S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7058--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 4, 2019
                                ___________
 
 Introduced by M. of A. DINOWITZ, WRIGHT -- read once and referred to the
   Committee  on Judiciary -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation to establishing the uniform partition of heirs property act

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The real property actions and proceedings law is amended by
 adding a new section 993 to read as follows:
   § 993. UNIFORM PARTITION OF HEIRS PROPERTY ACT. 1. SHORT TITLE.   THIS
 SECTION SHALL BE KNOWN AS THE "UNIFORM PARTITION OF HEIRS PROPERTY ACT".
   2.  DEFINITIONS.  FOR  PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ASCENDANT" MEANS AN INDIVIDUAL WHO PRECEDES ANOTHER INDIVIDUAL IN
 LINEAGE, IN THE DIRECT LINE OF ASCENT FROM SUCH OTHER INDIVIDUAL.
   (B) "COLLATERAL" MEANS AN INDIVIDUAL WHO IS RELATED TO  ANOTHER  INDI-
 VIDUAL  UNDER  THE  LAW OF INTESTATE SUCCESSION OF THIS STATE BUT WHO IS
 NOT SUCH OTHER INDIVIDUAL'S ASCENDANT OR DESCENDANT.
   (C) "DESCENDANT" MEANS AN INDIVIDUAL WHO FOLLOWS ANOTHER INDIVIDUAL IN
 LINEAGE, IN THE DIRECT LINE OF DESCENT FROM SUCH OTHER SUCH INDIVIDUAL.
   (D) "DETERMINATION OF VALUE" MEANS A COURT ORDER DETERMINING THE  FAIR
 MARKET  VALUE  OF  HEIRS  PROPERTY  UNDER SUBDIVISION SIX OR TEN OF THIS
 SECTION OR ADOPTING THE VALUATION OF  THE  PROPERTY  AGREED  TO  BY  ALL
 CO-TENANTS.
   (E)  "HEIRS  PROPERTY"  MEANS  REAL PROPERTY HELD IN TENANCY IN COMMON
 WHICH SATISFIES ALL OF THE FOLLOWING REQUIREMENTS AS OF THE FILING OF  A
 PARTITION ACTION:
   (I)  THERE  IS  NO AGREEMENT IN A RECORD BINDING ALL OF THE CO-TENANTS
 WHICH GOVERNS THE PARTITION OF THE PROPERTY;
   (II) ANY OF THE CO-TENANTS ACQUIRED TITLE  FROM  A  RELATIVE,  WHETHER
 LIVING OR DECEASED; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10955-03-9

 A. 7058--A                          2
 
   (III) ANY OF THE FOLLOWING APPLIES:
   (A) TWENTY PERCENT OR MORE OF THE INTERESTS ARE HELD BY CO-TENANTS WHO
 ARE RELATIVES;
   (B)  TWENTY PERCENT OR MORE OF THE INTERESTS ARE HELD BY AN INDIVIDUAL
 WHO ACQUIRED TITLE FROM A RELATIVE, WHETHER LIVING OR DECEASED;
   (C) TWENTY PERCENT OR MORE OF THE CO-TENANTS  ARE  RELATIVES  OF  EACH
 OTHER; OR
   (D)  ANY  CO-TENANT  WHO ACQUIRED TITLE FROM A RELATIVE RESIDES IN THE
 PROPERTY.
   (F) "PARTITION BY SALE" MEANS A COURT-ORDERED SALE OF THE ENTIRE HEIRS
 PROPERTY, OR THE PORTION THEREOF IN WHICH  ANY  CO-TENANT  WHO  ACQUIRED
 TITLE FROM A RELATIVE RESIDES, WHETHER BY AUCTION, SEALED BIDS, OR OPEN-
 MARKET SALE CONDUCTED UNDER SUBDIVISION TEN OF THIS SECTION.
   (G)  "PARTITION IN KIND" MEANS PARTITION OR DIVISION OF HEIRS PROPERTY
