§ 4981. Grant defined; acts of incorporation
The word “grant” as used in this chapter shall mean grants or charters of lands lying
in this State, made by the king of Great Britain, or by this State or any other government;
acts of the General Assembly granting to individuals rights or privileges not common
to all the citizens of the State; and acts of incorporation for any purpose.
§ 4982. Grantee defined
The word “grantee” as used in this chapter shall mean the person to whom such land,
rights, or privileges were granted, and the representatives or assigns of such persons,
or the corporation thus created.
§ 4983. Grounds for forfeiture of grants
Grants may be adjudged forfeited for the nonperformance of a condition annexed to
or contained in such grant, whether expressed, or from the nature of the grant, clearly
implied.
§ 4984. Effect of judgment
When a grant is adjudged forfeited, the grantee shall thereby be divested of the rights,
benefits, and privileges derived therefrom. The grant shall be considered vacated
and the thing granted shall revert to the State.
§ 4985. Mode of process; venue
The mode of process shall be by summons and complaint and the action shall be held
in the Superior Court of the county in which the land lies, if it is a grant of land.
If it is an act of incorporation, the action shall be held in the county in which
any part of the business of the corporation is done, or, by the terms of the act,
should be done. (Amended 1971, No. 185 (Adj. Sess.), § 144, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
§ 4986. Prosecution of complaint
The complaint shall be prosecuted in the name of the State by the State’s Attorney
of the county in which the action is pending. (Amended 1971, No. 185 (Adj. Sess.), § 145, eff. March 29, 1972.)
§ 4987. Repealed. 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 4988. Prosecution by State’s Attorney
On the application of 20 or more freeholders of the county, the State’s Attorney shall
commence and prosecute the action against a corporation, if, in his or her opinion,
the grant of the corporation is forfeited, and the public good requires that it should
be adjudged forfeited. (Amended 1971, No. 185 (Adj. Sess.), § 146, eff. March 29, 1972.)
§ 4989. Grantees may defend severally; jury trial
When several grantees claim under the same grant, each may answer separately, denying
the allegations in the complaint, or pleading performance of the conditions of the
grant or asserting any equitable reason why the grant should not be forfeited. Issues
of fact shall be tried by jury, and the jury may return a general or special verdict,
except that issues raised by any equitable defense shall be determined by the presiding
judge. (Amended 1971, No. 185 (Adj. Sess.), § 147, eff. March 29, 1972.)
§ 4990. Judgment on default; proof required
When the grantee does not answer or appear and sufficient facts are proved on hearing,
the court may adjudge the grant forfeited. (Amended 1971, No. 185 (Adj. Sess.), § 148, eff. March 29, 1972.)
§§ 4991-4994. Repealed. 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 4995. Copy of judgment transmitted to Secretary of State
When final judgment has been rendered that a grant is forfeited, the clerk of the
court within 30 days from the rendition thereof shall transmit to the Secretary of
State a certified copy of such judgment to be recorded and kept in his or her office.
§ 4996. Writ of possession
When judgment of forfeiture is thus rendered and transmitted, and the thing granted
is capable of actual possession and occupancy, possession thereof may be obtained
by the State or by a second grantee, by a writ of possession. Such writ shall be
issued by the court rendering such judgment, on motion of the State’s Attorney or
the second grantee, but only after reasonable notice of the motion has been given
to the party in possession.