Abandoned Property - Escheat of Real Property - Petition for release of escheated lands


Published: 2014-09-22

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§ 206. Petition for release of escheated lands. 1. Where there is
good reason to believe that real property shall have escheated to the
state and final judgment shall not have been entered as hereinbefore
provided, a petition for the release to the petitioner of any interest
in real property believed to have escheated to the state by reason of
the failure of heirs or the incapacity, for any reason except infancy or
mental incompetency, of any of the petitioner's alleged predecessors in
interest to take such property by devise or otherwise, or to convey the
same or by reason of the alienage of any person, who but for such
alienage would have succeeded to such interest, may be presented to the
commissioner of general services within forty years after such escheat.
Such petition may be presented:

a. By any person who would have succeeded to such interest but for his
alienage or the alienage of another person, or

b. By the surviving husband, widow, stepfather, stepmother or adopted
child of the person whose interest has so escheated, or

c. By the purchaser at a judicial sale or sheriff's sale on execution,
or

d. By an heir, devisee, assignee, grantee, immediate or remote, or
executor of any person, who but for his death, assignment or grant could
present such petition, or the alleged grantee of any person or of any
association or body, whether incorporated or not, who or which would
have succeeded by devise or otherwise to the title of such person but
for his alienage or a legal incapacity to take or convey the property so
escheated, or

e. By a person having a contract to purchase made prior to the date of
escheat with the person whose interest shall have escheated.

2. Such petition shall be verified by each petitioner in the same
manner as a pleading in a court of record may be verified, and shall
allege:

a. The name and residence of each person owning any interest in such
real property immediately prior to the escheat;

b. The name and residence of each petitioner and the circumstances
which entitle him to present such petition;

c. The name and place of residence of every person who would have
succeeded to any such interest but for his alienage or the alienage of
another or any other rule of legal incapacity hereinabove mentioned
affecting an attempted transfer of such interest to such person or to or
by any of his alleged predecessors in interest;

d. The description and value, at the date of the verification of the
petition, of such real property sought to be released;

e. The description and value, at the date of the verification of the
petition, of all the property of every such owner, which shall have
escheated to the people of the state by reason of failure of heirs or
alienage and which shall not then have been released or conveyed by the
state;

f. The name and residence of each person having or claiming an
interest in such real property at the date of the verification of the
petition and the nature and value of such interest;

g. Any special facts or circumstances by reason of which it is claimed
that such interest should be released to the petitioner;

h. The name and residence of each person in possession or occupation
of the premises and the nature, if any, of the interest of such person;

i. The name and residence of each person having filed a protest with
the commissioner of general services under the provisions of section two
hundred ten.

Such petition may be filed within sixty days after its verification
with the office of general services.