 INTO PHYSICALLY DISTINCT AND SEPARATELY TITLED PARCELS.
   (H) "RECORD" MEANS INFORMATION THAT IS INSCRIBED ON A TANGIBLE  MEDIUM
 OR THAT IS STORED IN AN ELECTRONIC OR OTHER MEDIUM AND IS RETRIEVABLE IN
 PERCEIVABLE FORM.
   (I)  "RELATIVE"  MEANS  AN  ASCENDANT, DESCENDANT, OR COLLATERAL OR AN
 INDIVIDUAL OTHERWISE RELATED TO ANOTHER INDIVIDUAL BY  BLOOD,  MARRIAGE,
 ADOPTION, OR LAW OF THIS STATE OTHER THAN UNDER THIS SECTION.
   3.  APPLICABILITY;  RELATION TO OTHER LAW. (A) THIS SECTION APPLIES TO
 PARTITION ACTIONS FILED ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
   (B) IN ANY ACTION TO PARTITION REAL PROPERTY, THE COURT  SHALL  DETER-
 MINE,  AFTER  NOTICE  AND  THE RIGHT TO BE HEARD AFFORDED TO EACH PARTY,
 WHETHER THE PROPERTY IS HEIRS PROPERTY. IF THE COURT DETERMINES THAT THE
 PROPERTY IS HEIRS PROPERTY, THE PROPERTY SHALL BE PARTITIONED IN ACCORD-
 ANCE WITH THIS SECTION UNLESS ALL OF THE CO-TENANTS OTHERWISE AGREE IN A
 RECORD.
   (C) THIS SECTION SHALL SUPPLEMENT THE  GENERAL  PARTITION  STATUTE  OF
 THIS  ARTICLE  AND,  IF  AN  ACTION  IS  GOVERNED BY THIS SECTION, SHALL
 REPLACE THE PROVISIONS OF SUCH GENERAL PARTITION STATUTE THAT ARE INCON-
 SISTENT WITH THIS SECTION.
   4. SERVICE; NOTICE BY POSTING. (A) THIS SECTION  SHALL  NOT  LIMIT  OR
 AFFECT  THE METHOD BY WHICH SERVICE OF A COMPLAINT IN A PARTITION ACTION
 MAY BE MADE.
   (B) IF THE PLAINTIFF IN A PARTITION ACTION SEEKS AN ORDER OF NOTICE BY
 PUBLICATION AND THE COURT DETERMINES THAT  THE  PROPERTY  MAY  BE  HEIRS
 PROPERTY,  THE  PLAINTIFF,  NOT  LATER  THAN  TEN DAYS AFTER THE COURT'S
 DETERMINATION, SHALL POST AND MAINTAIN WHILE THE  ACTION  IS  PENDING  A
 CONSPICUOUS  SIGN ON THE PROPERTY THAT IS THE SUBJECT OF THE ACTION. THE
 SIGN SHALL STATE THAT THE ACTION HAS COMMENCED AND IDENTIFY THE NAME AND
 ADDRESS OF THE COURT AND THE COMMON DESIGNATION BY WHICH THE PROPERTY IS
 KNOWN. THE COURT MAY REQUIRE THE PLAINTIFF TO PUBLISH ON  THE  SIGN  THE
 NAME OF THE PLAINTIFF AND THE KNOWN DEFENDANTS.
   5. SETTLEMENT CONFERENCE. (A) IN ANY PARTITION ACTION OF HEIRS PROPER-
 TY,  PLAINTIFFS  SHALL  FILE PROOF OF SERVICE WITHIN TWENTY DAYS OF SUCH
 SERVICE, HOWEVER SERVICE IS MADE, AND THE COURT SHALL HOLD  A  MANDATORY
 CONFERENCE  WITHIN SIXTY DAYS AFTER THE DATE WHEN A REQUEST FOR JUDICIAL
 INTERVENTION IS FILED, OR ON SUCH ADJOURNED DATE AS HAS BEEN  AGREED  TO
 BY  THE  PARTIES,  FOR  THE  PURPOSE  OF  HOLDING SETTLEMENT DISCUSSIONS
 PERTAINING TO THE RELATIVE RIGHTS AND OBLIGATIONS OF  THE  PARTIES  WITH
 RESPECT  TO  THE  SUBJECT PROPERTY INCLUDING, BUT NOT LIMITED TO, AS SET
 FORTH IN THIS SECTION.
   (B) UPON THE FILING OF A REQUEST FOR JUDICIAL INTERVENTION, THE  COURT
 SHALL  PROMPTLY  SEND  A NOTICE TO PARTIES ADVISING THEM OF THE TIME AND

