15-1-116. Manufactured home considered as improvement to real property -- requirements. (1) A manufactured home will be considered for tax purposes an improvement to real property if:
     (a) the running gear is removed; and
     (b) the manufactured home is attached to a permanent foundation on land that is owned or being purchased by the owner of the manufactured home or, if the land is owned by another person, with the permission of the landowner.
     (2) To eliminate a manufacturer's certificate of origin properly assigned to an owner or a certificate of title of a manufactured home, an owner may file a statement of intent on a form furnished by the department of justice.
     (3) The statement of intent must include:
     (a) the serial number of the manufactured home;
     (b) the legal description of the real property to which the manufactured home has been permanently attached;
     (c) a description of any security interests in the manufactured home; and
     (d) approval from all lienholders of the intent to eliminate the certificate of title.
     (4) (a) The owner shall present the statement of intent to the county treasurer of the county in which the manufactured home is located and shall surrender the certificate of title. Upon payment of the fee required in 61-3-203, the county treasurer shall:
     (i) enter the transfer of interest on the electronic record of title;
     (ii) issue the owner a transaction summary receipt; and
     (iii) forward the statement of intent and the surrendered certificate of title to the department of justice.
     (b) The county treasurer may not issue the receipt unless all taxes, interest, and penalties on the manufactured home have been paid in full. The county treasurer shall remit the fee to the department for deposit in the state general fund.
     (5) Upon the recording of the statement of intent and the receipt of surrender, the manufactured home may not be physically removed without the consent of all persons who have an interest in the manufactured home.
     (6) A manufactured home that has been declared an improvement to real property in accordance with this section must be treated by the department and by lending institutions in the same manner as any other residence that is classified as an improvement.

     History: En. Sec. 2, Ch. 200, L. 1997; amd. Sec. 5, Ch. 257, L. 2001; amd. Sec. 3, Ch. 13, Sp. L. August 2002; amd. Sec. 14, Ch. 477, L. 2003.