Lots or out-lots; streets and alleys
Sec. 24. (a) In a proceeding for the partition of real estate:
(1) in a state court; and
(2) in which a person less than eighteen (18) years of age is a
party in interest;
the commissioners appointed to make the partition may lay off into
lots or out-lots, streets, and alleys, any land included in the partition
and may make a plat of the lots or out-lots, streets, and alleys and
submit the plat to the court for approval or rejection.
(b) If a plat submitted under subsection (a) is approved by the
court:
(1) the commissioners appointed to make the partition shall
acknowledge the plat in open court;
(2) the plat must be recorded as other similar plats of like nature
are recorded; and
(3) the plat is legally valid as if the plat were made by a legal
proprietor of the lands who is at least eighteen (18) years of age.
(c) The court shall determine, upon the return by the
commissioners of a plat described in subsection (b), whether it is in
the interest of the parties for the land that is the subject of the
partition proceeding to be laid off into lots or out-lots, streets, and
alleys. If the court determines that it is in the interest of the parties,
the appointed commissioners may partition the land as in other cases
without detriment to the interested parties. If partition of the land is
not practicable without detriment to the interested parties, the lots or
out-lots may be sold by order of the court.
As added by P.L.2-2002, SEC.2.
Last modified: May 24, 2006