 A. 7058--A                          3
 
 PLACE OF THE SETTLEMENT CONFERENCE, THE PURPOSE OF  THE  CONFERENCE  AND
 THE  REQUIREMENTS  OF  THIS  SECTION.  THE  NOTICE  SHALL  BE  IN A FORM
 PRESCRIBED BY THE OFFICE OF COURT ADMINISTRATION, OR, AT THE  DISCRETION
 OF  THE  OFFICE OF COURT ADMINISTRATION, THE ADMINISTRATIVE JUDGE OF THE
 JUDICIAL DISTRICT IN WHICH THE ACTION IS PENDING. PLAINTIFF SHALL POST A
 COPY OF THE SETTLEMENT CONFERENCE NOTICE IN A CONSPICUOUS PLACE  ON  THE
 PROPERTY WITHIN TWENTY DAYS OF THE DATE OF THE NOTICE.
   (C) THE SETTLEMENT CONFERENCE MAY BE ADJOURNED OR RECONVENED FROM TIME
 TO  TIME  AS APPROPRIATE DURING THE PENDENCY OF THE PARTITION ACTION. AT
 ANY CONFERENCE HELD PURSUANT TO THIS SECTION,  THE  PLAINTIFFS  AND  THE
 DEFENDANTS SHALL APPEAR IN PERSON OR BY COUNSEL, AND EACH PARTY'S REPRE-
 SENTATIVE  AT THE CONFERENCE SHALL BE FULLY AUTHORIZED TO DISPOSE OF THE
 ENTIRETY OR ANY PORTION OF THE CASE. IF THE DEFENDANT IS  APPEARING  PRO
 SE, THE COURT SHALL ADVISE THE DEFENDANT OF THE NATURE OF THE ACTION AND
 HIS OR HER RIGHTS AND RESPONSIBILITIES AS A DEFENDANT.
   (D)  AT THE FIRST SETTLEMENT CONFERENCE HELD PURSUANT TO THIS SECTION,
 IF THE DEFENDANT HAS NOT FILED AN ANSWER OR MADE A PRE-ANSWER MOTION  TO
 DISMISS,  THE COURT SHALL (I) ADVISE THE DEFENDANT OF THE REQUIREMENT TO
 ANSWER THE  COMPLAINT,  (II)  EXPLAIN  WHAT  IS  REQUIRED  TO  ANSWER  A
 COMPLAINT  IN COURT, (III) ADVISE THAT THE ABILITY TO CONTEST THE PARTI-
 TION ACTION AND ASSERT DEFENSES MAY BE LOST IF AN ANSWER IS  NOT  INTER-
 POSED,  (IV)  SET  A DEADLINE FOR ANY CO-TENANTS REQUESTING PARTITION BY
 SALE, AND (V) PROVIDE INFORMATION ABOUT AVAILABLE  RESOURCES  FOR  LEGAL
 ASSISTANCE. A DEFENDANT WHO APPEARS AT THE SETTLEMENT CONFERENCE BUT WHO
 FAILED TO FILE A TIMELY ANSWER, PURSUANT TO RULE THREE HUNDRED TWENTY OF
 THE CIVIL PRACTICE LAW AND RULES, SHALL BE PRESUMED TO HAVE A REASONABLE
 EXCUSE  FOR  THE  DEFAULT  AND  SHALL  BE PERMITTED TO SERVE AND FILE AN
 ANSWER, WITHOUT ANY SUBSTANTIVE DEFENSES DEEMED  TO  HAVE  BEEN  WAIVED,
 WITHIN  THIRTY  DAYS OF INITIAL APPEARANCE AT THE SETTLEMENT CONFERENCE.
 THE DEFAULT SHALL BE DEEMED  VACATED  UPON  SERVICE  AND  FILING  OF  AN
 ANSWER.
   (E)  BOTH  THE PLAINTIFFS AND DEFENDANTS SHALL NEGOTIATE IN GOOD FAITH
 TO REACH A MUTUALLY AGREEABLE RESOLUTION INCLUDING, BUT NOT LIMITED  TO,
 A  TENANCY  IN  COMMON AGREEMENT, A CO-TENANT BUYOUT AND THE ALLOCATION,
 MECHANICS AND FINANCING THEREOF AS PROVIDED IN SUBDIVISION SEVEN OF THIS
 SECTION, A PARTITION IN KIND AS PROVIDED IN SUBDIVISIONS EIGHT AND  NINE
 OF  THIS  SECTION, AN OPEN MARKET SALE AS PROVIDED IN SUBDIVISION TEN OF
 THIS SECTION, OR ANY OTHER AGREEMENT OR LOSS MITIGATION THAT IS FAIR AND
 REASONABLE CONSIDERING THE TOTALITY OF FACTORS LISTED IN  PARAGRAPH  (A)
 OF SUBDIVISION NINE OF THIS SECTION.
   (F)  IF  THE PARTIES DO NOT REACH A MUTUALLY AGREEABLE RESOLUTION, THE
 REFEREE, JUDICIAL HEARING OFFICER, OR  OTHER  STAFF  DESIGNATED  BY  THE
 COURT  TO  OVERSEE THE SETTLEMENT CONFERENCE PROCESS SHALL MAKE A REPORT
 OF FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATIONS  FOR  RELIEF
 TO  THE  COURT CONCERNING ANY PARTY'S FAILURE TO NEGOTIATE IN GOOD FAITH
 PURSUANT TO PARAGRAPH (E) OF THIS SUBDIVISION.  IF THE COURT  DETERMINES
 A  PLAINTIFF HAS FAILED TO NEGOTIATE IN GOOD FAITH, THE PARTITION ACTION
 SHALL BE DISMISSED.
   (G) ANY MOTIONS SUBMITTED BY ANY PARTY TO THE ACTION MAY  BE  HELD  IN
 ABEYANCE  WHILE THE SETTLEMENT CONFERENCE PROCESS IS ONGOING, EXCEPT FOR
 MOTIONS CONCERNING (I) A DETERMINATION OF THE PERCENTAGE  INTERESTS,  IF
 ANY, OWNED BY ANY ALLEGED CO-TENANT IF SUCH INTERESTS ARE IN DISPUTE AND
 (II)  COMPLIANCE  WITH  THIS  RULE  AND ITS IMPLEMENTING RULES INCLUDING
 APPLICATIONS TO EXTEND IN THE INTERESTS OF JUSTICE ANY  DEADLINES  FIXED
 HEREIN. 

