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This entry was published on 2014-09-22
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Power to confirm defective grant
Public Lands (PBL) CHAPTER 46, ARTICLE 2
§ 11. Power to confirm defective grant. Whenever a sale is lawfully
made, or directed to be made by the commissioner of general services, or
has been made by his predecessor, the board of commissioners of the land
office, including a sale of land under water, if, at the time of the
making of the grant, the necessary jurisdictional facts existed to
authorize the grant, and by reason of accidental omission or manifest
error, the patent is not acutally issued, or has been issued to the
applicant deficient or manifestly erroneous in description or otherwise,
the commissioner may, in his discretion, and on such terms as seem to
him proper, cause to be issued to such applicant, or to persons deriving
claim or title from him subsequently to the making of the grant, a
release or confirmatory grant of such lands or any parts thereof, which
release or confirmatory grant shall vest in the grantee therein named
such right and estate, to the extent of the right or title of the state
in such lands, or parts thereof, as is therein named.