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03-05-91 CCM
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03-05-91 CCM
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)rnstein <br />11 <br />pay the estimated market value of manufactured homes to <br />ain owners exceeds the authority of the statute. <br />Ordinances, like statutes, are presumed valid. They are not <br />to be overturned unless clearly invalid. City of St. Paul v. <br />Kekedakis, 293 Minn. 334, 199 N.W.2d 151, 153 (1972). Keeping <br />that in mind, the "lack of explicit statement in the statute may <br />hinder, but does not prevent, ascertainment of the meaning. <br />Often, . . . a statute speaks as plainly by inference and by <br />means of the purposes which underlie it as in any other manner." <br />State by Ervin v. Goodman, 206 Minn. 203, 207-08, 288 N.W. 157 <br />(1939). A statutory requirement encompasses "all such - <br />incidental, collateral, and subsidiary consequences as may be <br />fairly and logically inferred from its terms." Id. at 208. This <br />rule of construction is applicable to the interpretation of the <br />scope of authority granted in Minn. Stat. 5 327C.095. <br />The statute is broad in its grant of authority to <br />municipalities to require "additional compensation." Given this <br />broad authority, the ordinance provision requiring park <br />purchasers to pay to homeowners the estimated market value of <br />their homes in limited circumstances may be fairly and logically <br />inferred from the terms of the statute. That the ordinance <br />provides a cap on total compensation to homeowners of twenty <br />percent of the purchase price of a park appears to reflect the <br />mitigation purpose of the statute rather than an allowance for a <br />windfall to homeowners. Consequently, it is fair to say that the <br />ordinance, on its face, falls within the scope of authority of <br />the statute. <br />It is possible, however, that in its application to a given <br />set of circumstances, the ordinance may not be a reasonable _ <br />exercise of the express purpose of the additional compensation <br />provision of the statute. <br />Finally, you ask whether the city ordinance passed pursuant <br />to Minn. Stat. S 327C.095 violates the taking provisions of the <br />Minnesota and United States Constitutions.5 The same ad hoc <br />factual inquiry as I described above with respect to the statute <br />would apply to the ordinance as well. Therefore, as with the <br />question of the statute's constitutionality under the taking <br />clause, I am unable to give a concrete opinion as to whether the <br />5/ As I indicated with respect to the statute, a claim under the <br />federal constitution would likely be premature until state <br />remedies are exhausted. Williamson, 473 U.S. 172. <br />
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