 A. 7058--A                          4
 
   (H)  IN  ADDITION TO ANY OTHER QUALIFICATIONS OTHERWISE REQUIRED, EACH
 COMMISSIONER APPOINTED UNDER SECTION NINE HUNDRED FIFTEEN OF THIS  ARTI-
 CLE  AND ANY OFFICER APPOINTED TO CONDUCT A SALE SHALL BE DISINTERESTED,
 IMPARTIAL AND NOT RELATED TO A PARTY TO OR PARTICIPANT IN THE ACTION.
   6.  DETERMINATION OF VALUE. (A) IF THE COURT DETERMINES THAT THE PROP-
 ERTY THAT IS THE SUBJECT OF A PARTITION ACTION IS  HEIRS  PROPERTY,  THE
 COURT  SHALL  DETERMINE  THE FAIR MARKET VALUE OF THE HEIRS PROPERTY FOR
 PURPOSES OF SUBDIVISION SEVEN OF  THIS  SECTION  AS  FOLLOWS,  UTILIZING
 PARAGRAPH  (D)  OF THIS SUBDIVISION, UNLESS IT HAS DETERMINED THAT PARA-
 GRAPH (B) OR (C) OF THIS SUBDIVISION APPLY.
   (B) IF ALL CO-TENANTS HAVE AGREED TO THE VALUE OF THE PROPERTY  OR  TO
 ANOTHER  METHOD  OF  VALUATION,  THE COURT SHALL ADOPT SUCH VALUE OR THE
 VALUE PRODUCED BY THE AGREED METHOD OF VALUATION.
   (C) IF THE COURT DETERMINES THAT THE EVIDENTIARY VALUE OF AN APPRAISAL
 IS OUTWEIGHED BY THE COST OF THE APPRAISAL, THE COURT, AFTER AN  EVIDEN-
 TIARY HEARING, SHALL DETERMINE THE FAIR MARKET VALUE OF THE PROPERTY AND
 SEND NOTICE OF THE VALUE TO THE PARTIES.
   (D)  IF  PARAGRAPH  (B)  OR  (C) OF THIS SUBDIVISION DO NOT APPLY, THE
 COURT SHALL ORDER AN APPRAISAL BY A DISINTERESTED REAL ESTATE  APPRAISER
 LICENSED IN THIS STATE TO DETERMINE THE FAIR MARKET VALUE OF THE PROPER-
 TY.  ANY  DETERMINATION OF VALUE UNDER PARAGRAPH (C), (D), (F) OR (G) OF
 THIS SUBDIVISION SHALL ASSUME SOLE OWNERSHIP OF THE FEE  SIMPLE  ESTATE.
 ON  COMPLETION  OF  THE  APPRAISAL,  THE APPRAISER SHALL FILE A SWORN OR
 VERIFIED APPRAISAL WITH THE COURT.
   (E) NOT LATER THAN TEN DAYS AFTER AN APPRAISAL IS  FILED  UNDER  PARA-
 GRAPH (D) OF THIS SUBDIVISION, THE COURT SHALL SEND NOTICE TO EACH PARTY
 WITH A KNOWN ADDRESS, STATING:
   (I)  THE  APPRAISED FAIR MARKET VALUE OF THE PROPERTY PLUS THE ALLOWED
 COST OF THE APPRAISAL;
   (II) THAT THE APPRAISAL IS AVAILABLE AT THE CLERK'S OFFICE; AND
   (III) THAT A PARTY MAY  FILE  WITH  THE  COURT  AN  OBJECTION  TO  THE
 APPRAISAL  NOT  LATER THAN THIRTY DAYS AFTER THE NOTICE IS SENT, STATING
 THE GROUNDS FOR THE OBJECTION.
   (F) IF AN APPRAISAL IS FILED WITH THE COURT PURSUANT TO PARAGRAPH  (D)
 OF  THIS SUBDIVISION, THE COURT SHALL CONDUCT A HEARING TO DETERMINE THE
 FAIR MARKET VALUE OF THE PROPERTY NOT SOONER THAN THIRTY  DAYS  AFTER  A
 COPY  OF  THE  NOTICE OF THE APPRAISAL IS SENT TO EACH PARTY UNDER PARA-
 GRAPH (E) OF THIS SUBDIVISION,  WHETHER  OR  NOT  AN  OBJECTION  TO  THE
 APPRAISAL  IS  FILED  UNDER  SUBPARAGRAPH (III) OF PARAGRAPH (E) OF THIS
 SUBDIVISION. IN ADDITION TO THE COURT-ORDERED APPRAISAL, THE  COURT  MAY
 CONSIDER ANY OTHER EVIDENCE OF VALUE OFFERED BY A PARTY.
   (G)  AFTER  A  HEARING  UNDER  PARAGRAPH  (F) OF THIS SUBDIVISION, BUT
 BEFORE CONSIDERING THE MERITS OF THE PARTITION ACTION, THE  COURT  SHALL
 DETERMINE  THE  FAIR MARKET VALUE OF THE PROPERTY AND SEND NOTICE TO THE
 PARTIES OF THE VALUE.
   7. CO-TENANT BUYOUT. (A) EVERY  CO-TENANT  WHO  REQUESTS  OR  JOINS  A
 REQUEST  FOR PARTITION OF HEIRS PROPERTY BY SALE HAS THEREBY AGREED THAT
 HIS OR HER INTEREST MAY BE ACQUIRED IN ACCORDANCE HEREWITH AT THE  VALUE
 DETERMINED  UNDER  SUBDIVISION SIX OF THIS SECTION BY THE CO-TENANTS WHO
 HAVE NOT SOUGHT OR JOINED IN THE REQUEST FOR  PARTITION  BY  SALE.  UPON
 DETERMINATION  THAT  THE  PROPERTY  IS  HEIRS  PROPERTY AND PRIOR TO THE
 DETERMINATION OF VALUE UNDER SUBDIVISION SIX OF THIS SECTION, THE  COURT
 SHALL  SEND  NOTICE  TO  ALL PARTIES IDENTIFYING THE OWNERS OF INTERESTS
 THAT HAVE SOUGHT PARTITION BY SALE, THE PERCENTAGE INTERESTS SUCH OWNERS
 ALLEGE TO HOLD AND OF THE RIGHT OF THE  REMAINING  CO-TENANTS  TO  AVERT

