1108A 98th Legislative Session 1108
AMENDMENT 1108A
FOR
THE INTRODUCED BILL
Introduced by: Representative Weisgram
An Act to revise provisions related to abandoned mobile or manufactured homes.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 21-54-15 be AMENDED:
21-54-15.
If a mobile home
or manufactured home as defined in chapter 32-7A
has been abandoned and left on leased real property, the owner of
real property may sell
or dispose of
the mobile home or manufactured home under the provisions of this
chapter. A mobile home or manufactured home is considered abandoned
if the owner of the
mobile home or manufactured
home has not removed the home from the real property owner's land
within thirty days of the court issuing a writ of possession as
provided in chapter 21-16.
Upon issuance of the writ of possession by the court, the owner of
real property shall give
send
the owner of
the mobile home or manufactured home and any lienholder with a lien
properly noted pursuant to chapter 32-3,
written notice of intent to sell
or dispose of
the home pursuant to this chapter if the home is not removed from the
real property owner's property within thirty days. The notice shall
must
be sent to the
last known address of the
owner of the mobile home or manufactured home
at the owner's last known address.
The Department of Revenue shall promulgate rules pursuant to chapter
1-26
to prescribe a form for the written notice. Any written notice shall
be sent by certified mail. The
Any
sale is subject
to any taxes owed on the home and unpaid lot rent but such unpaid lot
rent lien may not exceed two month's lot rent at the price previously
agreed to by the owner of real property and owner of the mobile home
or manufactured home.
Section 2. That § 21-54-16 be AMENDED:
21-54-16. After the owner of the abandoned mobile home or manufactured home has been provided thirty days' written notice, and before the owner of real property proceeds with the sale or disposal of the abandoned mobile home or manufactured home, the owner of the real property shall provide written notice of intent to sell or dispose of the abandoned property to the county treasurer where the home is located. The Department of Revenue shall promulgate rules pursuant to chapter 1-26 to prescribe a form for the written notice. If the treasurer has not issued a distress warrant and informed the owner and any lien holder of real property of such issuance within thirty days of the notice required by this section, or the mobile home or manufactured home has not been removed by its owner or any lien holder within thirty days of the notice provided by § 21-54-15, the owner of real property may proceed with the sale or disposal pursuant to this chapter.
Section
3.
That § 21-54-17
be AMENDED:
21-54-17.
If
an abandoned mobile home or manufactured home fails to sell at a sale
held pursuant to this chapter, title to the mobile home or
manufactured home is irrevocably vested with the owner of the real
property. The owner of the real property on which the mobile home or
manufactured home resides, may obtain an abandoned title without
payment or obligation to pay any taxes owed on the home or any lien
on the home at the time of acquisition. However, if the owner of the
real property intends any use of the abandoned mobile home or
manufactured home other than disposal, the owner of the real property
may obtain an abandoned title after paying any taxes owed on the
home. The department shall promulgate rules pursuant to chapter 1-26
to prescribe a form that shall
must
be used to apply for the abandoned title.
Section 3. That chapter 21-54 be amended with a NEW SECTION:
If the owner of the real property intends to dispose of the mobile home or manufactured home in lieu of sale, the owner of the real property must first obtain an abandoned title after paying any taxes owed on the home.
Section 4. That § 21-54-18 be AMENDED:
21-54-18.
If an owner of the
real property obtains a title to a mobile home or manufactured home
pursuant to § 21-54-17,
the owner of the real property shall obtain a permit pursuant to
§ 32-5-16.3
to move the abandoned mobile home or manufactured home. If the owner
of the real property files an affidavit with the county treasurer
stating that the owner is going to move the abandoned mobile home or
manufactured home for the sole purpose of disposal.
If the owner of the real property obtains a title to a mobile home or
manufactured home pursuant to section 4 of this Act,
the county treasurer shall issue the permit provided by § 32-5-16.3
without receiving payment of the current year's taxes.
The Department of Revenue shall promulgate rules pursuant to chapter
1-26
to prescribe a form for the affidavit.
Underscores indicate new language.
Overstrikes
indicate deleted language.