1999 Minnesota Statutes

     327C.095 Park closings. 

    Subdivision 1.    Conversion of use; minimum notice.  At 
 least nine months before the conversion of all or a portion of a 
 manufactured home park to another use, or before closure of a 
 manufactured home park or cessation of use of the land as a 
 manufactured home park, the park owner must prepare a closure 
 statement and provide a copy to the local planning agency and a 
 copy to a resident of each manufactured home where the 
 residential use is being converted.  A resident may not be 
 required to vacate until 60 days after the conclusion of the 
 public hearing required under subdivision 4.  If a lot is 
 available in another section of the park that will continue to 
 be operated as a park, the park owner must allow the resident to 
 relocate the home to that lot unless the home, because of its 
 size or local ordinance, is not compatible with that lot. 

    Subd. 2.    Notice of hearing; proposed change in land 
 use.  If the planned conversion or cessation of operation 
 requires a variance or zoning change, the municipality must mail 
 a notice at least ten days before the hearing to a resident of 
 each manufactured home in the park stating the time, place, and 
 purpose of the public hearing.  The park owner shall provide the 
 municipality with a list of the names and addresses of at least 
 one resident of each manufactured home in the park at the time 
 application is made for a variance or zoning change. 

    Subd. 3.    Closure statement.  Upon receipt of the 
 closure statement from the park owner, the local planning agency 
 shall submit the closure statement to the governing body of the 
 municipality and request the governing body to schedule a public 
 hearing.  The municipality must mail a notice at least ten days 
 before the hearing to a resident of each manufactured home in 
 the park stating the time, place, and purpose of the public 
 hearing.  The park owner shall provide the municipality with a 
 list of the names and addresses of at least one resident of each 
 manufactured home in the park at the time the closure statement 
 is submitted to the local planning agency. 

    Subd. 4.    Public hearing; relocation costs.  The 
 governing body of the municipality shall hold a public hearing 
 to review the closure statement and any impact that the park 
 closing may have on the displaced residents and the park owner.  
 Before any change in use or cessation of operation and as a 
 condition of the change, the governing body may require a 
 payment by the park owner to be made to the displaced resident 
 for the reasonable relocation costs.  If a resident cannot 
 relocate the home to another manufactured home park within a 25 
 mile radius of the park that is being closed, the resident is 
 entitled to relocation costs based upon an average of relocation 
 costs awarded to other residents.  

    The governing body of the municipality may also require 
 that other parties, including the municipality, involved in the 
 park closing provide additional compensation to residents to 
 mitigate the adverse financial impact of the park closing upon 
 the residents. 

    Subd. 5.    Park conversions.  If the planned cessation 
 of operation is for the purpose of converting the part of the 
 park occupied by the resident to a common interest community 
 pursuant to chapter 515B, the provisions of section 515B.4-111, 
 except subsection (a), shall apply.  The nine-month notice 
 required by this section shall state that the cessation is for 
 the purpose of conversion and shall set forth the rights 
 conferred by this subdivision and section 515B.4-111, subsection 
 (b).  Not less than 120 days before the end of the nine months, 
 the park owner shall serve upon the resident a form of purchase 
 agreement setting forth the terms of sale contemplated by 
 section 515B.4-111, subsection (d).  Service of that form shall 
 operate as the notice described by section 515B.4-111, 
 subsection (a). 

    Subd. 6.    Intent to convert use of park at time of 
 purchase.  Before the execution of an agreement to purchase a 
 manufactured home park, the purchaser must notify the park 
 owner, in writing, if the purchaser intends to close the 
 manufactured home park or convert it to another use within one 
 year of the execution of the agreement.  The park owner shall 
 provide a resident of each manufactured home with a 45-day 
 written notice of the purchaser's intent to close the park or 
 convert it to another use.  The notice must state that the park 
 owner will provide information on the cash price and the terms 
 and conditions of the purchaser's offer to residents requesting 
 the information.  The notice must be sent by first class mail to 
 a resident of each manufactured home in the park.  The notice 
 period begins on the postmark date affixed to the notice and 
 ends 45 days after it begins.  During the notice period required 
 in this subdivision, the owners of at least 51 percent of the 
 manufactured homes in the park or a nonprofit organization which 
 has the written permission of the owners of at least 51 percent 
 of the manufactured homes in the park to represent them in the 
 acquisition of the park shall have the right to meet the cash 
 price and execute an agreement to purchase the park for the 
 purposes of keeping the park as a manufactured housing 
 community.  The park owner must accept the offer if it meets the 
 cash price and the same terms and conditions set forth in the 
 purchaser's offer except that the seller is not obligated to 
 provide owner financing.  For purposes of this section, cash 
 price means the cash price offer or equivalent cash offer as 
 defined in section 500.245, subdivision 1, paragraph (d). 