 A. 7058--A                          5
 
 PARTITION  BY SALE BY EXERCISING THE RIGHT TO PURCHASE ALL OF THE INTER-
 ESTS OF THE CO-TENANTS WHO REQUESTED PARTITION BY SALE.
   (B)  NOT  LATER  THAN FORTY-FIVE DAYS AFTER THE NOTICE OF THE DETERMI-
 NATION OF VALUE UNDER SUBDIVISION SIX OF THIS SECTION IS SENT AND BY THE
 DATE SPECIFIED IN SUCH NOTICE, ANY CO-TENANT, EXCEPT  A  CO-TENANT  THAT
 REQUESTED  PARTITION  BY SALE, MAY GIVE NOTICE TO THE COURT OF THE TOTAL
 AMOUNT OF PERCENTAGE INTERESTS SUBJECT TO PURCHASE THAT HE OR SHE ELECTS
 TO BUY; PROVIDED, HOWEVER, THE COURT SHALL MAKE A DETERMINATION OF  EACH
 CO-TENANT'S PERCENTAGE OWNERSHIP INTEREST IN THE PROPERTY PRIOR TO SEND-
 ING  NOTICE OF THE DETERMINATION OF VALUE IF SUCH INTEREST IS IN DISPUTE
 AND SHALL CONSIDER ALL FACTS AS DETERMINED BY THE COURT AND PRESENTED BY
 THE PARTIES, AND ALL LAWS AND RULES THAT GOVERN THE TRANSFER, SUCCESSION
 AND ACQUISITION OF TITLE THROUGH PROBATE, INTESTACY OR OTHERWISE.
   (C) THE PURCHASE PRICE FOR PERCENTAGE INTERESTS SHALL BE THE VALUE  OF
 THE  ENTIRE  PARCEL  DETERMINED  UNDER  SUBDIVISION  SIX OF THIS SECTION
 MULTIPLIED BY THE AGGREGATE AMOUNT OF THE PERCENTAGE  INTERESTS  SUBJECT
 TO PURCHASE.
   (D)  AFTER  EXPIRATION OF THE PERIOD IN PARAGRAPH (B) OF THIS SUBDIVI-
 SION, THE FOLLOWING RULES APPLY:
   (I) IF ONE OR MORE CO-TENANTS HAVE ELECTED IN THE AGGREGATE TO BUY  AT
 LEAST  THE TOTAL AMOUNT OF PERCENTAGE INTERESTS SUBJECT TO PURCHASE, THE
 COURT SHALL NOTIFY ALL THE PARTIES OF SUCH FACT.
   (II) IF THE ELECTING CO-TENANTS' OFFERS EQUAL OR EXCEED THE AMOUNT  OF
 PERCENTAGE  INTERESTS  SUBJECT TO PURCHASE, THE COURT SHALL ALLOCATE THE
 RIGHT TO BUY THOSE INTERESTS AMONG THE ELECTING CO-TENANTS BASED ON EACH
 ELECTING CO-TENANT'S EXISTING FRACTIONAL OWNERSHIP OF THE ENTIRE  PARCEL
 DIVIDED  BY  THE  TOTAL  EXISTING FRACTIONAL OWNERSHIP OF ALL CO-TENANTS
 ELECTING TO BUY, RESERVING PRIORITY, FIRST, TO ELECTING  CO-TENANTS  WHO
 ACQUIRED  THE  INTEREST  FROM A RELATIVE AND RESIDE IN THE PROPERTY AND,
 SECOND, TO ALL OTHER ELECTING CO-TENANTS  WHO  ACQUIRED  THEIR  INTEREST
 FROM A RELATIVE, AND SEND NOTICE TO ALL THE PARTIES OF THE FOREGOING AND
 OF THE PRICE TO BE PAID BY EACH ELECTING CO-TENANT.
   (III)  IF CO-TENANTS WITH THE RIGHT TO ELECT FAIL TO ELECT TO PURCHASE
 THE ENTIRETY OF THE INTERESTS OF  THE  CO-TENANTS  WHOSE  INTERESTS  ARE
 SUBJECT  TO  PURCHASE, THE COURT SHALL SEND NOTICE TO ALL THE PARTIES OF
 SUCH FACT AND RESOLVE THE PARTITION ACTION UNDER PARAGRAPHS (A) AND  (B)
 OF SUBDIVISION EIGHT OF THIS SECTION.
   (E) IF THE COURT SENDS NOTICE TO THE PARTIES UNDER SUBPARAGRAPH (I) OR
 (II)  OF  PARAGRAPH (D) OF THIS SUBDIVISION, THE COURT SHALL SET A DATE,
 NOT SOONER THAN SIXTY DAYS AFTER THE DATE THE NOTICE WAS SENT, BY  WHICH
 ELECTING  CO-TENANTS  MUST  PAY  THEIR APPORTIONED PRICE INTO THE COURT.
 AFTER THIS DATE, THE FOLLOWING RULES APPLY:
   (I) IF ALL ELECTING CO-TENANTS TIMELY PAY HIS OR HER APPORTIONED PRICE
 TO THE COURT, THE COURT SHALL ISSUE AN ORDER REALLOCATING ALL THE INTER-
 ESTS OF THE CO-TENANTS AND DISBURSE THE AMOUNTS HELD BY THE COURT TO THE
 PERSONS ENTITLED TO THEM.
   (II) IF NO ELECTING CO-TENANT  TIMELY  PAYS  HIS  OR  HER  APPORTIONED
 PRICE, THE COURT SHALL RESOLVE THE PARTITION ACTION UNDER PARAGRAPHS (A)
 AND  (B) OF SUBDIVISION EIGHT OF THIS SECTION AS IF THE INTERESTS OF THE
 CO-TENANTS THAT REQUESTED PARTITION BY SALE WERE NOT PURCHASED.
   (III) IF ONE OR MORE, BUT NOT ALL, OF THE ELECTING CO-TENANTS FAIL  TO
 PAY  THEIR  APPORTIONED  PRICE ON TIME, THE COURT, ON MOTION, SHALL GIVE
 NOTICE TO THE ELECTING CO-TENANTS THAT PAID THEIR APPORTIONED  PRICE  OF
 PERCENTAGE  OF THE UNPURCHASED INTERESTS REMAINING AND THE PRICE FOR ALL
 SUCH INTERESTS.

