two-thirds council vote by its own ordinance?

No. The AG concluded that after the 2001 amendment of Minn. Stat. § 462.357, subd. 2, the statutory majority-vote rule for most zoning ordinances preempts any inconsistent charter or local ordinance. …

2002-01-25

If a Minnesota county rejected the State Building Code in a 1979 referendum, can the county now adopt the Code by ordinance without going back to the voters?

Yes. The AG concluded that after 1994 and 1998 amendments to Minn. Stat. § 16B.72, the statute permits a 'municipality' (a defined term that includes counties) that does not currently have the Code in…

2001-10-18

Can a Minnesota county and its bargaining units, in a new collective bargaining agreement, add or raise co-pays on the health insurance plan in a way that also applies to retirees who are continuing under the county plan?

Yes, as long as the same changes apply to active employees. The AG concluded that nothing in Minn. Stat. § 471.61 prevents a county and union from agreeing to add or increase co-pays in a way that rea…

2001-04-30

When two Minnesota cities are voting whether to consolidate, and the vote is happening at the same time as a general election, does approval require a majority of everyone who showed up to vote that day, or just a majority of those who marked an answer on the consolidation question?

Approval requires only a majority of those who actually voted on the consolidation question, not a majority of every voter at the general election. The AG read Minn. Stat. § 414.041, subd. 6(d) consis…

2000-10-05

When the Minnesota Commissioner of Labor and Industry issues an order under § 176.181 finding that an employer failed to carry workers compensation insurance, are that order and the employer's written objection public data, or are they investigative data that has to be kept confidential?

Public data. The AG concluded that DOLI's Orders to Comply and Penalty Assessments under § 176.181, and the written objections employers file in response, are not investigative data under § 13.39 beca…

2000-08-04

Does the Hiawatha Light Rail Project Management Plan submitted by the Metropolitan Council to the Federal Transit Administration properly allocate responsibility between the Council and the Minnesota Department of Transportation, given that the enabling statute makes MnDOT responsible for design and construction?

The PMP is ambiguous and could be interpreted in more than one way. The AG concluded that conformity with state law depends on implementation. As long as the Commissioner of Transportation issues the …

2000-06-30

Can a Minnesota city pass an ordinance that completely bans smoking in restaurants, or does the state Clean Indoor Air Act preempt local rules?

Yes, a city may ban restaurant smoking. The AG concluded that the Minnesota Clean Indoor Air Act expressly preserves local government authority to impose stricter smoking limits, so a complete local b…

2000-05-04

When a Minnesota statutory city holds a special election to fill the remainder of an unexpired mayoral term, when does the appointed mayor's tenure end and the newly elected mayor's term begin?

Upon qualification of the elected mayor. The AG concluded that the person elected at the special election may take the oath and assume office as soon as they receive a certificate of election. The fir…

1999-11-23

What are the legal limits on the Minnesota State High School League's board term dates, credit transactions, committee minute-keeping, gift-giving, and retreat expenses?

The 1999 amendment made League board terms run August 1 to July 31 (no longer governed by § 15.0575's January end date). Direct billing arrangements with hotels and airlines aren't credit cards. The L…

1999-08-23

Did the 1976 repeal of Minn. Stat. §§ 452.02 and 454.041 invalidate a 1958 AG opinion on the City of Breckenridge's authority to set utility rates exceeding operating costs and transfer surplus revenue to the general fund?

No. The 1958 opinion did not rely on the repealed statutes; it rested on the absence of restrictive charter or statutory provisions, traditional common-law powers of municipal corporations, and the ci…

1999-06-28

When a Minnesota county sheriff and the county board of commissioners disagree about what color the sheriff's squad cars should be, who gets to decide?

The county board. The AG concluded that under Minn. Stat. § 387.29, subd. 2 and the county board's general power to manage county property under § 375.18, subd. 2, the board has the final say on the c…

1999-06-09

When a Minnesota city annexes land in the Mississippi Headwaters corridor, does the city's zoning ordinance for that land need formal review and certification by the Mississippi Headwaters Board?

No. The AG concluded that the Mississippi Headwaters Board's formal review-and-certification authority under Minn. Stat. § 103F.373 reaches county zoning actions but not city zoning, so a municipality…

1999-05-11

Is a Minnesota school district required to make the same level of health insurance coverage available to retired employees who are 65 or older as to active employees?

