Notice considered a disturbance of the right.

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The notice under sections 47-38 and 47-39 shall be considered a disturbance of the right in question which enables the party claiming the right to bring an action as for a nuisance or disturbance for the purpose of trying the right. If the plaintiff in that action prevails, he shall be entitled to full costs, although he recovers only nominal damages.

(1949 Rev., S. 7134; P.A. 79-602, S. 60.)

History: P.A. 79-602 rephrased provisions and specified notice as that under Secs. 47-38 and 47-39.

Cited. 140 C. 370; 142 C. 296.


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