What Constitutes Abandonment of Mobile Home Property
Full Question:
Answer:
The following are MN statutes:
168B.011 DEFINITIONS.
Subdivision 1. Scope. The terms used in this chapter have the meanings given them in
this section.
Subd. 2. Abandoned vehicle.
(a) "Abandoned vehicle" means a motor vehicle, as defined in
section 169.01, that:
(1) has remained illegally:
(i) for a period of more than 48 hours on any property owned or controlled by a unit of
government, or more than four hours on that property when it is properly posted; or
(ii) on private property for a period of time, as determined under section 168B.04,
subdivision 2 , without the consent of the person in control of the property; and
(2) lacks vital component parts or is in an inoperable condition such that it has no substantial
potential for further use consistent with its usual functions, unless it is kept in an enclosed garage
or storage building.
(b) A classic car or pioneer car, as defined in section 168.10, is not considered an abandoned
vehicle.
(c) Vehicles on the premises of junk yards and automobile graveyards that are defined,
maintained, and licensed in accordance with section 161.242, or that are licensed and maintained
in accordance with local laws and zoning regulations, are not considered abandoned vehicles.
(d) A vehicle being held for storage by agreement or being held under police authority
or pursuant to a writ or court order is not considered abandoned, nor may it be processed as
abandoned while the police hold, writ, or court order is in effect.
Subd. 3. Junk vehicle. "Junk vehicle" means a vehicle that:
(1) is three years old or older;
(2) is extensively damaged, with the damage including such things as broken or missing
wheels, motor, drive train, or transmission;
(3) is apparently inoperable;
(4) does not have a valid, current registration plate; and
(5) has an approximate fair market value equal only to the approximate value of the scrap
in it.
Subd. 4. Unauthorized vehicle. "Unauthorized vehicle" means a vehicle that is subject to
removal and impoundment pursuant to section 168B.04, subdivision 2, or 169.041, but is not a
junk vehicle or an abandoned vehicle.
Subd. 5. Agency. "Agency" means the Minnesota Pollution Control Agency.
Subd. 6. Department. "Department" means the Minnesota Department of Public Safety.
Subd. 7. Impound. "Impound" means to take and hold a vehicle in legal custody. There are
two types of impounds, public and nonpublic.
Subd. 8. Impound lot operator or operator. "Impound lot operator" or "operator" means a
person who engages in impounding or storing, usually temporarily, unauthorized or abandoned
vehicles. "Operator" includes an operator of a public or nonpublic impound lot, regardless of
whether tow truck service is provided.
Subd. 9. Motor vehicle or vehicle. "Motor vehicle" or "vehicle" has the meaning given
motor vehicle in section 169.01.
Subd. 10. Motor vehicle waste. "Motor vehicle waste" means solid waste and liquid wastes
derived in the operation of or in the recycling of a motor vehicle, including such things as tires
and used motor oil, but excluding scrap metal.
Subd. 11. Nonpublic impound lot. "Nonpublic impound lot" means an impound lot that is
not a public impound lot.
Subd. 12. Public impound lot. "Public impound lot" means an impound lot owned by or
contracting with a unit of government under section 168B.09.
Subd. 13. Unit of government. "Unit of government" includes a state department or agency,
a special purpose district, and a county, statutory or home rule charter city, or town.
Subd. 14. Vital component parts. "Vital component parts" means those parts of a motor
vehicle that are essential to the mechanical functioning of the vehicle, including such things as
the motor, drive train, and wheels.
History: 1995 c 137 s 1168B.011 DEFINITIONS.
Subdivision 1. Scope. The terms used in this chapter have the meanings given them in
this section.
Subd. 2. Abandoned vehicle. (a) "Abandoned vehicle" means a motor vehicle, as defined in
section 169.01, that:
(1) has remained illegally:
(i) for a period of more than 48 hours on any property owned or controlled by a unit of
government, or more than four hours on that property when it is properly posted; or
(ii) on private property for a period of time, as determined under section 168B.04,
subdivision 2 , without the consent of the person in control of the property; and
(2) lacks vital component parts or is in an inoperable condition such that it has no substantial
potential for further use consistent with its usual functions, unless it is kept in an enclosed garage
or storage building.
(b) A classic car or pioneer car, as defined in section 168.10, is not considered an abandoned
vehicle.
(c) Vehicles on the premises of junk yards and automobile graveyards that are defined,
maintained, and licensed in accordance with section 161.242, or that are licensed and maintained
in accordance with local laws and zoning regulations, are not considered abandoned vehicles.