No. The AG concluded that Minn. Stat. § 471.61, subd. 2b lets retired employees continue indefinitely in the employer-sponsored insurance group they were in at retirement, but the requirement that ret…

1998-12-15

When two Minnesota townships split maintenance of a town-line road in an 1885 agreement and the counties later took over part of the road, can the county boards reallocate responsibility for the remaining township portion?

Yes. The AG concluded that Minn. Stat. § 164.12, subd. 6 authorizes county boards to determine the proper division of town-line road maintenance responsibility, even where the prior allocation was set…

1998-11-05

Can a Minnesota statutory city move its city-owned telephone and cable television companies under a public utility commission that operates independent of the city council?

No. The AG concluded that Minn. Stat. § 412.351 enumerates the public utilities a statutory city's public utility commission may take jurisdiction over (water, light and power, gas, sewer, and similar…

1998-11-02

If voters of a Minnesota school district sign a petition to force a special election on selling bonds to build a community recreational facility on school property, must the district go through the state's review-and-comment process first, and can the election still be held if the Commissioner of Children, Families and Learning issues a negative review?

Voters may petition under Minn. Stat. § 205A.05, subd. 1 to compel a special bond election, but the school district must complete the review-and-comment process under Minn. Stat. §§ 121.148 and 121.15…

1998-03-11

Can a Minnesota county use money from its forfeited-tax-sale fund to buy four-wheel-drive pickup trucks for its land commissioner to manage 74,000 acres of tax-forfeited timberland?

Yes, qualified. The AG concluded that the 1967 amendment to Minn. Stat. § 282.09, subd. 2 expanded the permitted uses of the forfeited-tax-sale fund to include equipment acquisition and maintenance, s…

1997-12-18

Does Minnesota law bar news media from photographing juveniles in police custody, and does a county sheriff have jurisdiction to investigate crimes inside cities that have their own police force?

On photos: No, the AG concluded that Minn. Stat. § 260.161, subd. 3(a) prohibits only peace officers from photographing juveniles in custody, not the news media. On jurisdiction: Yes, the county sheri…

1997-10-14

Can a Minnesota county attorney prosecute someone who distributed unsigned campaign leaflets, when Minnesota's statute says it's a misdemeanor to distribute campaign material without a 'Prepared and paid for by ...' disclaimer?

The AG concluded the statute is clearly unconstitutional on its face under the U.S. Supreme Court's 1995 decision in McIntyre v. Ohio Elections Commission, which struck down a nearly identical Ohio la…

1997-08-27

Can the mayor of a Minnesota city serve in office while also being an employee, incorporator, and director of a nonprofit that holds a contract from the city to operate public-access cable television under the city's cable franchise?

Yes, with abstention. The AG concluded that Minn. Stat. § 238.15, the cable-specific conflict statute, controls over the general municipal conflict statute (§ 471.87) under the special-versus-general …

1997-08-25

How does Minnesota's 95-percent-of-governor compensation cap apply to school superintendent contracts that include vacation cash-out, deferred compensation, vehicle expense reimbursements, expense allowances, and split-dollar life insurance?

The AG answered nine questions from the Commissioner of Children, Families and Learning following a 1995 State Auditor review of Twin Cities superintendent contracts. The headline holdings: school dis…

1997-08-04

Can a Minnesota assistant county attorney also serve as the city attorney for a statutory city in the same county?

Yes, qualified. The AG concluded that Minn. Stat. § 481.17's second sentence (any-population provision for criminal prosecutorial functions) means the offices of city and county attorney are not per s…

1997-07-29

Does the Minnesota statute capping drainage repair costs at the originally-determined benefits apply only to petitioned repairs, or does it also cap routine maintenance and repairs by the drainage authority?

Only petitioned repairs. The AG concluded that the cost cap in Minn. Stat. § 103E.715, subd. 4(a) (cost cannot exceed the total benefits determined in the original drainage proceeding) applies only to…

1997-07-10

Can a Minnesota sheriff serve documents purporting to be issued by a 'common law court' or 'superior county court of the Minnesota state Republic' that is not established by the Minnesota or U.S. Constitution?

No. The AG concluded that under Minn. Stat. § 387.03, a sheriff is required to execute processes issued only 'by lawful authority,' and so-called common-law courts have no lawful authority because the…

1996-11-05

If a city council committee of three members is meeting publicly, can a fourth council member walk in without separate notice, and what happens if a quorum then gathers?

