9-1117. Disposal of unclaimed lots
A. The grounds undisposed of within the townsite, the title of which remains in the
trustee, may be sold at public auction when he deems it advisable. He shall appoint
three persons to appraise the lots he desires to sell, and they shall take oath to
faithfully and impartially appraise the value of the lots, and shall each receive five
dollars per day for each day actually engaged.
B. Upon making the appraisement the trustee shall give notice of the sale by
publication. At the time and place specified in the notice the trustee shall offer the
lots for sale separately to the highest bidder, but for not less than the appraised value
thereof.
C. Any person who has actually settled and made improvements to the value of not
less than one hundred dollars on any lot, may make application to purchase the lot any
time before sale, and accompany his application with the amount of the appraised value
and five dollars for each lot as compensation for making the deed, which shall be
returned by the trustee, if it is finally determined that the party is not entitled to a
deed, after first deducting any costs or fees that may be due from the party.
D. The trustee shall hear proof as to the right of preference before executing his
deed. If the application is denied, the applicant may bring an action in the superior
court against the trustee and any adverse claimant to determine his right to a deed under
the application, and the lot shall not be sold until the action is determined.
E. The trustee shall execute a deed to the purchaser upon payment of the purchase
price, and five dollars for each lot sold, to be retained by the trustee as his
compensation. The fees for the trustee for applications for preferred right shall be
twenty cents per folio for filing and recording. Contests between applicants shall be
transferred to the superior court for determination.
F. The proceeds of the sales shall be applied to the payment of the costs and
expenses of sale and appraisal, and any surplus shall be paid as directed in this article
in the case of other surplus funds in the hands of the trustee.
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