    Subd. 7.    Intent to convert use of park after purchase. 
  If the purchaser of a manufactured home park decides to 
 convert the park to another use within one year after the 
 purchase of the park, the purchaser must offer the park for 
 purchase by the residents of the park.  For purposes of this 
 subdivision, the date of purchase is the date of the transfer of 
 the title to the purchaser.  The purchaser must provide a 
 resident of each manufactured home with a written notice of the 
 intent to close the park and all of the owners of at least 51 
 percent of the manufactured homes in the park or a nonprofit 
 organization which has the written permission of the owners of 
 at least 51 percent of the manufactured homes in the park to 
 represent them in the acquisition of the park shall have 45 days 
 to execute an agreement for the purchase of the park at a cash 
 price equal to the original purchase price paid by the purchaser 
 plus any documented expenses relating to the acquisition and 
 improvement of the park property, together with any increase in 
 value due to appreciation of the park.  The purchaser must 
 execute the purchase agreement at the price specified in this 
 subdivision and pay the cash price within 90 days of the date of 
 the purchase agreement.  The notice must be sent by first class 
 mail to a resident of each manufactured home in the park.  The 
 notice period begins on the postmark date affixed to the notice 
 and ends 45 days after it begins. 

    Subd. 8.    Required filing of notice.  Subdivisions 6 
 and 7 apply to manufactured home parks upon which notice has 
 been filed with the county recorder or registrar of titles in 
 the county where the manufactured home park is located.  Any 
 person may file the notice required under this subdivision with 
 the county recorder or registrar of titles.  The notice must be 
 in the following form: 

                  "MANUFACTURED HOME PARK NOTICE

        THIS PROPERTY IS USED AS A MANUFACTURED HOME PARK

             .......................................

                            PARK OWNER

             .......................................

             .......................................

             .......................................

                    LEGAL DESCRIPTION OF PARK

             .......................................

             COOPERATIVE ASSOCIATION (IF APPLICABLE)"

    Subd. 9.    Effect of noncompliance.  If a manufactured 
 home park is finally sold or converted to another use in 
 violation of subdivision 6 or 7, the residents do not have any 
 continuing right to purchase the park as a result of that sale 
 or conversion.  A violation of subdivision 6 or 7 is subject to 
 section 8.31, except that relief shall be limited so that 
 questions of marketability of title shall not be affected. 

    Subd. 10.    Exclusion.  Subdivisions 6 and 7 do not 
 apply to: 

    (1) a conveyance of an interest in a manufactured home park 
 incidental to the financing of the manufactured home park; 

    (2) a conveyance by a mortgagee subsequent to foreclosure 
 of a mortgage or a deed given in lieu of a foreclosure; or 

    (3) a purchase of a manufactured home park by a 
 governmental entity under its power of eminent domain. 

    Subd. 11.    Affidavit of compliance.  After a park is 
 sold, a park owner or other person with personal knowledge may 
 file an affidavit with the county recorder or registrar of 
 titles in the county in which the park is located certifying 
 compliance with subdivision 6 or 7 or that subdivisions 6 and 7 
 are not applicable.  The affidavit may be used as proof of the 
 facts stated in the affidavit.  A person acquiring an interest 
 in a park or a title insurance company or attorney who prepares, 
 furnishes, or examines evidence of title may rely on the truth 
 and accuracy of statements made in the affidavit and is not 
 required to inquire further as to the park owner's compliance 
 with subdivisions 6 and 7.  When an affidavit is filed, the 
 right to purchase provided under subdivisions 6 and 7 terminate, 
 and if registered property, the registrar of titles shall delete 
 the memorials of the notice and affidavit from future 
 certificates of title. 

    HIST: 1987 c 179 s 10; 1991 c 26 s 1-7; 1997 c 126 s 6; 1999 c 
 11 art 3 s 10