(d) A vehicle being held for storage by agreement or being held under police authority
or pursuant to a writ or court order is not considered abandoned, nor may it be processed as
abandoned while the police hold, writ, or court order is in effect.
Subd. 3. Junk vehicle. "Junk vehicle" means a vehicle that:
(1) is three years old or older;
(2) is extensively damaged, with the damage including such things as broken or missing
wheels, motor, drive train, or transmission;
(3) is apparently inoperable;
(4) does not have a valid, current registration plate; and
(5) has an approximate fair market value equal only to the approximate value of the scrap
in it.
Subd. 4. Unauthorized vehicle. "Unauthorized vehicle" means a vehicle that is subject to
removal and impoundment pursuant to section 168B.04, subdivision 2, or 169.041, but is not a
junk vehicle or an abandoned vehicle.
Subd. 5. Agency. "Agency" means the Minnesota Pollution Control Agency.
Subd. 6. Department. "Department" means the Minnesota Department of Public Safety.
Subd. 7. Impound. "Impound" means to take and hold a vehicle in legal custody. There are
two types of impounds, public and nonpublic.
Subd. 8. Impound lot operator or operator. "Impound lot operator" or "operator" means a
person who engages in impounding or storing, usually temporarily, unauthorized or abandoned
vehicles. "Operator" includes an operator of a public or nonpublic impound lot, regardless of
whether tow truck service is provided.
Subd. 9. Motor vehicle or vehicle. "Motor vehicle" or "vehicle" has the meaning given
motor vehicle in section 169.01.
Subd. 10. Motor vehicle waste. "Motor vehicle waste" means solid waste and liquid wastes
derived in the operation of or in the recycling of a motor vehicle, including such things as tires
and used motor oil, but excluding scrap metal.
Subd. 11. Nonpublic impound lot. "Nonpublic impound lot" means an impound lot that is
not a public impound lot.
Subd. 12. Public impound lot. "Public impound lot" means an impound lot owned by or
contracting with a unit of government under section 168B.09.
Subd. 13. Unit of government. "Unit of government" includes a state department or agency,
a special purpose district, and a county, statutory or home rule charter city, or town.
Subd. 14. Vital component parts. "Vital component parts" means those parts of a motor
vehicle that are essential to the mechanical functioning of the vehicle, including such things as
the motor, drive train, and wheels.
History: 1995 c 137 s 1
345.75 ABANDONED TANGIBLE PERSONAL PROPERTY.
The ownership of abandoned tangible personal property that is not subject to any other
provision of statute may be transferred as provided by this section.
If property has not been removed within six months after it comes into the possession of a
person, it is abandoned and shall become the property of the person in possession, after notice
to the prior owner. Thirty days' notice that the time period has elapsed and that the ownership
will be transferred at the end of the 30 days shall be given to the prior owner personally or by
certified mail, which is actually received. If the name of the prior owner is not known, and cannot
be ascertained with reasonable diligence, three weeks' published notice shall be given in the
county where the property is located. The prior owner or another person claiming an interest in
the property may petition the district court to stay the transfer of ownership for a reasonable
period to allow the removal of the property. The transfer is stayed while the petition is pending
before the court.
327C.08 REMOVAL AFTER REPOSSESSION.
A secured party who repossesses a manufactured home located in a park and then removes
the home from the lot owes the park owner rent for the period beginning when the secured party
accepts voluntary repossession or takes an action pursuant to sections 327.61 to 327.67 and ending
on the last day of the calendar month in which the home is removed. The secured party does not
owe the park owner any lot rent or other charges which accrued prior to the time the secured party
accepted voluntary repossession or took action pursuant to sections 327.61 to 327.67, if:
(a) Within seven days after accepting voluntary repossession or taking action pursuant to
sections 327.61 to 327.67, the secured party notifies the park owner in writing that the home
is being repossessed;
(b) During a proceeding for repossession pursuant to sections 327.61 to 327.67 or chapter
565, the secured party pays each month's lot rent as the rent becomes due; and
(c) Within seven days of accepting voluntary repossession or obtaining a court order for
repossession, the secured party removes the home from the park.
If the secured party fails to meet any of these conditions, the secured party shall also be liable
to the park owner for all overdue rent, not to exceed three months and not including late fees or
other charges, owed to the park owner on account of the home.
This section does not affect any liability or obligation which a secured party may have to a
park owner who pursuant to a writ of restitution has removed a home from a lot and stored
the home.
History: 1982 c 526 art 2 s 8