 A. 7058--A                          6
 
   (F) NOT LATER THAN TWENTY DAYS AFTER THE COURT GIVES  NOTICE  PURSUANT
 TO  SUBPARAGRAPH (III) OF PARAGRAPH (E) OF THIS SUBDIVISION, ANY CO-TEN-
 ANT THAT PAID HIS OR HER APPORTIONED PRICE MAY ELECT TO PURCHASE ALL  OF
 THE  REMAINING  INTEREST  BY PAYING THE ENTIRE PRICE TO THE COURT. AFTER
 THE TWENTY DAY PERIOD, THE FOLLOWING RULES SHALL APPLY:
   (I)  IF  ONLY  ONE  CO-TENANT  PAYS THE ENTIRE PRICE FOR THE REMAINING
 INTEREST, THE COURT SHALL ISSUE  AN  ORDER  REALLOCATING  THE  REMAINING
 INTEREST  TO  SUCH  CO-TENANT.  THE  COURT SHALL ISSUE PROMPTLY AN ORDER
 REALLOCATING THE INTERESTS OF ALL OF THE  CO-TENANTS  AND  DISBURSE  THE
 AMOUNTS HELD BY THE COURT TO THE PERSONS ENTITLED TO SUCH AMOUNTS.
   (II) IF NO CO-TENANT PAYS THE ENTIRE PRICE FOR THE REMAINING INTEREST,
 THE  COURT  SHALL  RESOLVE THE PARTITION ACTION UNDER PARAGRAPHS (A) AND
 (B) OF SUBDIVISION EIGHT OF THIS SECTION AS  IF  THE  INTERESTS  OF  THE
 CO-TENANTS THAT REQUESTED PARTITION BY SALE WERE NOT PURCHASED.
   (III) IF MORE THAN ONE CO-TENANT PAYS THE ENTIRE PRICE FOR THE REMAIN-
 ING  INTEREST,  THE  COURT  SHALL  REAPPORTION THOSE REMAINING INTERESTS
 AMONG THOSE PAYING CO-TENANTS, BASED ON EACH PAYING CO-TENANT'S ORIGINAL
 FRACTIONAL OWNERSHIP OF THE ENTIRE PARCEL DIVIDED BY THE TOTAL  ORIGINAL
 FRACTIONAL  OWNERSHIP  OF  ALL CO-TENANTS THAT PAID THE ENTIRE PRICE FOR
 THE REMAINING INTEREST. THE COURT SHALL ISSUE PROMPTLY AN ORDER  REALLO-
 CATING  ALL  OF  THE CO-TENANTS' INTERESTS, DISBURSE THE AMOUNTS HELD BY
 THE COURT TO THE PERSONS ENTITLED TO SUCH AMOUNTS, AND  PROMPTLY  REFUND
 ANY EXCESS PAYMENT HELD BY THE COURT.
   (G) NOT LATER THAN FORTY-FIVE DAYS AFTER THE COURT SENDS NOTICE TO THE
 PARTIES  PURSUANT  TO  PARAGRAPH  (A) OF THIS SUBDIVISION, ANY CO-TENANT
 ENTITLED TO BUY AN INTEREST UNDER THIS SUBDIVISION MAY REQUEST THE COURT
 TO AUTHORIZE THE SALE AS PART OF THE PENDING ACTION OF THE INTERESTS  OF
 CO-TENANTS  NAMED  AS  DEFENDANTS AND SERVED WITH THE COMPLAINT BUT THAT
 DID NOT APPEAR IN THE ACTION.
   (H) IF THE COURT RECEIVES A TIMELY REQUEST UNDER PARAGRAPH (G) OF THIS
 SUBDIVISION, THE COURT, AFTER A HEARING, MAY DENY THE REQUEST OR AUTHOR-
 IZE THE REQUESTED ADDITIONAL SALE ON SUCH TERMS AS THE COURT  DETERMINES
 ARE FAIR AND REASONABLE, SUBJECT TO THE FOLLOWING LIMITATIONS:
   (I)  A SALE AUTHORIZED UNDER THIS SUBDIVISION MAY OCCUR ONLY AFTER THE
 PURCHASE PRICES FOR ALL INTERESTS SUBJECT TO SALE UNDER PARAGRAPHS  (A),
 (B),  (C),  (D),  (E)  AND (F) OF THIS SUBDIVISION HAVE BEEN PAID TO THE
 COURT AND SUCH INTERESTS HAVE BEEN REALLOCATED AMONG THE  CO-TENANTS  AS
 PROVIDED IN SUCH PARAGRAPHS; AND
   (II)  THE PURCHASE PRICE FOR THE INTEREST OF A NON-APPEARING CO-TENANT
 IS BASED ON THE COURT'S DETERMINATION OF VALUE UNDER SUBDIVISION SIX  OF
 THIS SECTION.
   8.  PARTITION ALTERNATIVES. (A) IF ALL THE INTERESTS OF ALL CO-TENANTS
 THAT REQUESTED PARTITION BY SALE ARE NOT PURCHASED BY  OTHER  CO-TENANTS
 PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION, OR IF AFTER CONCLUSION OF
 THE  BUYOUT UNDER SUBDIVISION SEVEN OF THIS SECTION, A CO-TENANT REMAINS
 THAT HAS REQUESTED PARTITION IN KIND, THE COURT SHALL ORDER PARTITION IN
 KIND UNLESS THE COURT, AFTER CONSIDERATION  OF  THE  FACTORS  LISTED  IN
 SUBDIVISION  NINE  OF  THIS  SECTION,  FINDS THAT PARTITION IN KIND WILL
 RESULT IN GREAT MANIFEST PREJUDICE TO THE  CO-TENANTS  AS  A  GROUP.  IN
 CONSIDERING  WHETHER TO ORDER PARTITION IN KIND, THE COURT SHALL APPROVE
 A REQUEST BY TWO OR MORE PARTIES  TO  HAVE  THEIR  INDIVIDUAL  INTERESTS
 AGGREGATED.
   (B)  IF THE COURT DOES NOT ORDER PARTITION IN KIND UNDER PARAGRAPH (A)
 OF THIS SUBDIVISION, THE COURT SHALL ORDER PARTITION BY SALE PURSUANT TO
 SUBDIVISION TEN OF THIS SECTION PROVIDED THAT, IF  NO  CO-TENANT  TIMELY
 REQUESTED PARTITION BY SALE, THE COURT SHALL DISMISS THE ACTION.