The fourth member may observe without separate notice, but cannot participate in the committee's discussions or deliberations. The AG concluded that mere passive attendance does not trigger Open Meeti…

1996-08-28

Can a Minnesota township use town funds to reimburse a former police chief for the costs of defending criminal charges that were ultimately dismissed?

No. The AG concluded that no statute requires or authorizes town reimbursement of criminal defense costs. Minn. Stat. § 465.76 authorizes such reimbursement only for cities and counties, and the AG de…

1996-07-25

Can a Minnesota home-rule charter city vote a council member out of office for missing too many meetings, without taking the question to the voters?

No. The AG concluded that under Minn. Stat. § 410.20 and Art. VIII, § 5 of the Minnesota Constitution, a charter may provide for removal of an elected city official only by vote of the electors, and o…

1996-07-24

Can a Minnesota city enforce the Uniform Fire Code's 20-foot fire-apparatus access road requirement against an existing manufactured home park where the fire chief has determined that the park's narrower roads create a distinct hazard to life and property?

Yes. The AG concluded that the Uniform Fire Code applies statewide and authorizes enforcement of code provisions against existing conditions that the local fire chief determines constitute a distinct …

1996-02-23

Can a Minnesota state agency assert federal copyright in original data it produces and require members of the public who want to sell or distribute copies to enter a license agreement, while still complying with the Government Data Practices Act?

Yes, subject to important limits. The AG concluded that state agency data constituting 'original works of authorship' is protected by the Federal Copyright Act (17 U.S.C. § 102(a)). The MGDPA gives th…

1995-12-04

Does Minnesota's 1994-95 uniform election day statute (Minn. Stat. § 205.07, as amended) apply to home rule charter cities such as Crystal, requiring biennial four-year council terms instead of the city's three-year terms?

Yes, with January 1998 transition. The AG concluded that the 1994 and 1995 amendments to Minn. Stat. § 205.07, subd. 1, when effective January 1, 1998, apply to both statutory and home-rule charter ci…

1995-10-27

When a Minnesota city extends its subdivision regulations to land within two miles outside its limits, and the surrounding county has its own zoning ordinance covering the same land, whose rules govern subdivision and zoning on that land?

Different things go to different authorities. The AG concluded that under Minn. Stat. § 462.358, subd. 1a, a city's extraterritorial subdivision regulations control over the county's subdivision regul…

1995-08-18

When a Minnesota county-seat-removal petition is presented to the county auditor, can the petition be rejected because the affiants did not personally witness each signature? And is the City of Warroad's contingent offer to donate land and $4.5 million toward courthouse construction a valid election-law offer that the county board can accept?

Petition: not rejectable. The AG concluded that Minn. Stat. § 372.01 requires affiants to assert genuineness of signatures, 60-day recency, and legal-voter status, but does not require personal observ…

1995-04-10

When a Minnesota county-seat-removal petition needs signatures equal to 60% of those who voted in the last general election, does that mean only people who actually voted can sign? And do signers have to be registered voters?

No to both. The AG read the 60-percent requirement as a count, not a substantive limit on who can sign. Any legal voter of the county may sign, whether or not they voted in the previous election. And …

1995-01-24

Can a Minnesota county pay its top administrator a $600-per-month car allowance on top of the maximum salary capped at 95% of the governor's pay? And does the 1993 severance-pay cap apply retroactively to a contract signed before its effective date?

Auto allowance: probably exceeds the cap as drafted. A monthly auto allowance that subsidizes personal use of the administrator's vehicle, with no apportionment between business and personal use, fall…

1994-12-28

Can a Minnesota sheriff get paid extra by cities or private businesses for off-duty policing, and can the sheriff's family run a civil process serving business inside or outside the county?

No on personal compensation. The AG concluded the sheriff's salary covers all law enforcement duties, so an elected sheriff cannot keep money paid by cities or private parties for off-duty policing. F…

1994-10-31

How does Minnesota calculate the registration tax on a new car: from the manufacturer's lowest price-list MSRP for a given VIN, or from the actual base price on the window sticker?

From the window sticker. The AG concluded the motor vehicle registration tax base value under Minn. Stat. § 168.013, subd. 1a(b) is the federal-law base price listed on the window sticker (15 U.S.C. §…

1994-08-18

Does Minnesota's 1993 campaign finance law (§ 211A.13) ban a candidate for local office from transferring money to or from any other local candidate's campaign committee, or only to campaigns of state and judicial candidates?

