§ 18-60-1006 — Determination of value

(a) Except as otherwise provided in subsections (b) and (c), if the court determines that the property that is the subject of a partition action is heirs property, the court shall determine the fair market value of the property by ordering an appraisal pursuant to subsection (d). (b) If all cotenants have agreed to the value of the property or to another method of valuation, the court shall adopt that value or the value produced by the agreed method of valuation. (c) If the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market value of the property and send notice to the parties of the value. (d) If the court orders an appraisal, the court shall appoint a disinterested real estate appraiser registered in this state to determine the fair market value of the property assuming sole ownership of the fee simple estate. On completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court. (e) If an appraisal is conducted pursuant to subsection (d), not later than 10 days after the appraisal is filed, the court shall send notice to each party with a known address, stating: (1) the appraised fair market value of the property; (2) that the appraisal is available at the clerk's office; and (3) that a party may file with the court an objection to the appraisal not later than 30 days after the notice is sent, stating the grounds for the objection. (f) (1) Except as provided in subsection (h), if an appraisal is filed with the court pursuant to subsection (d), the court shall conduct a hearing to determine the fair market value of the property not sooner than thirty (30) days after a copy of the notice of the appraisal is sent to each party under subsection (e). (2) In addition to the court-ordered appraisal, the court may consider any other evidence of value offered by a party. (g) After a hearing under subsection (f), but before considering the merits of the partition action, the court shall determine the fair market value of the property and send notice to the parties of the value. (h) The court may waive the hearing required under subsection (f) if no defendant or cotenant enters a court appearance or files an objection to the appraisal.

Legislative History

Amended by Act 2017, No. 1106,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 1106,§ 1, eff. 8/1/2017. Added by Act 2015, No. 107,§ 1, eff. 1/1/2016.