Bill Text: IN SB0543 | 2011 | Regular Session | Amended
Bill Title: Partition.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2011-03-28 - First reading: referred to Committee on Judiciary [SB0543 Detail]
Download: Indiana-2011-SB0543-Amended.html
Citations Affected: IC 32-17.
Synopsis: Partition. Establishes a new procedure for partitioning
property that: (1) requires a court to refer the matter to mediation; and
(2) requires the court to order the property sold at auction if the parties
are not able to reach an agreement during mediation. Repeals
superseded provisions.
Effective: July 1, 2011.
January 20, 2011, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
February 7, 2011, reported favorably _ Do Pass.
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.
(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.
(c) At the time a person files a petition under this chapter, the person shall cause a title search to be made regarding the land that is the subject of the partition. The person shall file a copy of the results of the title search with the court.
dispute resolution. In its order referring the matter for mediation,
the court shall advise the parties that the real property will be sold
at auction if the parties are unable to reach an agreement not later
than sixty (60) days after the order is issued.
(b) If:
(1) less than sixty (60) days after the date the order was issued
under subsection (a), the parties report to the court that they
are unable to reach an agreement concerning some or all of
the property; or
(2) the parties have not reached an agreement concerning
some or all of the property not later than sixty (60) days after
the order was issued under subsection (a);
the court shall immediately order the property sold at auction and
the proceeds divided. If the parties have reached an agreement
concerning part of the property, the court shall order the sale at
auction of only those parcels of property with respect to which an
agreement has not been reached.
(c) If the court orders the property sold at auction, the court
shall grant the parties thirty (30) days after the date of the order
to select an auctioneer. If the parties are unable to select an
auctioneer not more than thirty (30) days after the court orders the
property to be sold, the court shall order the sheriff to sell the
property in the same manner that property is sold at execution
under IC 34-55-6.
(d) The court shall order the property to be sold not earlier than
thirty (30) or more than sixty (60) days after the date on which:
(1) the parties select an auctioneer; or
(2) the court orders the sheriff to sell the property;
whichever is applicable.
(e) At the time the court orders the property to be sold, the
court shall notify all lienholders and other persons with an interest
in the property, as identified in the title search required under
section 2 of this chapter, of the sale. The property shall be sold free
and clear of all liens and special assessments except prescriptive
easements and easements of record, with any sum secured by a lien
or special assessment to be satisfied from the proceeds of the sale.
(f) The person who causes a title search to be conducted under
section 2 of this chapter is entitled to indemnification from the
proceeds of the sale.
(g) Any person who has paid a tax or special assessment on the
property is entitled to pro rata indemnification from the proceeds
of the sale.
(h) Any person may advertise a sale under this section at the
person's own expense, but is not entitled to indemnification for
these expenses.
(i) After deduction of the amounts described in subsections (e),
(f), and (g) and the reasonable expenses of the sale, the court shall
divide the proceeds of the sale among the remaining property
owners in proportion to their ownership interest.
; (11)SB0543.1.3. --> SECTION 3. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2011]: IC 32-17-4-3; IC 32-17-4-4; 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 32-17-4-15; 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 32-17-4-21; IC 32-17-4-22; IC 32-17-4-24.
