206. Petition for release of escheated lands. 1. Where there is good reason to believe that real property shall have escheated to the state and final judgment shall not have been entered as hereinbefore provided, a petition for the release to the petitioner of any interest in real property believed to have escheated to the state by reason of the failure of heirs or the incapacity, for any reason except infancy or mental incompetency, of any of the petitioner's alleged predecessors in interest to take such property by devise or otherwise, or to convey the same or by reason of the alienage of any person, who but for such alienage would have succeeded to such interest, may be presented to the commissioner of general services within forty years after such escheat. Such petition may be presented:
a. By any person who would have succeeded to such interest but for his alienage or the alienage of another person, or
b. By the surviving husband, widow, stepfather, stepmother or adopted child of the person whose interest has so escheated, or
c. By the purchaser at a judicial sale or sheriff's sale on execution, or
d. By an heir, devisee, assignee, grantee, immediate or remote, or executor of any person, who but for his death, assignment or grant could present such petition, or the alleged grantee of any person or of any association or body, whether incorporated or not, who or which would have succeeded by devise or otherwise to the title of such person but for his alienage or a legal incapacity to take or convey the property so escheated, or
e. By a person having a contract to purchase made prior to the date of escheat with the person whose interest shall have escheated.
2. Such petition shall be verified by each petitioner in the same manner as a pleading in a court of record may be verified, and shall allege:
a. The name and residence of each person owning any interest in such real property immediately prior to the escheat;
b. The name and residence of each petitioner and the circumstances which entitle him to present such petition;
c. The name and place of residence of every person who would have succeeded to any such interest but for his alienage or the alienage of another or any other rule of legal incapacity hereinabove mentioned affecting an attempted transfer of such interest to such person or to or by any of his alleged predecessors in interest;
d. The description and value, at the date of the verification of the petition, of such real property sought to be released;
e. The description and value, at the date of the verification of the petition, of all the property of every such owner, which shall have escheated to the people of the state by reason of failure of heirs or alienage and which shall not then have been released or conveyed by the state;
f. The name and residence of each person having or claiming an interest in such real property at the date of the verification of the petition and the nature and value of such interest;
g. Any special facts or circumstances by reason of which it is claimed that such interest should be released to the petitioner;
h. The name and residence of each person in possession or occupation of the premises and the nature, if any, of the interest of such person;
i. The name and residence of each person having filed a protest with the commissioner of general services under the provisions of section two hundred ten.
Such petition may be filed within sixty days after its verification with the office of general services.
Last modified: February 3, 2019