9-1132. Procedure to establish right of preference

A. Notwithstanding any other provision of law, a person who, together with his predecessors in interest, has, for a period of five years immediately preceding the application provided for in this article, been in actual or constructive possession of and paid taxes on a parcel of land included within a townsite entered prior to February 14, 1912, may purchase the title or claim thereto which the trustee could, at the time of the application assert or convey under any other provision of law by making an application therefor to the trustee.

B. The application shall contain a detailed statement under oath as to possession of the parcel and payment of taxes thereon and shall be accompanied by a filing fee of one dollar for the application and an additional five dollars as the purchase price for each parcel of land described by the application which shall be returned in event of final determination that the applicant is not entitled to a deed. All contiguous lots or portions of lots included in a single application shall be deemed to be one parcel of land.

C. Upon filing the application, the trustee shall conduct a hearing thereon and shall give notice thereof by publication in the same manner as provided in section 9-1131, and upon the hearing the trustee shall take evidence on the applicant's right of preference. If the trustee finds the applicant and his predecessors in interest have held possession of the land for five years immediately prior to filing the application and have paid taxes thereon for a period of five years immediately prior to filing the application, he shall execute and deliver his deed to the applicant, conveying the parcel or parcels described in the application, upon the applicant paying to the trustee his proportionate share of the cost of advertising as determined by the trustee.

D. If the application is denied or if conflicting applications are filed with the trustee on or before the date of the hearing, the trustee shall proceed no further and the applicant may, within ten days after denial or the date set for the hearing, bring an action in the superior court against the trustee and any other applicant to determine his right to a deed. No parcel of land embraced in such action shall be sold until the action is determined.