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2007 Minnesota Statutes

This is a historical version of this statute section. Also view the most recent published version.

273.125 ASSESSMENT OF MANUFACTURED HOMES.
    Subdivision 1. Valuation; notice. Subdivisions 1 to 7 apply to manufactured homes that
are assessed under subdivision 8, paragraph (c). Each manufactured home must be valued each
year by the assessor and assessed with reference to its value on January 2 of that year. Notice of
the value must be mailed to the person to be assessed at least ten days before the meeting of the
local board of review or equalization. The notice must contain the amount of valuation in terms of
market value, the assessor's office address, and the date, place, and time set for the meeting of the
local board of review or equalization and the county board of equalization.
    Subd. 2. Return assessment books; set tax. On or before May 1, the assessor shall return
to the county auditor the assessment books relating to the assessment of manufactured homes.
After receiving the assessment books, the county auditor shall determine the tax to be due by
applying the rate of levy of the preceding year and shall send a list of the taxes to the county
treasurer by May 30.
    Subd. 3. Tax statements; penalties; collections. Not later than July 15 in the year
of assessment the county treasurer shall mail to the taxpayer a statement of tax due on a
manufactured home. The taxes are due on the last day of August, or 20 days after the postmark
date on the envelope containing the property tax statement, whichever is later, except that if
the tax exceeds $50, one-half of the amount due may be paid on August 31, or 20 days after
the postmark date on the envelope containing the property tax statement, whichever is later,
and the remainder on November 15. Taxes remaining unpaid after the due date are delinquent,
and a penalty of eight percent must be assessed and collected as part of the unpaid taxes. The
tax statement must contain a sentence notifying the taxpayer that the title to the manufactured
home cannot be transferred unless the property taxes are paid.
    Subd. 4. Petitions of grievance. A person who claims that the person's manufactured home
has been unfairly or unequally assessed, or that the property has been assessed at a valuation
greater than its real or actual value, or that the tax levied against it is illegal, in whole or in part, or
has been paid, or that the property is exempt from the tax so levied, may have the validity of the
claim, defense, or objection determined in court. The determination must be made by the district
court of the county in which the tax is levied or by the Tax Court. A person can request the
determination by filing a petition for it in the office of the court administrator of the district court
on or before October 1 of the year in which the tax becomes payable. A petition for determination
under this section may be transferred by the district court to the Tax Court.
    Subd. 5. Continuing with petition. The right to continue prosecution of the petition is
conditioned upon the payment of the tax when due unless the court permits the petitioner to
continue without payment, or with a reduced payment, under section 278.03, subdivision 2. Upon
ten days' notice to the county attorney and to the county auditor, given at least ten days before the
last day of August, the petitioner may apply to the court for permission to continue prosecution of
the petition without payment or with a reduced payment.
    Subd. 6. Correcting tax. If the local board of review or equalization or the county board of
equalization changes the assessor's valuation of a manufactured home, the change must be sent to
the county auditor. The auditor shall immediately recompute the tax and advise the treasurer of
the corrected tax. If the property is entitled to homestead classification, the auditor shall reduce
the tax accordingly.
    Subd. 7. Personal property. The tax assessed on manufactured homes is a personal property
tax. Laws relating to assessment, review, and collection of personal property taxes apply to this
tax, if consistent with this section.
    Subd. 8. Manufactured homes; sectional structures. (a) In this section, "manufactured
home" means a structure transportable in one or more sections, which is built on a permanent
chassis, and designed to be used as a dwelling with or without a permanent foundation when
connected to the required utilities, and contains the plumbing, heating, air conditioning, and
electrical systems in it. Manufactured home includes any accessory structure that is an addition or
supplement to the manufactured home and, when installed, becomes a part of the manufactured
home.
(b) Except as provided in paragraph (c), a manufactured home that meets each of the
following criteria must be valued and assessed as an improvement to real property, the appropriate
real property classification applies, and the valuation is subject to review and the taxes payable in
the manner provided for real property:
(1) the owner of the unit holds title to the land on which it is situated;
(2) the unit is affixed to the land by a permanent foundation or is installed at its location
in accordance with the Manufactured Home Building Code in sections 327.31 to 327.34, and
rules adopted under those sections, or is affixed to the land like other real property in the taxing
district; and
(3) the unit is connected to public utilities, has a well and septic tank system, or is serviced
by water and sewer facilities comparable to other real property in the taxing district.
(c) A manufactured home that meets each of the following criteria must be assessed at the rate
provided by the appropriate real property classification but must be treated as personal property,
and the valuation is subject to review and the taxes payable in the manner provided in this section:
(1) the owner of the unit is a lessee of the land under the terms of a lease, or the unit is
located in a manufactured home park but is not the homestead of the park owner;
(2) the unit is affixed to the land by a permanent foundation or is installed at its location
in accordance with the Manufactured Home Building Code contained in sections 327.31 to
327.34, and the rules adopted under those sections, or is affixed to the land like other real property
in the taxing district; and
(3) the unit is connected to public utilities, has a well and septic tank system, or is serviced
by water and sewer facilities comparable to other real property in the taxing district.
(d) Sectional structures must be valued and assessed as an improvement to real property if
the owner of the structure holds title to the land on which it is located or is a qualifying lessee
of the land under section 273.19. In this paragraph "sectional structure" means a building or
structural unit that has been in whole or substantial part manufactured or constructed at an off-site
location to be wholly or partially assembled on-site alone or with other units and attached to a
permanent foundation.
(e) The commissioner of revenue may adopt rules under the Administrative Procedure Act to
establish additional criteria for the classification of manufactured homes and sectional structures
under this subdivision.
(f) A storage shed, deck, or similar improvement constructed on property that is leased or
rented as a site for a manufactured home, sectional structure, park trailer, or travel trailer is
taxable as provided in this section. In the case of property that is leased or rented as a site for a
travel trailer, a storage shed, deck, or similar improvement on the site that is considered personal
property under this paragraph is taxable only if its total estimated market value is over $500. The
property is taxable as personal property to the lessee of the site if it is not owned by the owner
of the site. The property is taxable as real estate if it is owned by the owner of the site. As a
condition of permitting the owner of the manufactured home, sectional structure, park trailer, or
travel trailer to construct improvements on the leased or rented site, the owner of the site must
obtain the permanent home address of the lessee or user of the site. The site owner must provide
the name and address to the assessor upon request.
History: 1993 c 375 art 3 s 15; 2000 c 490 art 5 s 11; 2002 c 377 art 4 s 15; art 9 s
3; 1Sp2005 c 3 art 1 s 13

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