Text: HSB00560                          Text: HSB00562
Text: HSB00500 - HSB00599               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 561

Bill Text

PAG LIN
  1  1    Section 1.  Section 614.19, Code 1999, is amended to read
  1  2 as follows:
  1  3    614.19  INAPPLICABILITY OF PROVISION REGARDING MINORS AND
  1  4 PERSONS WITH MENTAL ILLNESS.
  1  5    The provisions of section 614.8 as to the rights of minors
  1  6 and persons with mental illness shall not be applicable
  1  7 against the provisions of sections 614.17, 614.17A, 614.18,
  1  8 and 614.20.
  1  9    Sec. 2.  Section 614.22, Code 1999, is amended to read as
  1 10 follows:
  1 11    614.22  ACTION AFFECTING ANCIENT DEEDS.
  1 12    1.  An action shall not be maintained to set aside, cancel,
  1 13 annul, declare void or invalid, or to redeem from a tax deed,
  1 14 guardian's deed, executor's deed, administrator's deed,
  1 15 receiver's deed, referee's deed, assignee's deed or sheriff's
  1 16 deed which has been recorded in the office of the recorder of
  1 17 the county or counties in this state in which the land
  1 18 described in the deed is situated prior to January 1, 1980,
  1 19 unless the action is commenced prior to January 1, 1992, and
  1 20 if an action to set aside, cancel, annul, declare void or
  1 21 invalid, or to redeem from the deed is not commenced prior to
  1 22 January 1, 1992, then the deed and all the proceedings upon
  1 23 which the deed is based are valid and unimpeachable and
  1 24 effective to convey title as stated in the deed, without
  1 25 exception for infancy, mental illness, absence from the state,
  1 26 or other disability or cause; provided that this section
  1 27 subsection and section 614.23 do not apply to real property
  1 28 described in a deed which is not on July 1, 1991, in the
  1 29 possession of those claiming title under the deed.
  1 30    2.  On and after January 1, 1992, an action shall not be
  1 31 maintained to set aside, cancel, annul, or declare void or
  1 32 invalid, or to redeem from a tax deed, and an action shall not
  1 33 be maintained to redeem from such guardian's deed, executor's
  1 34 deed, administrator's deed, receiver's deed, referee's deed,
  1 35 assignee's deed, or sheriff's deed, if the deed has been
  2  1 recorded in the office of the recorder for more than ten
  2  2 years.  The deed must be recorded in the office of the
  2  3 recorder of the county or counties in which the land described
  2  4 in the deed is situated.  If an action under this subsection
  2  5 is not commenced within ten years of the recording of the
  2  6 deed, then the deed and all proceedings upon which the deed is
  2  7 based are valid and unimpeachable and effective to convey
  2  8 title as stated in the deed, without exception for infancy,
  2  9 mental illness, absence from the state, or other disability or
  2 10 cause.  As used in this subsection "deed" means a tax deed,
  2 11 guardian's deed, executor's deed, administrator's deed,
  2 12 receiver's deed, referee's deed, assignee's deed, or sheriff's
  2 13 deed.
  2 14    However, this subsection and section 614.23 do not apply to
  2 15 real property described in any a deed which is for more than
  2 16 ten years not in the possession of a person those claiming
  2 17 title under the deed.  
  2 18                           EXPLANATION
  2 19    This bill amends two Code sections relating to certain
  2 20 older claims to real estate.
  2 21    The first amendment adds Code section 614.17A to a list of
  2 22 related Code sections in Code section 614.19, which together
  2 23 address the handling of certain old claims to real estate.
  2 24 The amendment negates the applicability of the special statute
  2 25 of limitations involving actions by minors and persons with
  2 26 mental illness.
  2 27    The second amendment makes certain language consistent in
  2 28 the two subsections of Code section 614.22 which addresses
  2 29 actions relating to ancient deeds and the possession of those
  2 30 claiming title under the deeds.  
  2 31 LSB 5714YC 78
  2 32 jj/cf/24
     

Text: HSB00560                          Text: HSB00562
Text: HSB00500 - HSB00599               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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