 A. 7058--A                          7
 
   (C) IF THE COURT ORDERS PARTITION IN KIND PURSUANT TO PARAGRAPH (A) OF
 THIS  SUBDIVISION, THE COURT MAY REQUIRE THAT ONE OR MORE CO-TENANTS PAY
 ONE OR MORE OTHER CO-TENANTS AMOUNTS SO THAT THE PAYMENTS, TAKEN TOGETH-
 ER WITH THE VALUE OF THE IN KIND DISTRIBUTIONS TO THE  CO-TENANTS,  WILL
 MAKE  THE PARTITION IN KIND JUST AND PROPORTIONATE IN VALUE TO THE FRAC-
 TIONAL INTERESTS HELD.
   (D) IF THE COURT ORDERS PARTITION IN KIND, THE COURT SHALL ALLOCATE TO
 THE CO-TENANTS THAT ARE UNKNOWN, CANNOT BE LOCATED, OR THE SUBJECT OF  A
 DEFAULT JUDGMENT, IF THE CO-TENANTS INTERESTS WERE NOT BOUGHT OUT PURSU-
 ANT TO SUBDIVISION SEVEN OF THIS SECTION, A PART OF THE PROPERTY REPRES-
 ENTING  THE  COMBINED  INTERESTS OF SUCH CO-TENANTS AS DETERMINED BY THE
 COURT AND SUCH PART OF THE PROPERTY SHALL REMAIN UNDIVIDED.
   9. CONSIDERATIONS FOR PARTITION IN  KIND.  (A)  IN  DETERMINING  UNDER
 SUBDIVISION EIGHT OF THIS SECTION WHETHER PARTITION IN KIND WOULD RESULT
 IN  GREAT  MANIFEST  PREJUDICE  TO  THE CO-TENANTS AS A GROUP, THE COURT
 SHALL CONSIDER THE FOLLOWING:
   (I) WHETHER THE HEIRS PROPERTY PRACTICABLY CAN BE  DIVIDED  AMONG  THE
 CO-TENANTS;
   (II)  WHETHER PARTITION IN KIND WOULD APPORTION THE PROPERTY IN SUCH A
 WAY THAT THE AGGREGATE FAIR MARKET VALUE OF THE PARCELS  RESULTING  FROM
 THE  DIVISION  WOULD  BE  MATERIALLY  LESS  THAN  THE  AMOUNT REASONABLY
 EXPECTED TO BE REALIZED IF THE PROPERTY WERE SOLD  AS  A  WHOLE,  TAKING
 INTO  ACCOUNT  THE  CONDITIONS  UNDER  WHICH A COURT-ORDERED SALE LIKELY
 WOULD OCCUR;
   (III) EVIDENCE OF THE COLLECTIVE DURATION OF OWNERSHIP  OR  POSSESSION
 OF  THE PROPERTY BY A CO-TENANT AND ONE OR MORE PREDECESSORS IN TITLE OR
 PREDECESSORS IN POSSESSION TO THE CO-TENANT WHO ARE OR WERE RELATIVES OF
 THE CO-TENANT OR EACH OTHER;
   (IV) A CO-TENANT'S SENTIMENTAL ATTACHMENT TO THE  PROPERTY,  INCLUDING
 ANY  ATTACHMENT  ARISING  BECAUSE  THE  PROPERTY  HAS ANCESTRAL OR OTHER
 UNIQUE OR SPECIAL VALUE TO THE CO-TENANT;
   (V) THE LAWFUL USE BEING MADE OF THE PROPERTY BY A RESIDENT  OR  OTHER
 CO-TENANT  AND THE DEGREE TO WHICH ANY SUCH CO-TENANT WOULD BE HARMED IF
 THE CO-TENANT COULD NOT CONTINUE THE SAME USE OF THE PROPERTY;
   (VI) THE DEGREE TO WHICH THE CO-TENANTS  HAVE  CONTRIBUTED  THEIR  PRO
 RATA  SHARE OF THE PROPERTY TAXES, INSURANCE, AND OTHER EXPENSES ASSOCI-
 ATED WITH MAINTAINING OWNERSHIP OF THE PROPERTY OR HAVE  CONTRIBUTED  TO
 THE PHYSICAL IMPROVEMENT, MAINTENANCE, OR UPKEEP OF THE PROPERTY;
   (VII)  THE  PRICE,  TERMS  AND  CONDITIONS  OF  THE ACQUISITION OF THE
 CO-TENANT'S INTEREST IN THE PROPERTY IF SUCH CO-TENANT IS NOT A RELATIVE
 OF THE PERSON FROM WHOM IT ACQUIRED HIS OR HER INTEREST; AND
   (VIII) ANY OTHER RELEVANT FACTOR.
   (B) THE COURT SHALL NOT CONSIDER ANY ONE FACTOR IN  PARAGRAPH  (A)  OF
 THIS  SUBDIVISION TO BE DISPOSITIVE WITHOUT WEIGHING THE TOTALITY OF ALL
 RELEVANT FACTORS AND CIRCUMSTANCES.
   10. OPEN-MARKET SALE, SEALED BIDS, OR AUCTION. (A) IF THE COURT ORDERS
 A SALE OF HEIRS PROPERTY, NOTWITHSTANDING SECTION TWO HUNDRED THIRTY-ONE
 OF THIS CHAPTER, SUCH SALE SHALL  BE  AN  OPEN-MARKET  SALE  UNDER  THIS
 SUBDIVISION  UNLESS  THE  COURT  FINDS  THAT A SALE BY SEALED BIDS OR AN
 AUCTION WOULD BE MORE ECONOMICALLY ADVANTAGEOUS AND IN THE BEST INTEREST
 OF THE CO-TENANTS AS A GROUP.
   (B) IF THE COURT ORDERS AN OPEN-MARKET SALE AND THE PARTIES, NOT LATER
 THAN TEN DAYS AFTER THE ENTRY OF THE  ORDER,  AGREE  ON  A  REAL  ESTATE
 BROKER  LICENSED IN THIS STATE TO OFFER THE PROPERTY FOR SALE, THE COURT
 SHALL APPOINT THE BROKER AND ESTABLISH A REASONABLE COMMISSION.  IF  THE
 PARTIES  DO  NOT  AGREE ON A BROKER, THE COURT SHALL APPOINT A DISINTER-

