CHAPTER 4.5. Special Actions and Proceedings to Clear Title
Chapter 4.5 added by Stats. 1980, Ch. 44, Sec. 16.
§§ 770.010–772.060 · 16 sections
ARTICLE 1. Identity of Person in Chain of Title §§ 770.010–770.080 · 8 sections
- § 770.010 As used in this article: (a) “Acquired” means received or taken by conveyance, judgment, decree, or otherwise. (b) “Property” means any right, title, or…
- § 770.020 If property is acquired or stands of record in the name of a person who heretofore or hereafter transfers the property under a name other than or different…
- § 770.030 The proceeding shall be brought in the superior court of the county in which the property or any part thereof is situated.
- § 770.040 (a) The proceeding may be brought by a subsequent owner of the property by filing a petition with the court. (b) At any time before the date fixed for the…
- § 770.050 (a) The petition shall be verified in the manner provided for verification of a complaint. (b) The petition may be substantially entitled, “In the matter of…
- § 770.060 (a) Upon the filing of the petition, the clerk shall set the petition for hearing by the court. (b) The petitioner shall give notice of the hearing by causing…
- § 770.070 (a) At the time fixed for the hearing or such time thereafter as may be fixed by the court, the court shall hear the proofs offered by the petitioner and by…
- § 770.080 (a) After the decree has become final it constitutes prima facie evidence of the matters thereby determined and it is presumed that the identity of the person…
ARTICLE 2. Land Dedicated for Public Improvement §§ 771.010–771.020 · 2 sections
- § 771.010 If a proposal is heretofore or hereafter made to dedicate real property for public improvement, there is a conclusive presumption that the proposed dedication…
- § 771.020 (a) An action is authorized to clear title to real property of a proposal to dedicate the property for public improvement if there is a conclusive presumption…
ARTICLE 3. Right of Entry or Occupation of Surface Lands Under Oil or Gas Lease §§ 772.010–772.060 · 6 sections
- § 772.010 This article applies only to lands within a city in any county with a population exceeding 4,000,000, or with a population of more than 700,000 and less than…
- § 772.020 As used in this article: (a) “Surface zone” means the zone which lies above a plane which is 500 feet below the surface of the land. (b) “Subject land” means…
- § 772.030 (a) If a mining rights lease, including a community lease, exists for the production of oil, gas, or other hydrocarbons, and a right of entry or occupation…
- § 772.040 The court may render a judgment terminating the lessee’s right of entry or occupation of the surface and surface zone, subject to such conditions as the court…
- § 772.050 (a) The court may qualify the judgment terminating the surface and surface zone right of entry or occupation so as to provide for limited surface and surface…
- § 772.060 It is against public policy for any oil or gas lease, at its inception, to provide for the waiver of any rights created by this article, or for such rights to…