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Current as of January 01, 2024 | Updated by Findlaw Staff
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.
Cite this article: FindLaw.com - North Dakota Century Code Title 32. Judicial Remedies § 32-12-01. Action to annul patent--Duty of attorney general - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-32-judicial-remedies/nd-cent-code-sect-32-12-01/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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