Actions in Particular CasesActions Concerning Real Property Titles Affected by Public Improvement Assessments
Section § 801.1
Section § 801.2
This law allows someone to start a lawsuit either on its own or combined with other claims if they need to resolve disputes or clear up doubts about who legally owns a piece of real estate. The lawsuit must include specific details required by the prior section and must be confirmed as true by the person bringing the lawsuit.
Section § 801.3
When filing a lawsuit related to a public improvement assessment, the plaintiff must name certain people as defendants. This includes anyone known to have an interest in the assessment or bond, the person who received payment through the bond, and the current owner of the assessment or certificate of sale. Also, any relevant public officials must be named. If someone is known to be dead, their heirs or people who stand to inherit can be involved using specific wording.
Section § 801.4
This law requires that when someone files a complaint involving a bond, special assessment, or certificate of sale, the complaint must also list any unknown people who might own or claim an interest in it. These unknown parties can be described in the complaint in a specific way, along with a description of the bond, assessment, or certificate as recorded in the issuing office.
Section § 801.5
This law says that when someone files a lawsuit involving real estate, they must, within ten days, file a notice with the county recorder where the property is located. This notice should include details about the lawsuit and describe the property involved. Filing this notice is necessary to inform the public about the ongoing lawsuit affecting the property.
Section § 801.6
This law states that when a legal complaint is filed, a summons must be sent out within three years. The summons needs to include details about the case as specified in another law (Section 412.20), the names of the defendants listed in the complaint, information about the property involved, and what the action aims to achieve.
Section § 801.7
When a lawsuit is filed, the person starting the lawsuit (the plaintiff) has 30 days to put up a copy of the official court notice (the summons) in an easily visible place on the property involved in the case.
Section § 801.8
This law states that if you're suing someone (defendants) that you know, you need to notify them in the same way you would in a regular civil lawsuit. But if you don't know who you're suing (unknown defendants), you have to publish a notice as explained in another law called Section 750.
Section § 801.9
This law requires that when a plaintiff wants to serve a summons through publication, they must include in their affidavit that they made a genuine effort to find out who the unknown defendants are and where they live, especially if these defendants are heirs or people named in a will.
Section § 801.10
This law states that unknown defendants (like heirs or people receiving something under a will) are treated just like any other defendants once they’re served with legal papers. Even if there are reasons they might not typically be able to be held legally accountable, they and anyone connected to them will be affected by the court’s decision just like they were personally named and served.
Section § 801.11
This section explains that during a trial, the court must figure out everyone's rights and require evidence for claims. If a certificate or bond related to a public improvement assessment was issued but no deed was given and the sale happened over four years ago, it's presumed paid off. After four years without a deed, this assumption becomes definite, and no deed can ever be issued after 1953 or four years post-sale, whichever is later.
Section § 801.12
This law section explains that if a court finds none of the defendants have a claim to a property, it will affirm the plaintiff's ownership. However, if any defendant does have a claim, the court will acknowledge these and might order the property to be sold or divided. Additionally, the court will instruct a public officer to clear any official records of claims against the property.
Section § 801.13
This law explains what happens when a court orders the sale or division of a property. Normally, if someone's share of the sale money is not claimed because their identity or location is unknown, that money goes to a public officer. The officer holds onto these funds, similar to how they handle other public funds and collections.
Section § 801.14
Once a court decision becomes final in a case, it is binding on everyone mentioned in the complaint who has been properly notified about the case, including unknown individuals and the heirs or people named in wills of deceased individuals listed in the complaint and who were notified.
Section § 801.15
Once a court has made a final decision on a case, a certified copy of that judgment is given to the public officer who keeps records of things like assessments, bonds, or certificates of sale. The officer must then write on those records that they have been canceled because of the court's judgment, along with the court case number.