11-21-27 - Land sold when not capable of division.
§ 11-21-27. Land sold when not capable of division.
If, after a judgment for partition and the appointment of masters, it shall appear from the report of the masters, or on exceptions to their report, that a just and equal division of the land cannot be made, or that a sale will better promote the interest of all the cotenants, the court shall order a sale of the land, or such part thereof as may be deemed proper, and a division of the proceeds among those interested, as provided for.
Before the court shall order a sale of the lands, the court may cause an appraisal to be made of the property, the expense of which shall be taxed and collected as costs in the proceedings. If the court causes an appraisal of the property to be made, then, subsequent to the receipt and filing of the appraisal with the court, the court shall hold in abeyance its order for sale of the land for a period of thirty (30) days in order to allow the parties the opportunity to reach an agreement as to a partition in kind or sale of the lands.
Sources: Codes, 1857, ch. 36, art. 59; 1871, § 1829; 1880, § 2566; 1892, § 3111; 1906, § 3535; Hemingway's 1917, § 2847; 1930, § 2932; 1942, § 973; Laws, 1958, ch. 246; Laws, 1984, ch. 437, § 2; Laws, 1991, ch. 573, § 54, eff from and after July 1, 1991.