Only state and judicial. The AG concluded that § 211A.13's ban on transfers to and from a 'principal campaign committee' is limited to the principal campaign committees of chapter 10A candidates (stat…

1994-08-01

Can a Minnesota Housing and Redevelopment Authority commissioner bid on cabinet work for development projects that the same HRA has approved?

Yes, with notice and nonparticipation. The AG concluded that Minn. Stat. § 469.009's specific HRA conflict-of-interest rule (written notice plus nonparticipation in HRA decisions affecting the commiss…

1994-06-09

Can a Minnesota county pay its commissioners a 'per meeting' fee in addition to salary, and can a commissioner collect multiple per diem payments for attending several meetings on the same day?

No on both. The AG concluded that 'per diem' under Minn. Stat. § 375.055 means by-the-day, not per-meeting. A commissioner gets one per diem for each day spent on county duties, regardless of how many…

1994-04-28

After a Minnesota county's voters rejected the State Building Code in a referendum, can the county board later adopt the code by ordinance without going back to the voters?

No to the first question, yes to the second. The AG concluded the county could not bypass the failed referendum result with an ordinance, but the matter of code application could be resubmitted to the…

1994-04-20

Can a Minnesota charter school join a joint powers entity like MSDLAF+ to pool investments with public school districts?

No. The AG concluded that charter schools formed under Minn. Stat. § 120.064 as nonprofit corporations or cooperatives were not 'governmental units' under the Joint Powers Act (Minn. Stat. § 471.59, s…

1994-03-11

Does the Minnesota Governor have the power to sign or veto a proposed constitutional amendment that the legislature has passed and wants to send to the voters?

No. The AG concluded that proposed amendments to the Minnesota Constitution under Art. IX, § 1 are not 'bills' subject to gubernatorial approval or veto. The governor may still veto ordinary legislati…

1994-03-09

When a Minnesota city manager resigns, does the cash payout for unused accrued vacation count as 'salary' under the political subdivision salary cap (95% of the governor's salary)?

No. The AG concluded that the cash equivalent of unused, accrued vacation paid to a city manager upon resignation is not 'salary' for purposes of Minn. Stat. § 43A.17, subd. 9, so the payment does not…

1993-09-14

Can a Minnesota city require successful bidders on a municipal construction project to sign a project labor agreement with construction trade unions?

Yes, with limits. The AG concluded that a city may include project labor agreement specifications when soliciting construction bids if motivated by legitimate economic reasons as a purchaser of servic…

1993-07-27

In Minnesota, are tribal or individual Indian lands held in fee simple exempt from local property tax under the 'Indian lands' exemption in § 272.01?

No. The AG concluded that the 'Indian lands' tax exemption in Minn. Stat. § 272.01, subd. 1 covers only land held in trust by the United States for an Indian tribe or member, and land held by a tribe …

1993-05-04

Can a Minnesota police officer issue a traffic citation for a misdemeanor traffic offense that the officer did not personally see, but learned about later from investigation?

Yes, with limits. The AG concluded that an officer with probable cause may issue a uniform traffic ticket for a misdemeanor not committed in the officer's presence, as long as the officer does not pla…

1993-04-15

Can a Minnesota city charge property owners a monthly storm sewer utility fee based on impervious surface and rainfall runoff, rather than levying a special assessment?

Yes. The AG concluded that Minn. Stat. § 444.075 authorized cities to impose reasonable storm sewer service charges keyed to the quantity and difficulty of disposal of storm water produced by each par…

1993-03-08

If a Minnesota city and township have signed an orderly annexation agreement with time frames, can the city bypass those time frames using the 1992 annexation-by-ordinance procedure?

Yes. The AG concluded that under the 1992 amendment adding § 414.033, subd. 2a, a city may annex land within an orderly annexation area by ordinance if the city owns the land or if all landowners peti…

1993-03-01

Can an appointed Minnesota park district commissioner keep serving after the four-year term expires until a successor is appointed, and when exactly does the term expire?

Yes, the AG concluded that an appointed Suburban Hennepin Regional Park District commissioner could continue serving as a de facto officer after term expiration until a successor was appointed and qua…

1993-01-04

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Attorney general opinions in Minnesota are written by the Minnesota Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.

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