67-5-802. Mobile
Homes
(a) (1) Any movable structure and
appurtenance which is attached to real property by virtue of being on a
foundation, or being underpinned, or connected with any one (1) utility
service, such as electricity, natural gas, water, or telephone, shall be
assessed for tax purposes as real property as an improvement to the land
where located; however, in cases where the movable structures are attached
to land occupied and used as trailer or mobile home parks where the owner of
the land is renting spaces or lots for maintaining the movable structures,
the owner of the movable structures shall be responsible for the additional
tax imposed by reason of the improvement, and the owner of the land shall be
granted a lien against the movable structure to secure the payment of the
municipal and county taxes. Such lien shall constitute a first lien against
the movable structure and shall be the only lien granted to the owner of the
land without prior notification to any lienholder of record…….
(2) Any such tax shall be collectable by the
owner of the mobile home park on a fiscal year basis, or in the alternative, the
owner of the mobile home park shall have the right to collect the tax by the
month on a pro rata share, together with any monthly rents due the owner.
(b) (1) On or before March 1 of each year,
the assessor of property shall furnish to each owner of land used as a
mobile home park a schedule approved by the division of property
assessments, requiring the owner to list all movable structures as defined
in § 67-5-501, which were located on the owner's land as of the assessment
date. For purposes of this subsection, "mobile home park" means a parcel or
contiguous parcels under common ownership containing three (3) or more
rental spaces or lots for movable structures.
(2) It is the duty of each owner of land upon
which a movable structure is located to list each such structure, its make,
year, serial number, size, original cost and such other pertinent
information as may be required by the division of property assessments, sign
same and return it to the assessor of property on or before April 1 of each
year. The assessor of property shall furnish to each owner of land used as a
mobile home park a schedule of the assessed value of each moveable structure
on or before July 1 of each year.
(c) The provisions of this section shall
not apply to a movable structure being used as a temporary office at a
construction site if such movable structure is otherwise assessed.
(d) In order to assist assessors of
property in locating mobile homes and other movable structures which are
moved onto and attached to land, the state director of fire prevention shall
each month provide to assessors of property in the respective counties the
names of mobile home owners and the location of property for which
electrical inspections have been made.
(e) If the owner of land prevails in a
suit for reimbursement of taxes against the owner of a mobile home or other
movable structure located on the land, the owner of land shall be entitled
to recover the costs of suit including reasonable attorney's fees.
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