If there are no valid conflicting claims to the lot on the entry townsite, the district court judge, as ex officio probate judge of the county, shall issue the claimant a good and sufficient deed for the lot on the entry townsite land upon finding in a hearing that:

1. (1) the petitioner is a qualified claimant under 70-28-302; and

2. (2)

   1. (a) no deed has been issued by a probate or district court judge of the county where the entry townsite land is located for the claimed lot; or
   2. (b) a deed for the claimed lot has been issued but not recorded and has been lost or cannot be found.

History: En. Sec. 4, Ch. 102, L. 1981.