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13 <br /> <br />C. The History of § 327C.095 Affirms the State’s Construction of the Statute.5 <br />On February 11, 1991, the House of Representatives’ Housing Committee first took up <br />HF 172, sponsored by then-Rep. Alice Johnson. On February 19, the Senate considered the <br />companion bill, SF 164, sponsored by Sen. Gene Merriam. According to Rep. Johnson, “the <br />reason that this bill is here . . . is because I’m very interested in trying to protect and continue to . <br />. . have affordable housing available to people of the State of Minnesota.” (AGO Decl. Ex. 1, at <br />2-3.) Senator Merriam offered the same sentiment. (Id. Ex. 3, at 2-3.) The bill sponsors then <br />marshalled witnesses to testify to the realities of moving a manufactured home and the <br />importance of manufactured housing parks in fulfilling the State’s need for affordable housing. <br />(Id. Ex. 1 at 4-8, 9-11, Ex. 3 at 8-12.) This reinforces the clear intent described in section I.A <br />supra—i.e., to protect residents from displacement and provide them a meaningful opportunity <br />to purchase the park on the same terms as the developer. This was reiterated in final hearings <br />before the Senate Judiciary Committee. (Id. Exs. 5-8.) <br />Prompting the “marketability of title” condition, the February 11 House committee heard <br />from James Nielson, a real-estate attorney who expressed fears of widespread clouds on title: <br />The title problem is that . . . we can’t prove what property is a manufactured home park, <br />what property is not. We can’t prove what notices have been given or notices not given. <br />We can’t prove what the intent is of the people to change the use of their parks. <br />Therefore, [the statute] applies not only to manufactured home parks but it applies to <br />your vacant property. . . . It makes the title unmarketable; therefore, it can be argued by <br />some conservative attorneys that this bill will make all titles in the State of Minnesota <br />unmarketable. <br />(Id. Ex. 1 at 13, 15-16.) In direct response to this concern, Rep. Andrew Dawkins sponsored the <br />amendment that included subdivision 9’s limitation. (Id. at 13-14, 17-19, 21-23.) He addressed <br />                                                             <br />5 With this memorandum the State has filed a declaration (“AGO Decl.”) attaching all legislative history <br />retained by the Minnesota Historical Society related to HF 172/SF 164. <br />27-CV-16-9809 Filed in Fourth Judicial District Court <br />8/5/2016 8:53:55 AM <br />Hennepin County, MN