Section 206. Petition for release of escheated lands  


Latest version.
  •   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.