Sioux Falls, SD asked in Civil Rights, Gov & Administrative Law, Land Use & Zoning and Municipal Law for Minnesota

Q: Can a township require a citizen to pay money to be heard at a township meeting?

My brother has 10 chickens on an acreage outside of city limits in rural Minnesota. Although he has had them since 2019, a "township inspector" recently visited his property and told him that the township only allows 5 chickens unless he has a permit. He had no problem with applying for the permit, and asked the township representative what he needed to do. He was told that the permit needed to be approved by the township board at a public meeting. When he asked to be included on the agenda for the next township meeting, he was told that they will only hear his application in a "special meeting" and that he would need to pay the board $400 to hold the special meeting. He recently attended the township meeting and they couldn't explain WHY it was necessary to hold a "special meeting" or why it was impossible for him to get on the agenda of a local government organization unless he paid them to be heard. They simply told him he could not get a permit without paying them for a meeting

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: A township generally cannot require you to pay money just to be heard at a public meeting, as public meetings are supposed to be open and accessible to residents. Local governments, like township boards, are typically required to follow state laws about transparency and public participation. If your brother is being told he has to pay $400 just to get his issue on the agenda, that may be unreasonable or against the law.

Your brother could look into Minnesota’s Open Meeting Law, which is meant to ensure that township meetings are open to the public and that citizens have the right to participate without unnecessary financial barriers. Asking for clarification on why a “special meeting” is needed, or why he can't be heard during a regular meeting, might help expose whether the township’s demand is fair or legal.

If the township is not providing clear reasons, your brother may want to contact a legal professional or the Minnesota Attorney General's Office for further advice. It might also be helpful to attend more meetings, record communications, and ensure all requests and decisions are documented in writing.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.