 A. 7058--A                          8
 
 ESTED REAL ESTATE BROKER LICENSED IN THIS STATE TO  OFFER  THE  PROPERTY
 FOR  SALE  AND SHALL ESTABLISH A REASONABLE COMMISSION. THE BROKER SHALL
 OFFER THE PROPERTY FOR SALE IN A COMMERCIALLY  REASONABLE  MANNER  AT  A
 PRICE  NO  LOWER  THAN  THE  DETERMINATION OF VALUE AND ON THE TERMS AND
 CONDITIONS ESTABLISHED BY THE COURT.
   (C) IF THE BROKER APPOINTED UNDER PARAGRAPH (B)  OF  THIS  SUBDIVISION
 OBTAINS  WITHIN  A REASONABLE TIME AN OFFER TO PURCHASE THE PROPERTY FOR
 AT LEAST THE DETERMINATION OF VALUE:
   (I) THE BROKER SHALL COMPLY WITH THE REPORTING REQUIREMENTS IN  SUBDI-
 VISION ELEVEN OF THIS SECTION; AND
   (II)  THE  SALE  MAY  BE COMPLETED IN ACCORDANCE WITH THE LAWS OF THIS
 STATE OTHER THAN THIS SECTION.
   (D) IF THE BROKER APPOINTED UNDER PARAGRAPH (B)  OF  THIS  SUBDIVISION
 DOES  NOT OBTAIN WITHIN A REASONABLE TIME AN OFFER TO PURCHASE THE PROP-
 ERTY FOR AT LEAST THE DETERMINATION OF VALUE, THE COURT, AFTER  A  HEAR-
 ING, MAY:
   (I)  ORDER  THAT THE PROPERTY CONTINUE TO BE OFFERED FOR AN ADDITIONAL
 TIME, BY THE SAME OR A SUBSTITUTE BROKER, IN ACCORDANCE  WITH  PARAGRAPH
 (B) OF THIS SUBDIVISION; OR
   (II) IF IT DETERMINES THAT DOING SO WOULD NOT BE IN THE BEST INTERESTS
 OF THE PARTIES, APPROVE THE HIGHEST OUTSTANDING OFFER.
   (E) IF AFTER THE COURT HAS APPOINTED A SUBSTITUTE BROKER AND THERE ARE
 NO  REASONABLE OFFERS FOR THE PROPERTY, THE COURT MAY ORDER THE PROPERTY
 BE SOLD BY SEALED BIDS OR AN AUCTION AND, THE COURT SHALL SET TERMS  AND
 CONDITIONS  OF  THE  SALE.  IF  THE COURT ORDERS AN AUCTION, THE AUCTION
 SHALL BE CONDUCTED IN ACCORDANCE WITH SECTION TWO HUNDRED THIRTY-ONE  OF
 THIS CHAPTER.
   (F) IF A PURCHASER IS ENTITLED TO A SHARE OF THE PROCEEDS OF THE SALE,
 THE  PURCHASER  IS  ENTITLED  TO A CREDIT AGAINST THE PRICE IN AN AMOUNT
 EQUAL TO THE PURCHASER'S SHARE OF THE NET PROCEEDS.
   11. REPORT OF OPEN-MARKET SALE. (A) UNLESS REQUIRED TO DO SO WITHIN  A
 SHORTER  TIME BY THIS ARTICLE, A BROKER APPOINTED UNDER PARAGRAPH (B) OF
 SUBDIVISION TEN OF THIS SECTION TO OFFER HEIRS PROPERTY FOR  OPEN-MARKET
 SALE  SHALL FILE A REPORT WITH THE COURT NOT LATER THAN SEVEN DAYS AFTER
 RECEIVING AN OFFER TO PURCHASE THE  PROPERTY  FOR  AT  LEAST  THE  VALUE
 DETERMINED UNDER SUBDIVISION SIX OR TEN OF THIS SECTION.
   (B)  THE  REPORT  REQUIRED  BY PARAGRAPH (A) OF THIS SUBDIVISION SHALL
 CONTAIN THE FOLLOWING INFORMATION:
   (I) A DESCRIPTION OF THE PROPERTY TO BE SOLD TO EACH BUYER;
   (II) THE NAME OF EACH BUYER;
   (III) THE PROPOSED PURCHASE PRICE;
   (IV) THE TERMS AND CONDITIONS OF  THE  PROPOSED  SALE,  INCLUDING  THE
 TERMS OF ANY OWNER FINANCING;
   (V) THE AMOUNTS TO BE PAID TO LIENHOLDERS;
   (VI) A STATEMENT OF CONTRACTUAL OR OTHER ARRANGEMENTS OR CONDITIONS OF
 THE BROKER'S COMMISSION; AND
   (VII) OTHER MATERIAL FACTS RELEVANT TO THE SALE.
   § 2. This act shall take effect immediately.