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PAG LIN
1 1 Section 1. NEW SECTION. 555C.1 DEFINITIONS.
1 2 As used in this chapter, unless the context otherwise
1 3 requires:
1 4 1. "Home" means a mobile home, modular home, or a
1 5 manufactured home as defined in section 435.1.
1 6 2. "Mobile home park" means a mobile home park as defined
1 7 in section 435.1.
1 8 3. "Personal property" includes personal property of the
1 9 owner or other occupant of the home, which is located in the
1 10 home, on the lot where the home is located, in the immediate
1 11 vicinity of the home or lot, or in any storage area provided
1 12 by the real property owner for use of the home owner or
1 13 occupant.
1 14 4. "Valueless home" means a home located in a mobile home
1 15 park including all other personal property, where all of the
1 16 following conditions exist:
1 17 a. The home has been abandoned as defined in section
1 18 562B.27, subsection 1, and the home has not been removed after
1 19 the right to possession of the underlying real estate has been
1 20 terminated pursuant to chapter 648.
1 21 b. A lien of record, other than a tax lien as provided in
1 22 chapter 435, does not exist against the home. A lien exists
1 23 only if the real property owner receives notice of a lien on
1 24 the standardized registration form completed by an owner or
1 25 occupant pursuant to chapter 562B, or a lien has been filed in
1 26 the state or county records on a date before the home is
1 27 considered to be valueless.
1 28 c. The value of the home and other personal property is
1 29 equal to or less than the reasonable cost of disposal plus all
1 30 sums owing to the real property owner pertaining to the home.
1 31 Sec. 2. NEW SECTION. 555C.2 REMOVAL OF VALUELESS HOME &endash;
1 32 PRESUMPTION OF VALUE.
1 33 1. An owner of a mobile home park may remove, or cause to
1 34 be removed, from the mobile home park a valueless home and
1 35 personal property associated with the home at any time
2 1 following a determination of abandonment in accordance with
2 2 section 562B.27, subsection 1, and an order of removal
2 3 pursuant to chapter 648 without further notice to the owner or
2 4 occupant of the valueless home. Within ten days of the
2 5 removal, the mobile home park owner shall give written notice
2 6 to the county treasurer for the county in which the mobile
2 7 home park is located by affidavit which shall include a
2 8 description of the valueless home, its owner or occupant, if
2 9 known, the date of removal, and if applicable, the name and
2 10 address of any third party to whom a new title shall be
2 11 issued.
2 12 2. A valueless home and any personal property associated
2 13 with the valueless home shall be conclusively deemed in value
2 14 to be equal to or less than the reasonable cost of disposal
2 15 plus all sums owing to the mobile home park owner pertaining
2 16 to the valueless home, if the mobile home park owner or an
2 17 agent of the owner removes the home and personal property to a
2 18 demolisher, sanitary landfill, or other lawful disposal site
2 19 or if the mobile home park owner allows a disinterested third
2 20 party to remove the valueless home and personal property in a
2 21 transaction in which the mobile home park owner receives no
2 22 consideration.
2 23 Sec. 3. NEW SECTION. 555C.3 NEW TITLE &endash; THIRD PARTY.
2 24 If a new title is to be issued to a third party who is
2 25 removing a valueless home, the county treasurer shall issue,
2 26 upon receipt of the affidavit required in section 555C.2, a
2 27 new title upon payment of a fee equal to the fee specified in
2 28 section 321.42 for replacement certificates of title for
2 29 vehicles. Any tax lien levied pursuant to chapter 435 is
2 30 canceled and the ownership interest of the previous owner or
2 31 occupant of the valueless home is terminated as of the date of
2 32 issuance of the new title. The new title owner shall take the
2 33 title free of all rights and interests even though the mobile
2 34 home park owner fails to comply with the requirements of this
2 35 chapter or any judicial proceedings, if the new title owner
3 1 acts in good faith.
3 2 Sec. 4. NEW SECTION. 555C.4 REMOVAL BY MOBILE HOME PARK
3 3 OWNER.
3 4 Unless the valueless home is to be titled in the name of a
3 5 third party, the mobile home park owner may dispose of a
3 6 valueless home and any personal property to a demolisher,
3 7 sanitary landfill, or other lawful disposal site under the
3 8 terms and conditions as the mobile home park owner shall
3 9 determine.
3 10 Sec. 5. NEW SECTION. 555C.5 LIABILITY LIMITED.
3 11 A person who removes or allows the removal of a valueless
3 12 home as provided in this chapter is not liable to the previous
3 13 owner of the valueless home due to the removal of the
3 14 valueless home.
3 15 Sec. 6. NEW SECTION. 555C.6 RIGHTS OF REAL PROPERTY
3 16 OWNER.
3 17 The rights provided in this chapter to a real property
3 18 owner are not exclusive of other rights of the real property
3 19 owner.
3 20 SF 226
3 21 tj/cc/26
Text: SF00225 Text: SF00227 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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