§ 1954 — Action to limit existing possibilities of reverter and rights of entry restricting the use of land

§ 1954. Action to limit existing possibilities of reverter and rights\nof entry restricting the use of land. 1. This section shall apply to a\nspecial limitation or condition subsequent created prior to September 1,\n1958 which would be subject to section 1953 if it had been created on or\nafter September 1, 1958.\n 2. The owners of the estate subject to the special limitation or\ncondition subsequent, or one or more of such owners, may maintain an\naction to obtain a judgment that the special limitation or condition\nsubsequent be governed by section 1951 and section 1953, or that it be\nso governed to the extent of particular terms of the special limitation\nor condition subsequent, or to the extent of a particular part of the\nland burdened by the restriction. Such action may be maintained against\none or more of the persons who would have a possessory estate resulting\nfrom the occurrence of the reverter or a right of entry for breach of\nthe condition if a breach of the restriction had occurred at the time\nthe action is commenced, to obtain such a judgment with respect to the\ninterests of the parties to the action.\n 3. Except as provided in subdivision 4, the court may grant the relief\ndescribed in subdivision 2 if it finds that the primary purpose of the\nspecial limitation or condition subsequent was to restrict the use of\nland and that the tenor of the restriction, the circumstances in which\nit was imposed, and the conditions in which it operates at the time of\nthe action are such that the special limitation or condition subsequent\nunreasonably limits the use and development of the land or unreasonably\nimpairs the certainty of titles.\n 4. The relief provided in this section shall not be granted if the\ncourt finds that a breach of the restriction has already occurred.\n 5. If the complaint in any such action is dismissed on the ground that\na breach of the restriction has already occurred at the time the action\nis brought or relief is denied on such ground, the right of entry for\nbreach of the condition or any cause of action to recover possession of\nthe land, owned by a person who was a party to the action, or a person\nclaiming through or under him, must be asserted in the same action or by\naction commenced within six months from the entry of the judgment\ntherein, and if such action is not commenced within that time the right\nof entry, or the possessory estate resulting from the occurrence of the\nreverter, shall be extinguished to the extent that it is vested at the\ntime of the entry of the judgment in persons who are parties to the\naction, or thereafter vests in persons claiming through or under them by\ntitle accruing after the filing of a notice of pendency of the action.\n 6. The action provided in this section may be commenced at any time.\n