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04/20/95 09:02 CITY OF BLOOMINGTON ADMIN DEPT - 93379310 NO.458 P003 <br /> Mr. Ornstein . <br /> Page 2 <br /> residents, violates the taking <br /> clauses of the Minnesota <br /> and United States Constitutions. <br /> 2 . Whether Minn. Stat. $ 327C.095 (1988) violates the <br /> equal protection clause of the United States <br /> Constitution. <br /> 3. Whether Minn. Stat. S 327C.095 (1988) authorizes a <br /> municipality to require a party other than the park <br /> owner to pay to a resident of the park the estimated <br /> market value oftoheanother parkdandme hasftenderedthe ltitle <br /> cannot relocatee <br /> to the home. <br /> on <br /> 4 . Whether an 1nance violatessuch <br /> thestaking icauseslof the <br /> ty <br /> Ordinance No. 89-57 <br /> Minnesota and United States Constitutions. <br /> you have previously discussed with Assistant <br /> n Attorney <br /> ytGeneral <br /> As ygenerally P <br /> Ken Reschke, this office does not g Gen. <br /> constitutionality of statutes and ordinances . 198. Atty. Gen. <br /> 629-a, May 9, 1975; lee Minn. Stat. S 555. 11 ( 1988) . <br /> r, I <br /> hope that the following discussion may be helpful to you. <br /> I. THE TAKING CLAUSES. <br /> Minn. Stat. S 327C.095, subd. 4, provides in part: <br /> change in use or anyr cessation of operation <br /> and as a condition of the change, the governing body may <br /> require a payment by the park ownei to be made to the <br /> displaced resident for .their reasonable relocation <br /> costs. If a resident cannot <br /> trrrelocate <br /> e the <br /> a 5home <br /> eto <br /> oadius <br /> another manufactured home dosed, the is <br /> of the park that is being residentan averageisof <br /> entitled to relocation costs based upon <br /> relocation costs awarded to other residents . <br /> overning body of the municipality mayalso <br /> require that other <br /> The g parties, including the municipality,involved in the park closing provide additional <br /> compensation to residents to mitigateadverse <br /> upon the the residents. <br /> financial impact of the park closing <br /> . 4 <br /> You have asked whether Minn. at. S 3270.095, iibdd United( 1988) , violates the taking clausesthis office, does not <br /> States Constitutions . As noted above, <br />