The state may bring an action to vacate or annul letters patent for lands granted by this state in any of the following cases: 1. When they were obtained by means of a fraudulent suggestion or concealment of a material fact made by or with the knowledge or consent of the person to whom they were issued. 2. When they were issued in ignorance of a material fact or through mistake. 3. When the patentee, or those claiming under the patentee, have done or omitted an act in violation of the terms and conditions upon which the letters patent were granted, or by any other means have forfeited the interest acquired under the same. Whenever the attorney general has good reason to believe that any act or omission specified in this section can be proved and that the person to be made defendant has no sufficient legal defense, the attorney general must commence such an action. Upon the rendition of a judgment vacating or annulling letters patent, the attorney general shall cause a copy of the judgment roll to be filed in the office of the secretary of state.
32-12-02. Action against state - When authorized - Where brought - Undertaking for costs. An action respecting the title to property, or arising upon contract, may be brought in the district court against the state the same as against a private person. Such actions shall be brought in the county in which the property is situated, or the county in which the plaintiff resides. The plaintiff at the time of commencing such action shall file an undertaking with sufficient surety to be approved by the clerk of court to the effect that the plaintiff will pay any judgment for costs that may be rendered against the plaintiff.