12-1103. Disclaimer of interest and recovery
of costs; request for quit claim deed; disclaimer of interest by
state
A. If defendant, other than the state, appears and disclaims all right and title
adverse to plaintiff, he shall recover his costs.
B. If a party, twenty days prior to bringing the action to quiet title to real
property, requests the person, other than the state, holding an apparent adverse interest
or right therein to execute a quit claim deed thereto, and also tenders to him five
dollars for execution and delivery of the deed, and if such person refuses or neglects to
comply, the filing of a disclaimer of interest or right shall not avoid the costs and the
court may allow plaintiff, in addition to the ordinary costs, an attorney's fee to be
fixed by the court.
C. If, after appropriate investigation, it appears to the attorney general that the
state claims no right or title to the property adverse to plaintiff, he may file a
disclaimer of right and title.
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