446.175. Land patent not issued by state, owner may acquire, requirements.
Land patent not issued by state, owner may acquire, requirements.
446.175. 1. Any person owning land for which a patentshould have been issued by the state but was not may acquire apatent for such land by:
(1) Proving, by affidavits or otherwise, to the satisfactionof the secretary of state, that he, or someone under whom heclaims title, purchased the land for which the patent is soughtfrom the state and that the state has been paid for such land;and
(2) Proving, by affidavits of two disinterested householdersof the township in which the land for which a patent is sought islocated, that he, and those under whom he claims title, have beenin open, notorious, exclusive, continuous, adverse, and hostilepossession of all of such land for the period of ten yearsimmediately prior to the time of applying for a patent under thissection, and that during such time no other person has ever setup or made any claim to such land, or any portion thereof, whichis hostile or adverse to the title of the applicant and thoseunder whom he claims title.
2. When an applicant has complied with subdivisions (1) and(2) of subsection 1 of this section, the secretary of state shallissue the patent requested.
3. The provisions of this section shall only apply when therecords in the office of the secretary of state show that theland in question is state land which has not been disposed of toany other person and when all documents and proofs required bythis section have been filed in the land department of thesecretary of state and preserved among the records thereof.
(L. 1983 S.B. 109)