60-1004. Occupying claimants.

60-1004

Chapter 60.--PROCEDURE, CIVIL
Article 10.--ACTIONS RELATING TO PROPERTY

      60-1004.   Occupying claimants.(a) Right to reimbursement. Where any person while peacefullyoccupying realty under color of title in good faith, including mineralleases, has in good faith made improvements thereon or paid obligations inconnection therewith, such person shall not be dispossessed by a party, establishinga superior right, claim or title until he or she is fully compensated therefor.

      (b)   Procedure. If in any action the judge concludes that theoccupying claimant should be dispossessed, the judge shall before entering finaljudgment determine the compensation due the occupying claimant under theprovisions of section 1 [*] of this article or if requested by either partyhe or she shall submit the question to a jury for determination.

      History:   L. 1963, ch. 303, 60-1004; Jan. 1, 1964.