Legislation
SECTION 795
Judgment and warrant
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 7-B
§ 795. Judgment and warrant. 1. Upon the issuance of a declaration
that a manufactured home has been abandoned pursuant to this article,
and upon motion of the manufactured home park owner or operator, the
court shall issue a warrant directed to the sheriff of the county or to
any constable or marshal of the city in which the property, or a portion
thereof, is situated, or if it is not situated in a city, to any
constable of any town in the county, describing the manufactured home
and commanding the officer to remove the home from the manufactured home
park within thirty days of delivery of the warrant. The actual cost of
removing and subsequent destruction of the home shall be a charge
against the manufactured home park owner or operator.
2. The warrant shall clearly recite that a declaration of abandonment
has been granted and that the home will be removed from the manufactured
home park no later than the thirtieth day after the delivery of the
order.
3. In lieu of ordering the sheriff to remove the home, the court may,
upon good cause shown, provide for an alternate disposition of the home,
including, but not limited to destruction; provided, however, that if
the court provides for the sale of the home, and the sale price exceeds
any amounts owed to the manufactured home park owner or operator, the
excess shall be held in escrow for the benefit of the home owner. This
subdivision shall not be construed to require the manufactured home park
owner or operator to post a bond to secure the homeowner's equity in the
home nor shall it be construed to require the manufactured home park
owner or operator to store the home on the premises of the manufactured
home park.
4. To the extent that any household goods or other personal property
of the respondent remain in the home at the time of its disposition
hereunder, the manufactured home community owner or operator shall
provide for the storage of such household goods and personal property
for a period of not less than three months from the date of the final
order of the court providing for the disposition of the home. In the
event that the household goods or other personal property are stored in
a self-storage facility, an amount equal to the charges imposed for such
storage may be recovered from the respondent. Upon the expiration of
such period, the community owner or operator (a) shall have no further
liability for the storage or safekeeping of such household goods or
personal property, and (b) may provide for the destruction or other
disposition of such household goods or personal property.
that a manufactured home has been abandoned pursuant to this article,
and upon motion of the manufactured home park owner or operator, the
court shall issue a warrant directed to the sheriff of the county or to
any constable or marshal of the city in which the property, or a portion
thereof, is situated, or if it is not situated in a city, to any
constable of any town in the county, describing the manufactured home
and commanding the officer to remove the home from the manufactured home
park within thirty days of delivery of the warrant. The actual cost of
removing and subsequent destruction of the home shall be a charge
against the manufactured home park owner or operator.
2. The warrant shall clearly recite that a declaration of abandonment
has been granted and that the home will be removed from the manufactured
home park no later than the thirtieth day after the delivery of the
order.
3. In lieu of ordering the sheriff to remove the home, the court may,
upon good cause shown, provide for an alternate disposition of the home,
including, but not limited to destruction; provided, however, that if
the court provides for the sale of the home, and the sale price exceeds
any amounts owed to the manufactured home park owner or operator, the
excess shall be held in escrow for the benefit of the home owner. This
subdivision shall not be construed to require the manufactured home park
owner or operator to post a bond to secure the homeowner's equity in the
home nor shall it be construed to require the manufactured home park
owner or operator to store the home on the premises of the manufactured
home park.
4. To the extent that any household goods or other personal property
of the respondent remain in the home at the time of its disposition
hereunder, the manufactured home community owner or operator shall
provide for the storage of such household goods and personal property
for a period of not less than three months from the date of the final
order of the court providing for the disposition of the home. In the
event that the household goods or other personal property are stored in
a self-storage facility, an amount equal to the charges imposed for such
storage may be recovered from the respondent. Upon the expiration of
such period, the community owner or operator (a) shall have no further
liability for the storage or safekeeping of such household goods or
personal property, and (b) may provide for the destruction or other
disposition of such household goods or personal property.