Sale of land; division not possible without damage to owners
Sec. 12. (a) If the commissioners report to the court that the whole
or part of the land of which partition is demanded can not be divided
without damage to the owners, the court may order the whole or any
part of the land to be sold at public or private sale on terms and
conditions prescribed by the court.
(b) If the court orders a sale under this section, the order shall
provide for reasonable public notice of the sale.
(c) If the court orders a sale under this section but does not order
the sale to be made for cash, the court shall require that the purchaser
make a cash payment of at least one-third (1/3) of the purchase price
to the commissioner appointed under section 14 of this chapter at the
time of the sale.
(d) Land sold under this section may not be sold for less than:
(1) if sold at public sale, two-thirds (2/3) of its appraised value;
and
(2) if sold at private sale, its appraised value.
The court shall determine the appraised value of the land in the same
manner as in cases of sales of land on execution.
(e) If only a part of land is sold under this section, the remainder
may be partitioned as provided under this chapter.
(f) If the value of land ordered by the court to be sold at private
sale does not exceed one thousand dollars ($1,000), the land may, in
the discretion of the court, be sold without any notice of sale being
had or given.
(g) In all cases, the purchaser of land sold under this section has
rights in all crops planted on the land after the sale.
(h) The court may:
(1) approve reports of sale by commissioners in partition
proceedings; and
(2) order the deed delivered to the purchaser.
As added by P.L.2-2002, SEC.2.
Last modified: May 24, 2006