Title 18, Property

If any person appears to contest the petition, the burden of proof shall rest upon the person so appearing, and the court shall determine the rights of the parties in accordance with the principles and practice in equity and decree accordingly.

A certified copy of the decree shall be entitled to record in the deed records of the county where rendered.

The decree in any such cause shall be an absolute bar as against the title of any railroad, its successors and assigns, and the person deeding or claimed to have deeded, granted, donated, or subscribed the lands to the railroads, his or her heirs and assigns, and all others claim…

The petitioner shall pay the costs when there is no contest, and in case of contest, the cost shall be adjudged by the court.

(1) As used in this section and §§ 18-60-802 — 18-60-808:(1) “Order of delivery” means a “writ of replevin”; and(2) “Party” or “person” means individuals, corporations, partnerships, associations, or any entity having the legal capacity to sue or be sued. (1) “Order of delivery” …

This section and §§ 18-60-801 and 18-60-803 — 18-60-808 shall not repeal any existing law pertaining to the recovery of personal property by parties claiming an interest therein.

(a) Any person who willfully and knowingly damages property in which there exists a valid right to issuance of an order of delivery, or on which an order has been sought under the provisions of this section and §§ 18-60-801 — 18-60-802 and 18-60-804 — 18-60-808, or who conceals i…

(a) In all cases in this state wherein a party claims a right of possession of property in the possession of another, the party may apply to the circuit court or the district court for issuance of an order of delivery of the property. The application shall be by petition, signed …

(a) The order to appear and show cause why the order of delivery should not be issued shall permit a reasonable time for the party against whom it is directed to appear. It shall state the place and time the hearing shall be held. (b) (1) (A) If served at the same time the summon…

(a) At any hearing held on an application for an order of delivery, the petitioner shall be required to present prima facie evidence that the petitioner has the right of immediate possession of the property. (b) If the party against whom the order of delivery is sought should fai…

If the petitioner for an order of delivery, after otherwise complying with the requirements for issuance thereof, shall present evidence to the court that there is genuine danger that the property sought under the order will be removed from the court's jurisdiction, damaged, conc…

(a) In lieu of the procedure set forth in this section and §§ 18-60-801 — 18-60-807, at the time the complaint is filed and summons issued, a petitioner may obtain a notice issued by the clerk of the court in which the proceeding is filed. The notice shall be served with the comp…

The plaintiff in an action to recover the possession of specific personal property, at the commencement of the action or at any time before judgment, may claim the immediate delivery of the property, as provided in §§ 18-60-810 — 18-60-822.

(a) An order for the delivery of property to the plaintiff shall be made by the clerk when there is filed in his or her office an affidavit of the plaintiff, or of someone in his or her behalf, showing:(1) A particular description of the property claimed;(2) Its actual value and …

(a) The order for the delivery of the property to the plaintiff shall be addressed and delivered, with a copy thereof, to the sheriff. It shall state the names of the parties to the action and the court in which the action is brought and direct the sheriff to take the property, d…

(a) The order shall not be complied with by the sheriff until there has been executed in his or her presence, by one (1) or more sufficient sureties of the plaintiff, a bond to the defendant, to the effect that the plaintiff shall duly prosecute the action and that he or she shal…

(a) The sheriff shall execute the order by taking the property therein mentioned, if it is found in the possession of the defendant, or his or her agent, or of any other person who obtained possession thereof from the defendant, directly or indirectly, after the order was placed …

(a) At any time before judgment an order may be directed to any other county for the delivery of the property claimed. (b) Several orders may issue at the same time, or successively, at the option of the plaintiff, but only one (1) of the orders shall be taxed in the costs, unles…

If the affidavit of the plaintiff states that the property was taken under an execution, the sheriff shall deliver it to the plaintiff. In every other case the sheriff shall retain the property in his or her possession for two (2) days, unless the bond mentioned in § 18-60-816 sh…

(a) (1) Within two (2) days after the taking of the property by the sheriff, in the case in which the property was not taken under an execution, the defendant or anyone for him or her may cause a bond to be executed to the plaintiff in the presence of the sheriff, by one (1) or m…

(a) Before taking any bond, upon the suggestion of either party that the value of the property is not truly stated in the order for its delivery and where the suggestion is on the part of the defendant, on his or her producing the property to the sheriff, the sheriff shall select…

(a) (1) If a person other than the defendant or his or her agent claims the property taken by the sheriff and delivers to the sheriff his or her affidavit that he or she is entitled to the possession thereof, the sheriff shall not be bound to keep the property or deliver it to th…

(a) If the property described in the order shall have been removed or concealed so that the officer cannot make delivery thereof, when the order contains a capias clause, the officer shall arrest the body of the defendant and hold him or her in custody in the same manner as on a …

(a) In an action to recover the possession of personal property, judgment for the plaintiff may be for the delivery of the property, or for the value thereof in case a delivery cannot be had, and damages for the detention. (b) When the property has been delivered to the plaintiff…

(a) (1) In all actions for the recovery of personal property, where the defendant has given a delivery bond as provided for by § 18-60-816, the court or jury trying the cause may render judgment against the defendant for the recovery of the property, or its value, together with a…

In actions for recovery of specific personal property, the jury must assess the value of the property, and the damages for taking or detention, whenever, by their verdict, there will be a judgment for the recovery or return of the property.

(a) The owners of realty that is encumbered by a public utility easement and located outside the boundaries of any city or town may petition the county court to vacate the public utility easement. (b) The petition shall clearly describe the easement.

(a) Upon receipt of the petition, the county clerk shall promptly give notice by publication at least one (1) time a week for at least two (2) consecutive weeks in some newspaper having a general circulation within the county. (b) (1) The notice shall state that the petition has …

(a) At the hearing, the county court shall hear all interested parties and, if the court determines that the easement has not been used by the public utility for a period of at least five (5) years and that vacating the easement would not be against the interest of the public, th…

(a) When the county court issues an order vacating a public utility easement, the ownership of the real property through which the easement extends shall cease to be burdened with the easement. (b) The public utilities shall remove their property located on or beneath the realty …

(a) (1) No person or his or her heirs shall have, sue, or maintain any action or suit, either in law or equity, for any lands, tenements, or hereditaments after seven (7) years once his or her right to commence, have, or maintain the suit shall have come, fallen, or accrued.(2) A…

(a) An entry upon lands or tenements shall not be deemed sufficient or valid as a claim unless an action is commenced thereon within one (1) year after the entry and within seven (7) years from the time when the right to make the entry descended or accrued. (b) This section does …

No action of ejectment, when the plaintiff does not claim title to the lands, shall be brought or maintained when the plaintiff, or his or her testator or intestate, has been five (5) years out of possession.

Three (3) years' peaceable and uninterrupted possession of the premises immediately preceding the filing of a complaint for forcible entry and detainer or unlawful detainer may be pleaded by any defendant in bar of the plaintiff's demand for possession.

All actions against the purchaser or his or her heirs or assigns for the recovery of lands sold at judicial sales shall be brought within five (5) years after the date of the sale and not thereafter, except for minors, persons of unsound mind, and persons imprisoned overseas, the…

(a) No action for the recovery of any lands or for the possession thereof against any person or persons, or their heirs and assigns, who may hold such lands by virtue of a purchase thereof at a sale by the collector, or the Commissioner of State Lands, for the nonpayment of taxes…