US Lawyer Database

§ 18-60-817. Appraisement of property before taking bond

(a) Before taking any bond, upon the suggestion of either party that the value of the property is not truly stated in the order for its delivery and where the suggestion is on the part of the defendant, on his or her producing the property to the sheriff, the sheriff shall select three (3) disinterested […]

§ 18-60-1007. Cotenant buyout

(a) If any cotenant requested partition by sale, after the determination of value under § 18-60-1006, the court shall send notice to the parties that any cotenant except a cotenant that requested partition by sale may buy all the interests of the cotenants that requested partition by sale. (b) Not later than 45 days after […]

§ 18-60-818. Claim of third party to property

(a) (1) If a person other than the defendant or his or her agent claims the property taken by the sheriff and delivers to the sheriff his or her affidavit that he or she is entitled to the possession thereof, the sheriff shall not be bound to keep the property or deliver it to the […]

§ 18-60-1008. Partition alternatives

(a) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to § 18-60-1007, or if after conclusion of the buyout under § 18-60-1007, a cotenant remains that has requested partition in kind, the court shall order partition in kind unless the court, after consideration of […]

§ 18-60-819. Arrest and discharge of defendant

(a) If the property described in the order shall have been removed or concealed so that the officer cannot make delivery thereof, when the order contains a capias clause, the officer shall arrest the body of the defendant and hold him or her in custody in the same manner as on a capias ad respondendum […]

§ 18-60-1009. Considerations for partition in kind

(a) In determining under § 18-60-1008(a) whether partition in kind would result in great prejudice to the cotenants as a group, the court shall consider the following: (1) whether the heirs property practicably can be divided among the cotenants; (2) whether partition in kind would apportion the property in such a way that the aggregate […]

§ 18-60-820. Judgments generally

(a) In an action to recover the possession of personal property, judgment for the plaintiff may be for the delivery of the property, or for the value thereof in case a delivery cannot be had, and damages for the detention. (b) When the property has been delivered to the plaintiff and the defendant claims a […]

§ 18-60-821. Judgment against sureties

(a) (1) In all actions for the recovery of personal property, where the defendant has given a delivery bond as provided for by § 18-60-816, the court or jury trying the cause may render judgment against the defendant for the recovery of the property, or its value, together with all damages sustained by the detention […]

§ 18-60-822. Assessment of value and damages

In actions for recovery of specific personal property, the jury must assess the value of the property, and the damages for taking or detention, whenever, by their verdict, there will be a judgment for the recovery or return of the property.

§ 18-60-901. Petition to vacate

(a) The owners of realty that is encumbered by a public utility easement and located outside the boundaries of any city or town may petition the county court to vacate the public utility easement. (b) The petition shall clearly describe the easement.