§1506 — Title 48 Territories and Insular Possessions | U.S. Code

Summary

If a court finds that land is held in violation of these rules, the court must take the land and order it sold like a forced sale. After the sale, the court pays the money to the court clerk. The clerk must hold the money for one year so the owner who is not a U.S. citizen, or that owner’s heirs or legal reps, can claim it. If no one claims it in one year, the clerk must send the money to the Territory’s treasury for its available school fund. Before the final judgment, the person sued can show they fixed the problem by becoming a lawful U.S. resident, declaring an intent to become a U.S. citizen, or doing some other act that the rules say lets them own land. If the court accepts that, the suit is dismissed and the person must pay the court costs and a reasonable lawyer fee set by the court.

Title 48, §1506

Territories and Insular Possessions — Source: USLM XML via OLRC

If it shall be determined upon the trial of any such escheat proceedings that the lands are held contrary to the provisions of this chapter, the court trying said cause shall render judgment condemning such lands and shall order the same to be sold as under execution; and the proceeds of such sale, after deducting costs of such suit, shall be paid to the clerk of such court so rendering judgment, and said fund shall remain in the hands of such clerk for one year from the date of such payment, subject to the order of the alien owner of such lands, or his heirs or legal representatives; and if not claimed within the period of one year, such clerk shall pay the same into the treasury of the Territory in which the lands may be situated, for the benefit of the available school fund of said Territory. The defendant in any such escheat proceedings may, at any time before final judgment, suggest and show to the court that he has conformed with the law, either becoming a bona fide resident of the United States, or by declaring his intention of becoming a citizen of the United States, or by the doing or happening of any other act which, under the provisions of this chapter, would entitle him to hold or own real estate, which being admitted or proved, such suit shall be dismissed on payment of costs and a reasonable attorney fee to be fixed by the court.

Editorial Notes

Codification Section was formerly classified to section 76 of Title 8, Aliens and Nationality.

§1506 Condemnation and Sale of Lands in Escheat Proceedings

Summary

Title 48, §1506

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata