§ 18-60-415 - Duties of commissioners.
18-60-415. Duties of commissioners.
(a) (1) The commissioners shall immediately proceed to make partition, according to the judgment of the court, unless it shall appear to them, or a majority of them, that partition of the premises cannot be made without great prejudice to the owners.
(2) In such a case they shall make report of this fact in court, under their hands, accompanied by an affidavit of the truth of the fact stated in the report so returned.
(b) (1) In making partition, the commissioners shall divide the lands and tenements, and allot the several portions and shares thereof to the respective parties, quality and quantity relatively being considered by them according to the respective rights and interests of the parties, so adjudged by the court, designating the several shares and portions by metes and bounds.
(2) The commissioners may, when necessary, employ a surveyor and assistants to assist them.
(c) (1) The commissioners shall make a full and detailed report of their proceedings, in writing, signed by them, or a majority of them, specifying therein the manner of executing the trust.
(2) (A) The report shall describe the lands divided and the shares allotted to each party, with the quantity of each share, the boundaries, courses, and distances, together with any other facts necessary for a complete elucidation of the division.
(B) This report shall be accompanied by the affidavits of the commissioners as may sign the report, verifying the facts set forth therein.