A. If a person holds in possession or claims in private ownership, within the exterior boundaries of a land grant-merced, any tract, piece or parcel of land to which, in the opinion of the board of trustees, the person has no right or title, the board may institute an action of ejectment in district court against the person. If upon the trial it is determined that such possession is without right, judgment shall be rendered in favor of the board for possession of the tract, piece or parcel of land and for such damages as it may have proved for the wrongful detention.
B. Any delinquent heir shall lose all right that the heir may have had to use the common lands of the land grant-merced unless the heir pays in full all legal assessments or dues due by the heir.
History: Laws 1907, ch. 42, § 15; Code 1915, § 813; C.S. 1929, § 29-115; Laws 1933, ch. 164, § 5[5a]; 1941 Comp., § 9-115; 1953 Comp., § 8-1-15; 2004, ch. 124, § 16; 2005, ch. 75, § 2.
ANNOTATIONSCompiler's notes. — Laws 1933, ch. 164 contained two sections designated as "Sec. 5." This section was derived from the second, so the bracketed "5a" was inserted in the history by the 1941 compiler to distinguish the two sections.
The 2005 amendment, effective July 1, 2005, provided that actions of ejectment must be filed in district court and if the court determines that the possession is without right, the judgment shall be rendered for the board; and provided that a delinquent heir shall lose all right to use common land unless the heir pays all legal assessment or dues due by the heir.
The 2004 amendment, effective July 1, 2004, made minor revisions throughout this section, added "land grant-merced" for "grant", deleted after "Any delinquent" "person who moves outside the exterior boundaries of such grant and resides outside such exterior boundaries for a period of five years" and replaced it with "heir".