§ 18-60-1013. Relation to Electronic Signatures in Global and National Commerce Act
This subchapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. […]
§ 18-60-902. Notice
(a) Upon receipt of the petition, the county clerk shall promptly give notice by publication at least one (1) time a week for at least two (2) consecutive weeks in some newspaper having a general circulation within the county. (b) (1) The notice shall state that the petition has been filed and that on a […]
§ 18-60-903. Hearing — Order — Appeal
(a) At the hearing, the county court shall hear all interested parties and, if the court determines that the easement has not been used by the public utility for a period of at least five (5) years and that vacating the easement would not be against the interest of the public, the court shall enter […]
§ 18-60-904. Effect of order — Removal of property
(a) When the county court issues an order vacating a public utility easement, the ownership of the real property through which the easement extends shall cease to be burdened with the easement. (b) The public utilities shall remove their property located on or beneath the realty subject to the easement within ninety (90) days after […]
§ 18-60-1001. Short title
This subchapter may be cited as the “Uniform Partition of Heirs Property Act”.
§ 18-60-1002. Definitions
In this subchapter: (1) (A) “Ascendant” means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual. (B) “Ascendant” includes an adoptive parent and his or her ascendants. (2) “Collateral” means an individual who is related to another individual under § 28-9-214 but who is not the […]
§ 18-60-1003. Applicability — Relation to other law
(a) This subchapter applies to partition actions filed on or after January 1, 2016. (b) In an action to partition real property under § 18-60-401 et seq., the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property must be partitioned under this subchapter […]
§ 18-60-1004. Service — Notice by posting
(a) This subchapter does 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 notice by publication and the court determines that the property may be heirs property, the plaintiff, not later than 10 days after the […]
§ 18-60-1005. Commissioners
If the court appoints commissioners pursuant to § 18-60-401 et seq., each commissioner, in addition to the requirements and disqualifications applicable to commissioners in § 18-60-401 et seq., must be disinterested and impartial and not a party to or a participant in the action.
§ 18-60-816. Redelivery bond
(a) (1) Within two (2) days after the taking of the property by the sheriff, in the case in which the property was not taken under an execution, the defendant or anyone for him or her may cause a bond to be executed to the plaintiff in the presence of the sheriff, by one (1) […]