1.    Upon approval of the mobile home park owner, the owner of a mobile home located in the park may construct a storm shelter in the mobile home park. The approval must be in writing and must include the type, location, and use of the shelter, and an agreement between the park owner and the mobile home owner concerning ownership and maintenance of the shelter.

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Terms Used In North Dakota Code 47-06-04.1

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49

2.    Notwithstanding section 47-06-04, the agreement between the owner of the mobile home and the park owner must provide that the owner of the mobile home is the owner of the shelter and may remove the shelter provided the land is returned to its original condition during any time that person owns the mobile home.

3.    The shelter owner may transfer ownership of the shelter to either a person who purchases the mobile home or to the mobile home park owner. The transfer must be in writing; must include the type, location, and use of the shelter; must include the maintenance responsibilities of the parties; and must be signed by both parties. If a mobile home owner transfers the shelter to a purchaser of the mobile home, the terms    of the transfer must be the same as the terms of the agreement between the park owner and the mobile home owner required under subsection 1.

a.    If a suitable price cannot be agreed upon with the mobile home park owner, the shelter owner is deemed to have transferred the ownership and maintenance responsibilities of the shelter to the park owner without cost, unless the shelter is removed or the shelter is transferred to a purchaser of the mobile home as provided in this section.

b.    If the park owner is unwilling to assume ownership of the shelter, the park owner may require the mobile home owner to remove the shelter and return the land to its original condition.

4.    The park owner is not liable for any injury or damages that may occur to the mobile home owner as a result of the installation or use of the mobile home storm shelter.

5.    All shelters must meet with the approval of local governing bodies.