2006 Utah Code - 78-39-13 — Duties and powers of referees -- Procedure.

     78-39-13.   Duties and powers of referees -- Procedure.
     In making the partition the referees must divide the property and allot the several portions thereof to the respective parties, quality and quantity relatively considered, according to the respective rights of the parties as determined by the court pursuant to the provisions of this chapter, designating the several portions by proper landmarks, and may employ a surveyor with the necessary assistants to aid them. In all cases the court shall direct the referees in making partition of land to allot the share of each of the parties owning an interest in the whole or any part of the premises sought to be partitioned, and to locate the share of each cotenant, so as to embrace as far as practicable the improvements made by such cotenant upon the property; and the value of the improvements made by the tenants in common must be excluded from the valuation in making allotments, and the land must be valued without regard to such improvements, in case the same can be done without material injury to the rights and interests of the other tenants in common owning such land; provided, however, that when the action is for partition of a mining claim among the tenants in common, joint tenants, copartners or parceners thereof, the court shall, by order, fix the time for the division of the claim by the referees, which shall be not less than twenty nor more than forty days from the day of the making of the order, except by consent of all the parties in interest who have appeared in the action. On the day designated in the order the referees shall go upon the claim to be divided and proceed to make division of the same as hereinafter provided, and shall continue from day to day until the same is completed. Two or more of the tenants in common, joint tenants, copartners or parceners may unite together for the purposes of such division, of which they shall give the referees written notice before they commence the division; and all who do not unite as aforesaid, or give notice of separate action, shall, for the purposes of division, be deemed and held to have united. The referees in their action shall recognize those named in the order of the court, or their agents and attorneys in fact duly appointed by instrument in writing, acknowledged as in cases of conveyances of real estate, a guardian of a minor, and a guardian entitled to the custody and the management of the estate of an insane person or other person adjudged incapable of conducting his own affairs, and as to the interest of each, shall be controlled entirely by the order of the court. At the time and place of division one of the referees, to be elected by them, shall in the manner of public auction offer to the party or parties who will take the least part or portion of such mining claim in proportion to the interest he or they may have therein, the privilege of first selecting the place at which his portion shall be located, and upon closing the bids the referees shall proceed to measure and mark off, by distinct metes and bounds, to the lowest bidder, his or their portion of such mining claim, at the place designated by him or them, according to the terms of his or their bid. When the referees have marked off and set apart the interest of the lowest bidder, as provided herein, they shall offer to the remaining parties the privilege of selection as herein mentioned and provided, and shall upon closing the bids proceed in the same manner to locate and mark off the portion of the lowest bidder, and shall thereafter continue in the same manner to receive bids and mark off the interest of the bidder or bidders until there shall remain but one party in interest, or parties united forming one interest. The party or parties remaining shall become the owner or owners, as the case may be, of the entire claim not marked off and set apart to other parties as hereinbefore provided, in proportion to their respective interests in the claim.

No Change Since 1953