9-1132

9-1132. Procedure to establish right of
preference

A. Notwithstanding any other provision of law, a person who, together with his
predecessors in interest, has, for a period of five years immediately preceding the
application provided for in this article, been in actual or constructive possession of
and paid taxes on a parcel of land included within a townsite entered prior to February
14, 1912, may purchase the title or claim thereto which the trustee could, at the time of
the application assert or convey under any other provision of law by making an
application therefor to the trustee.

B. The application shall contain a detailed statement under oath as to possession
of the parcel and payment of taxes thereon and shall be accompanied by a filing fee of
one dollar for the application and an additional five dollars as the purchase price for
each parcel of land described by the application which shall be returned in event of
final determination that the applicant is not entitled to a deed. All contiguous lots or
portions of lots included in a single application shall be deemed to be one parcel of
land.

C. Upon filing the application, the trustee shall conduct a hearing thereon and
shall give notice thereof by publication in the same manner as provided in section
9-1131, and upon the hearing the trustee shall take evidence on the applicant's right of
preference. If the trustee finds the applicant and his predecessors in interest have
held possession of the land for five years immediately prior to filing the application
and have paid taxes thereon for a period of five years immediately prior to filing the
application, he shall execute and deliver his deed to the applicant, conveying the parcel
or parcels described in the application, upon the applicant paying to the trustee his
proportionate share of the cost of advertising as determined by the trustee.

D. If the application is denied or if conflicting applications are filed with the
trustee on or before the date of the hearing, the trustee shall proceed no further and
the applicant may, within ten days after denial or the date set for the hearing, bring an
action in the superior court against the trustee and any other applicant to determine his
right to a deed. No parcel of land embraced in such action shall be sold until the
action is determined.