Sec. 49-31. Actions against the state.
Sec. 49-31. Actions against the state. In any action to foreclose a mortgage or
lien on any land in which the state, or any officer or agent thereof, claims to have an
interest subordinate to that of the party seeking the foreclosure, the state, or such officer
or agent, as the case may be, may be made a party defendant, and such interest may be
foreclosed in the same manner and with the same effect as if such interest were held by
an individual, except that no judgment may be rendered against the state or any officer
or agent for money or costs of suit.
(1949 Rev., S. 7212.)
Cited. 206 C. 484. Section does not waive sovereign immunity so as to permit foreclosure of state-owned real property;
term "interest" should be construed narrowly so as not to include the state's ownership interest in real property because
to conclude otherwise would lead to the unreasonable and bizarre result of the state losing title and possession of state-owned properties critical to the administration of state government, contrary to the fundamental public policy that underlies
the principle of sovereign immunity. 273 C. 287.
Cited. 11 CA 53.