27-221

27-221. Notice to delinquent co-owner to contribute share of annual labor expense

A. When a co-owner gives a delinquent co-owner notice in writing or notice by publication to contribute his proportion of the expense of annual labor as provided by the laws of the United States, an affidavit of the person giving the notice, stating the time, place, manner of service and by whom and upon whom the service was made, shall be attached to a true copy of the notice, and the notice and affidavit shall be recorded ninety days after giving the notice, or if the notice is given by publication in a newspaper, there shall be attached to a printed copy of the notice an affidavit of the editor or publisher of the paper, stating the date of each insertion of the notice therein, and when and where the newspaper was published during that time, and the affidavit and notice shall be recorded one hundred and eighty days after the first publication.

B. A true copy of the original notice and affidavit of service, or the records thereof, shall be prima facie evidence that the delinquent co-owner has failed or refused to contribute his proportion of the expenditure, and shall be prima facie evidence of service or publication of the notice, unless the writing or affidavit provided for in section 27-222 is of record.