State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-06 > 78b-6-1213

78B-6-1213. Duties and powers of referees -- Procedure.
(1) In making the partition the referees must divide the property among the respectiveparties as determined by the court pursuant to the provisions of this part.
(2) The referees may designate the portions by proper landmarks, and may employ asurveyor with the necessary assistants to aid them.
(3) In all cases the court shall direct the referees making the partition to:
(a) allot the share of each of the parties owning an interest; and
(b) locate the share of each cotenant, including, if possible, the improvements made bythe cotenant upon the property.
(4) The value of the improvements made by tenants in common shall be excluded fromthe valuation in making allotments if it can be done without material injury to the rights andinterests of the other tenants in common.
(5) If the action is for partition of a mining claim, the court shall order the division of theclaim by the referees not less than 20 nor more than 40 days from the date of the order, except byconsent of all the parties in interest who have appeared in the action.
(6) On the day designated in the order the referees shall go to the property to be dividedand proceed to divide the property. If the division requires more than one day to complete, thereferees shall continue from day to day until the division is completed.
(7) Two or more of the tenants in common, joint tenants, copartners, or parceners mayunite for the purposes of the division. The parties shall give the referees written notice of anyunions before the referees begin the division. All who do not unite or give notice of separateaction, shall, for the purposes of division, be considered to have united.
(8) The referees shall recognize:
(a) those named in the court order, their agents and attorneys;
(b) a guardian of a minor; and
(c) a guardian entitled to the custody and the management of the estate of an incompetentor incapacitated person.
(9) At the time and place of division one of the referees shall be selected to conduct theproceedings in the manner of public auction. The privilege of selecting first shall be offered tothe party who agrees to take the smallest portion of the claim in proportion to that party's interestin the claim. Once the bids are closed, the referees shall measure and mark off, by distinct metesand bounds, the portion of the claim designated by the lowest bidder.
(10) Once the referees have marked off and set apart the interest of the lowest bidder,they shall offer to the remaining parties the privilege of selection as provided, and shall uponclosing the bids, proceed in the same manner to locate and mark off the portion of the lowestbidder.
(11) The bidding shall continue and the interest of the lowest bidder marked off untilonly one party in interest remains. The party remaining shall become the owner of the remainderof the claim not marked off and set apart for the other parties.

Renumbered and Amended by Chapter 3, 2008 General Session