48 U.S.C. § 1505 — Proceedings for escheat of improperly held lands
submitted 139 years ago by ch. 340 to r/title-48-TERRITORIES-AND-INSULAR-POSSESSIONS · 227 words · no verdicts yet
This section requires the United States Attorney General to bring an escheat lawsuit when land in a United States Territory is held contrary to this chapter. It requires advance notice to the owner and other interested people, with newspaper publication if personal notice cannot be given.
When the Attorney General is informed or has reason to believe that land in a United States Territory is held contrary to this chapter, the Attorney General must bring, or cause to be brought, a lawsuit for the United States in the Territory's district court for the district where all or part of the land is located. The lawsuit must seek the land's escheat to the United States. Before filing, the Attorney General must give, or cause to be given, 90 days' notice of the intention to sue by registered letter or personal notice to the owner, the person who last reported the land for taxation, or that person's agent, and to all other people with an interest in the land of whom the Attorney General has actual or constructive notice. If personal notice cannot be obtained in one of those ways, the notice must be published in a newspaper in the county where the land is located. If no newspaper is published there, it must be published in a newspaper nearest that county.
It shall be the duty of the Attorney General of the United States, when he shall be informed or have reason to believe that lands in any of the Territories of the United States are being held contrary to the provisions of this chapter, to institute or cause to be instituted suit in behalf of the United States in the district court of the Territory in the district where such land or a part thereof may be situated, praying for the escheat of the same on behalf of the United States to the United States. Before any such suit is instituted the Attorney General shall give or cause to be given ninety days’ notice by registered letter of his intention to sue, or by personal notice directed to or delivered to the owner of said land, or the person who last rendered the same for taxation, or his agent, and to all other persons having an interest in such lands of which he may have actual or constructive notice. In the event personal notice cannot be obtained in some one of the modes above provided, then said notice shall be given by publication in some newspaper published in the county where the land is situate, and if no newspaper is published in said county then the said notice shall be published in some newspaper nearest said county.
Source credit: (Mar. 3, 1887, ch. 340, § 5, as added Mar. 2, 1897, ch. 363, 29 Stat. 619.)
- 1887Enacted · Act of Mar. 3, 1887, ch. 340 · 29 Stat. 619
A history note hasn’t been published yet. The record shows enactment by ch. 340 on 1887-03-03.
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