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Attorney General Marty Jackley

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OFFICIAL OPINION NO. 86-36, Reduction of property tax on dwelling owned by paraplegic

August 27, 1986

Mr. Robert A. Sambroak, Jr. 
Jackson County State's Attorney 
Box 400 
Kadoka, South Dakota 57543

Official Opinion No. 86-36

Reduction of property tax on dwelling owned by paraplegic

Dear Mr. Sambroak:

You have requested my official opinion on the following factual situation:

FACTS: 

A county resident, who is a paraplegic with a low income, has applied to the Jackson County Commissioners for a property tax abatement pursuant to SDCL 10-4-24.11.  The applicant meets the income guidelines set forth in SDCL 10-4-24-12 and SDCL 10-4-24.13. The applicant, however, lives in a mobile home.

Concerning this you have asked the following question:

QUESTION: 

Is a mobile home a 'dwelling' as defined in SDCL 10-4-24.9 for the purpose of allowing a paraplegic a tax reduction?

IN RE QUESTION:

While you have not given any information as to the particular type of a mobile home involved I am going to go on the assumption that it is of the nature defined in SDCL 34-34A-1(6) as 'a movable or portable unit, designed and constructed to be towed on its own classis (comprised of frame and wheels), and designed to be connected to utilities for year-round occupancy.  . . .'

Dwelling is not otherwise defined in our code, however, Black's Law  Dictionary defines 'dwelling house' as 'the house in which a man lives with his family; a residence; abode; habitation; the apartment or building, or group of buildings, occupied by a family as a place of residence.'

It is my opinion that so long as this 'mobile home' is used as a residence, abode, a habitation, etc., that it is sufficiently qualified under SDCL 10-4-24.9 to 10-4-24.13 to be considered for property exemption assuming the other criteria is met.

Respectfully submitted,

Mark V. Meierhenry
Attorney General