MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Judiciary A

By: Representative Watson

AN ACT TO AMEND SECTIONS 11-21-11 AND 11-21-27, MISSISSIPPI CODE OF 1972, TO REQUIRE AN APPRAISAL ON LAND SOLD IN A PARTITION SUIT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 11-21-11, Mississippi Code of 1972, is amended as follows:

11-21-11. If, upon hearing, the court be of the opinion that a sale of the lands, or any part thereof, will better promote the interest of all parties than a partition in kind, or if the court be satisfied that an equal division cannot be made, it shall order a sale of the lands, or such part thereof as may be deemed proper, and a division of the proceeds among the cotenants according to their respective interests. The court may appoint a master to make the sale, and may make all proper orders to protect the rights of the parties interested. The court may order the sale of a part of the land and the partition in kind of the residue.

Before the court shall order a sale of the lands, the court shall cause an appraisal to be made of the property, the expense of which shall be taxed and collected as costs in the proceedings. Whenever the court causes an appraisal of the property to be made, then, subsequent to the receipt and filing of the appraisal with the court, the court shall hold in abeyance its order for sale of the land for a period of thirty (30) days in order to allow the parties the opportunity to reach an agreement as to a partition in kind or sale of the lands.

SECTION 2. Section 11-21-27, Mississippi Code of 1972, is amended as follows:

11-21-27. If, after a judgment for partition and the appointment of masters, it shall appear from the report of the masters, or on exceptions to their report, that a just and equal division of the land cannot be made, or that a sale will better promote the interest of all the cotenants, the court shall order a sale of the land, or such part thereof as may be deemed proper, and a division of the proceeds among those interested, as provided for.

Before the court shall order a sale of the lands, the court shall cause an appraisal to be made of the property, the expense of which shall be taxed and collected as costs in the proceedings. Whenever the court causes an appraisal of the property to be made, then, subsequent to the receipt and filing of the appraisal with the court, the court shall hold in abeyance its order for sale of the land for a period of thirty (30) days in order to allow the parties the opportunity to reach an agreement as to a partition in kind or sale of the lands.

SECTION 3. This act shall take effect and be in force from and after July 1, 2001.