§ 651.28 — Initial decree

Iowa § 651.28

• Jurisdiction: Iowa
• Title XV: JUDICIAL BRANCH AND JUDICIAL PROCEDURES
• Ch. 651: PARTITION

Text

1. Ifthecourtdeterminesthatapropertysubjecttoapartitionactionisheirsproperty, and
a cotenant requests a partition in kind of such property, the court shall file an initial decree
pursuant to section 651.12 ordering the partition action to proceed under this subchapter.
The court shall appoint a referee and direct the referee to obtain an appraisal as provided in
section 651.12. The referee shall file the appraisal with the court.
2. Within ten calendar days after the referee files the appraisal with the court, the court
shall send notice to the referee and to each party to the partition action. The notice shall
provide all of the following information:
a. The appraised fair market value of the heirs property.
b. The address of the clerk’s office where the appraisal is available for review.
c. Advise that a party may file an objection to the appraisal with the court no later than
thirty calendar days after the date of notice by the court. An objection must state the grounds
for the objection.
3. No sooner than thirty calendar days after the date of notice by the court and regardless
ofwhetheranobjectiontotheappraisalisfiled, thecourtshallconductahearingtodetermine
thefairmarketvalueoftheheirsproperty. Thecourtshallsetatimeandplaceforthehearing
and give notice to the referee and all parties to the partition action. At the hearing, in addition
to the court-ordered appraisal, the court may consider any other evidence offered by the
referee or by a party to the partition action.
4. After the hearing the court shall file an order that determines the fair market value of
the heirs property and provide notice of the determination to the referee and all parties to the
partition action.