58-4213. Valueless mobile home; notice; new title; liability.
58-4213
58-4213. Valueless mobile home; notice; new title;liability.(a) For purposes of this section and unless the contextotherwise requires:
(1) "Home" means a mobile home or a manufactured home as defined in K.S.A. 58-4202, and amendments thereto.
(2) "Mobile home park" means a mobile home park as defined in K.S.A.58-25,103, and amendments thereto.
(3) "Personal property" includes personal property of the owner or otheroccupant of the home, which is located in the home, on the lot where the homeis located, in the immediate vicinity of the home or lot, or in any storagearea provided by the real property owner for use of the home owner or occupant.
(4) "Valueless home" means a home located in a mobile home park includingall other personal property, where all of the following conditions exist:
(A) The home has been abandoned as provided in K.S.A. 58-25,121, andamendments thereto, and the home has not been removed.
(B) A lien of record, other than a tax lien, does not exist against thehome. A lien exists only if the real property owner receives notice of a lienor a lien has been filed in the state or county records on a date before thehome is considered to be valueless.
(C) The value of the home and other personal property is equal to or lessthan the reasonable cost of disposal plus all sums owing to the real propertyowner pertaining to the home.
(b) An owner of a mobile home park may remove, or cause to be removed, fromthe mobile home park a valueless home and personal property associated with thehome at any time following a determination of abandonment as provided underK.S.A. 58-25,121, and amendments thereto, and after notice has been providedpursuant to K.S.A. 58-227, and amendments thereto. Within 10 days offoreclosure by the mobile home park owner pursuant to subsection (c) of K.S.A.58-227, and amendments thereto, the mobile home park owner shall give writtennotice to the county treasurer of the county in which the mobile home park islocated by affidavit which shall include a description of a valueless home, itsowner or occupant, if known, the date of removal, and if applicable, the nameand address of any third party to whom a new title should be issued. Avalueless home and any personal property associated with the valueless homeshall be conclusively deemed in value to be equal to or less than thereasonable cost of disposal plus all sums owing to the mobile home park ownerpertaining to the valueless home, if the mobile home park owner or an agent ofthe owner removes the home and personal property to a demolisher, sanitary landfill or other lawful disposal site or if the mobile home park owner allows adisinterested third party to remove the valueless home and personal property ina transaction in which the mobile home park owner receives no consideration.
(c) If a new title is to be issued to a third party who is removing avalueless home, the director of vehicles shall issue, upon receipt of theaffidavit required in subsection (b), a new title upon payment of a fee equalto the fee required for duplicate titles. Any tax lien levied is canceled andthe ownership interest of the previous owner or occupant of the valueless homeis terminated as of the date of issuance of the new title. The new title ownershall take the title free of all rights and interests even though the mobilehome park owner fails to comply with the requirements of this section or anyjudicial proceedings, if the new title owner acts in good faith.
(d) Unless the valueless home is to be titled in the name of a third party,the mobile home park owner may dispose of a valueless home and any personalproperty to a demolisher, sanitary land fill or other lawful disposal siteunder the terms and conditions as the mobile home park owner shall determine.
(e) A person who removes or allows the removal of a valueless home asprovided in this section is not liable to the previous owner of the valuelesshome due to the removal of the valueless home.
(f) The rights provided in this section to a real property owner are notexclusive of other rights of the real property owner.
History: L. 1998, ch. 83, § 1; July 1.