§ 283.571. Reimbursement when part of tax lien is defective.

If, in any action to foreclose a tax lien, it shall be adjudged that some, but not all, of the items constituting such tax lien are void and not a valid lien on the premises covered by such tax lien, or if, in the action or proceeding, it be adjudged that a transfer of tax lien is invalid or defective, as to some, though not as to all, of the items transferred, the holder of the transfer of tax lien, by instrument in writing duly acknowledged, shall retransfer to the town the items thus affected and shall be repaid by the town such portion of the amount paid for such transfer of tax lien as may be applicable to the items thus affected, with interest from the time of such payment at the rate set forth in the transfer of tax lien, but at not more than three percentum per annum, and the town shall pay the taxed costs and disbursements of any action or proceeding, other than an action to foreclose the tax lien, in which such adjudication is made. But no such payment shall be made unless the application therefor is made within five years from the date of such tax lien.

(§ 576 of the Laws of 1948, Ch. 852; amended by the Laws of 1962, Ch. 386)