CHAPTER 83 HOUSE BILL No. 2676 An Act relating to mobile and manufactured homes; amending K.S.A. 75-1230 and 75-1231 and repealing the existing sections. Be it enacted by the Legislature of the State of Kansas:

New Section 1. (a) For purposes of this section and unless the con-
text otherwise requires:

(1) ``Home'' means a mobile home or a manufactured home as de-
fined 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
other occupant of the home, which is located in the home, on the lot
where the home is located, in the immediate vicinity of the home or lot,
or in any storage area 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
including all 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,
and amendments thereto, and the home has not been removed.

(B) A lien of record, other than a tax lien, does not exist against the
home. A lien exists only if the real property owner receives notice of a
lien or a lien has been filed in the state or county records on a date before
the home is considered to be valueless.

(C) The value of the home and other personal property is equal to
or less than the reasonable cost of disposal plus all sums owing to the real
property owner pertaining to the home.

(b) An owner of a mobile home park may remove, or cause to be
removed, from the mobile home park a valueless home and personal
property associated with the home at any time following a determination
of abandonment as provided under K.S.A. 58-25,121, and amendments
thereto, and after notice has been provided pursuant to K.S.A. 58-227,
and amendments thereto. Within 10 days of foreclosure by the mobile
home park owner pursuant to subsection (c) of K.S.A. 58-227, and amend-
ments thereto, the mobile home park owner shall give written notice to
the county treasurer of the county in which the mobile home park is
located by affidavit which shall include a description of a valueless home,
its owner or occupant, if known, the date of removal, and if applicable,
the name and address of any third party to whom a new title should be
issued. A valueless home and any personal property associated with the
valueless home shall be conclusively deemed in value to be equal to or
less than the reasonable cost of disposal plus all sums owing to the mobile
home park owner pertaining to the valueless home, if the mobile home
park owner or an agent of the owner removes the home and personal
property to a demolisher, sanitary land fill or other lawful disposal site or
if the mobile home park owner allows a disinterested third party to re-
move the valueless home and personal property in a 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 a
valueless home, the director of vehicles shall issue, upon receipt of the
affidavit required in subsection (b), a new title upon payment of a fee
equal to the fee required for duplicate titles. Any tax lien levied is can-
celed and the ownership interest of the previous owner or occupant of
the valueless home is terminated as of the date of issuance of the new
title. The new title owner shall take the title free of all rights and interests
even though the mobile home park owner fails to comply with the
requirements of this section or any judicial 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 personal property to a demolisher, sanitary land fill or other lawful
disposal site under 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
as provided in this section is not liable to the previous owner of the
valueless home due to the removal of the valueless home.

(f) The rights provided in this section to a real property owner are
not exclusive of other rights of the real property owner.

Sec. 2. K.S.A. 75-1230 is hereby amended to read as follows: 75-
1230. (a) Approved tie downs shall be placed on a mobile home as follows:

(1) On any mobile home not less than thirty-six (36) 36 feet in length
and not more than fifty (50) 50 feet in length, three (3) frame tie downs
shall be placed on each side, or three (3) over-the-top tie downs shall be
used or any combination thereof approved by the secretary;

(2) On any mobile home more than fifty (50) 50 feet in length and
not more than seventy (70) 70 feet in length, four (4) frame tie downs
shall be placed on each side, or four (4) over-the-top tie downs shall be
used or any combination thereof approved by the secretary;

(3) On any mobile home more than seventy (70) 70 feet in length,
five (5) frame tie downs shall be placed on each side, or five (5) over-the-
top tie downs shall be used or any combination thereof approved by the
secretary;

(4) On any doublewide mobile home, not more than fifty (50) 50 feet
in length, three (3) frame tie downs shall be placed on each side or three
over-the-top tie downs shall be used, or any combination thereof ap-
proved by the secretary; and on any such mobile home more than fifty
(50) 50 feet in length, four (4) frame tie downs shall be used on each side
or four (4) over-the-top tie downs shall be used or any combination
thereof approved by the secretary.

(b) Whenever over-the-top tie downs are required on any mobile
home, one (1) tie down shall be placed as close to each end of the mobile
home as practicable, and the center tie down, if any, shall be located as
close to the center of the mobile home as possible. The distance between
all such adjacent tie downs shall be as nearly equal as practicable.

(c) Roof protectors shall be used with all over-the-top tie downs se-
curing mobile homes not equipped with such tie downs by the manufac-
turer. Roof protectors shall be made of rust-resistant material and placed
at stud and rafter locations on a mobile home.

(d) Over-the-top tie downs may be attached to the same ground an-
chor as frame tie downs.

Sec. 3. K.S.A. 75-1231 is hereby amended to read as follows: 75-
1231. (a) Foundations for piers shall be installed directly under the main
frame or chassis of the mobile home. All grass and organic material shall
be removed and the pier foundation placed on stable soil. The piers shall
not be farther apart than ten (10) 10 feet on centers, and the main frame,
front or face of the mobile home shall not extend farther than one (1)
foot beyond the center line of the end of the piers. Each pier foundation
shall consist of two (2) concrete blocks, and each such block shall be eight
(8) inches wide, eight (8) inches high and sixteen (16) 16 inches long or
shall be of such other material and design as approved by the secretary.

(b) Piers shall be constructed of either open cell or solid concrete
blocks, each of which shall be eight (8) inches wide, eight (8) inches high
and sixteen (16) 16 inches long, with open cells vertical or in combination
with solid concrete blocks which are two (2) inches thick, eight (8) inches
high and sixteen (16) 16 inches long placed above the foundation block.
A wood plate which is at least one (1) inch in actual thickness, eight (8)
inches wide and sixteen (16) 16 inches long shall be placed on top of the
pier, with weather proof wood shims, when needed, fitted and driven
tightly between the wood plate and the main frame. Such shims shall not
occupy more than one (1) inch of vertical space. Piers shall be installed
perpendicular to the I-beam. All piers over thirty (30) 30 inches in height,
measured from the top of the foundation block to the I-beam, shall be
double tiered with blocks interlocked and capped with a solid concrete
block, which shall be four (4) inches high, sixteen (16) 16 inches wide
and sixteen (16) 16 inches long, and cushioned with wood blocking as
required. Piers shall not exceed forty-eight (48) 48 inches in height, unless
designed by a registered professional engineer or architect. Piers also may
be constructed of other material and designs approved by the secretary.

Sec. 4. K.S.A. 75-1230 and 75-1231 are hereby repealed.

Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 7, 1998

__________