Howell Utah Violating 4th Amendment Rights of Mobile and Manufactured Home Owners?

we the people_sentinel-news-graphic=credit-posted-daily-business-news-mhpronews-com-Writing in the SentinelNews, Michael London spotlights a private property rights issue in the town of Howell, Utah where citizens who happen to own mobile or manufactured homes are claiming their 4th Amendment rights under the U.S. Constitution are being violated by the Howell Town Board.

London writes, “The town seeks to force the owners to have them removed from the property. This flies in the face of the fourth amendment that protects from unlawful searches and seizure of private property. What is also of concern is that it targets only mobile home owners— violating Utah’s Constitution, which states that all citizens must be treated equally under the eyes of the law.”

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London reports that an audio has surfaced of a discussion by board members which includes such phrases as the body wanna get rid of the bad ones,” and that “a lot of people are offended” by a particular home on private property. “In fact the ordinance itself is worded in a way that treats mobile home owners as second class citizens, subjecting those rules and regulations that which typical homeowners are not subjected.”

Box Elder County Building Inspector, Steve Bench, clarified that mobile homes are pre-HUD Code housing, those homes built before June 15, 1976 when modern manufactured housing began under federal law. Bench also said that by state law, anyone allowed to place a single family dwelling on a building site, must also allow a manufactured home placement. Further stipulations were added by Bench that may violate the federal preemption enjoyed by manufactured housing under the law (potentially related story, and HUD letter on preemption issue, linked here).

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Mayor Craig Hawkes asked the council if it wanted to proceed with sending a letter to these property owners. Councilman Dakota Tuck stated that he was not in favor of any threatening action. The council declined to sending of a letter. Councilman Rex Nessen said, “We need to turn around and put this in the owner’s lap“, offering to talk with owner before any action is taken. The council unanimously agreed.

London concludes by asserting there is a growing push-back nationally by those who see government encouragement cloaked as being in the people’s best interests. He cites another example involving factory-built housing.

For example take St. George where they are facing costly litigation for exactly what the Town of Howell is trying to do—treat mobile home owners differently and force them to comply with a different set of rules than traditional  homeowners. While the question is mobile homeowners today, it could very well be your home next that government  seeks to control or confiscate. Government overreach must be stopped, even in small town America.” ##

(Image credits: Sentinel News)

(Editor’s Note: If this is the only news story on manufactured housing a person read, they’d have a very inaccurate view of the evolution of factory built homes today, which viewing this linked CBS News video would begin to correct.)

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