Section 1901. Release of rents reserved by leases in perpetuity  


Latest version.
  • 1.  Any
      person interested in lands held under a lease in perpetuity, upon  which
      no  rent  has  been  paid  for  at  least  twenty years, may present his
      petition to the courts mentioned in  this  section  asking  that  it  be
      declared that the rents and reversion have been released to the owner of
      the  fee.  Such petition shall be verified, shall describe the lease and
      allege that the rents and reversion have been released, and shall  state
      such  facts as the petitioner can ascertain relative to the execution of
      a release and the identity of the persons who  would  otherwise  be  the
      present  owners  of  the  rents  and  reversion and the last known owner
      thereof.
        2. Such petition may be presented to  the  supreme  court  or  to  the
      county  court  of the county where the lands are situated. The court may
      thereupon order all persons interested to show cause at a  certain  time
      and  place  why  the  rents and reversion should not be declared to have
      been released.  A description of the lease and  lands  affected  thereby
      and the name of the last known owner of the rents and reversion shall be
      specified  in  such  order,  and  the  order  shall be published in such
      newspaper or newspapers and for such time as the court shall direct. The
      court may also direct the  order  to  be  personally  served  upon  such
      persons as it shall designate.
        3.  The court may issue commissions to take the testimony of witnesses
      and may refer the petition to a referee to take and report proofs of the
      facts stated in the petition. Upon  being  satisfied  that  the  matters
      alleged  in the petition are true, the court may make an order declaring
      that the rents and reversion have been released to the owner of the fee.
      The nonpayment of rent under any such lease for twenty  years  shall  be
      presumptive evidence of such a release.
        4.  The  entry  of such order in the office of the clerk of the county
      where such lands are situated shall have the same effect as a release of
      such rents and reversion to such owner then duly executed and  recorded.
      The  county clerk shall note on the margin of the record of the original
      lease a minute of the entry of such order.