Mobile Home Park Is Subject to Subdivision Requirements

In Kentucky, the intent is to give local government the power to control the subdivision of land in order to protect its citizens in matters of public safety, health, and welfare. These public concerns are just as apparent and necessary for persons holding subdivided property under a lease interest as for those holding under a deed or as to any other interest in any subdivided property. In reviewing substantially similar statutes and regulations, other state appellate courts have construed the language in harmony with this analysis. In City of Weslaco v. Carpenter, 694 S.W.2d 601 (Tex. Ct. App. 1985), the Texas Court of Appeals concluded that a mobile home park falls within the definition of the term "subdivision" regardless of whether the intent of the developer is to "sell" or "lease" individual mobile home sites. See also Cowboy Country Estates v. Ellis County, 692 S.W.2d 882 (Tex. Ct. App. 1985) (a mobile home park is a "subdivision" even though the owner has no intention of selling lots but instead intends only to lease them).