Bill Text: IN SB0379 | 2010 | Regular Session | Introduced
Bill Title: Partition of land.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2010-01-19 - Senator Steele added as second author [SB0379 Detail]
Download: Indiana-2010-SB0379-Introduced.html
Citations Affected: IC 32-17-4; IC 32-23-12.
Synopsis: Partition of land. Allows persons who hold land in joint
tenancy or tenancy in common to compel the sale of the land if all of
the persons who hold an interest in the land cannot agree on the
partition of the land. Requires the sale of the land to be held at a public
auction advertised and conducted by a licensed auctioneer. Repeals
provisions concerning the compelled partition of land by persons who
hold land in joint tenancy or tenancy in common. Makes conforming
amendments.
Effective: July 1, 2010.
January 12, 2010, read first time and referred to Committee on Judiciary.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
property.
(1) A person that holds an interest in the land as a joint tenant or tenant-in-common either:
(A) in the person's own right; or
(B) as executor or trustee.
(2) If the sale of the estate of a decedent who held an interest in the land as a joint tenant or tenant in common is necessary, the decedent's administrator or executor.
(b) A trustee, an administrator, or an executor may be made a defendant in an action for the partition of real estate to answer as to any interest the trustee, administrator, or executor has in the real estate.
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2. (a) A person
described in section 1(a) of this chapter may file a petition to compel
partition the sale of the land in the circuit court or court having
probate jurisdiction of the county in which the land or any part of the
land is located.
(b) A petition filed under subsection (a) must contain the following:
(1) A description of the premises.
(2) The rights and titles in the land of the parties interested.
(1)
(2) upon default; or
(3) by consent of the parties;
the court determines that all the persons who hold an interest in land cannot agree on the partition
(b) An auctioneer who conducts an auction under this section may sell the land:
(1) as a single tract of land; or
(2) in any combination of two (2) or more tracts of land.
(c) After payment of the costs and expenses of an auction conducted under this section, the remaining proceeds of the sale shall be paid:
(1) under the direction of the court; and
(2) to the persons entitled to the proceeds according to their
respective interests in the land.
(d) If a trial is conducted under subsection (a)(1):
(1) all persons described in section 1 of this chapter shall be
made parties to the action; and
(2) a party who opposes the sale of the land under this chapter
has the burden of proof to show by a preponderance of the
evidence that all of the persons who hold an interest in the
land are able to agree on the partition of the land.
(b) The court shall assign costs and expenses awarded under subsection (a) against each
JULY 1, 2010]: Sec. 1. This chapter does not do the following:
(1) Provide an exclusive basis by which a joint owner in coal or
a lessee of the coal owner may enjoy their estate in the coal land.
(2) Diminish the rights of a joint owner of coal or a lessee of the
coal owner under common law.
(3) Diminish the appurtenant rights of a coal owner.
(4) Prohibit a joint owner from filing a petition for partition sale
under IC 32-17-4, provided that if the petition for partition sale is
filed in accordance with and subject to IC 32-23-12-9(d).
(5) Prohibit any entity with eminent domain powers from
acquiring all or a portion of the coal land by exercise of eminent
domain powers.
(1) enter into negotiations with the plaintiff;
(2) execute a coal lease in favor of the plaintiff covering the interest of the defendant that reflects the findings and judgment of the circuit or superior court; and
(3) promptly prepare and file a report of the coal lease stating the terms of the lease and the payments received for the lease and give notice to all parties appearing of record.
(b) The circuit or superior court shall review the coal lease under subsection (a) to determine if the sale is in accordance with the court's findings and judgment. If the circuit or superior court approves the sale of the coal lease, the court shall:
(1) issue an order confirming the sale; and
(2) issue an order terminating the trust.
(c) If, before an order confirming the lease pursuant to subsection (b) is issued, a party to the proceedings files, in accordance with subsection (d), a petition for
(d) Any petition for
chapter a petition for partition sale under IC 32-17-4 applicable to the
coal land, and the petition for partition sale is subsequently dismissed
or terminated prior to a final order of partition or sale, the same
defendant may not refile a subsequent petition for partition sale
applicable to the coal land under IC 32-17-4 until the proceedings
under this chapter are concluded.
(e) If a petition for partition sale is filed under IC 32-17-4 after an
order confirming a lease pursuant to subsection (b) has been issued,
any land partitioned or sold shall be partitioned or sold subject to the
lease.
; (10)IN0379.1.8. --> SECTION 8. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2010]: IC 32-17-4-3; IC 32-17-4-5; IC 32-17-4-6; IC 32-17-4-7; IC 32-17-4-8; IC 32-17-4-9; IC 32-17-4-10; IC 32-17-4-11; IC 32-17-4-12; IC 32-17-4-13; IC 32-17-4-14; IC 32-17-4-16; IC 32-17-4-17; IC 32-17-4-18; IC 32-17-4-19; IC 32-17-4-20; IC 32-17-4-22; IC 32-17-4-24.