Section 55-1103 – FILING OF APPLICATION.
55-1103. FILING OF APPLICATION. The petition must be filed with the clerk of the district court. History: [(55-1103) R.S., sec. 3045; reen. R.C. & C.L., sec. 3183; C.S., sec. 5447; I.C.A., sec. 54-1103; am. 2012, ch. 20, sec. 26, p. 74.]
Section 55-1104 – NOTICE OF HEARING.
55-1104. NOTICE OF HEARING. A copy of the petition, with a notice of the time and place of hearing, must be served upon the claimant at least two (2) days before the hearing. History: [(55-1104) R.S., sec. 3046; reen. R.C. & C.L., sec. 3184; C.S., sec. 5448; I.C.A., sec. 54-1104.]
Section 55-1105 – APPOINTMENT OF APPRAISERS.
55-1105. APPOINTMENT OF APPRAISERS. At the hearing the judge may, upon proof of the service of a copy of the petition and notice, and of the facts stated in the petition, appoint three (3) disinterested residents of the county to appraise the value of the homestead. History: [(55-1105) 1863, p. 575, sec. 3; R.S., sec. […]
Section 55-1106 – OATH OF APPRAISERS.
55-1106. OATH OF APPRAISERS. The persons appointed, before entering upon the performance of their duties, must take an oath to faithfully perform the same. History: [(55-1106) R.S., sec. 3048; reen. R.C. & C.L., sec. 3186; C.S., sec. 5450; I.C.A., sec. 54-1106.]
Section 55-1107 – APPRAISAL.
55-1107. APPRAISAL. They must view the premises and appraise the value thereof, and if the appraised value exceeds the homestead exemption, they must determine whether the land claimed can be divided without material injury. History: [(55-1107) 1863, p. 575, sec. 3; R.S., sec. 3049; reen. R.C. & C.L., sec. 3187; C.S., sec. 5451; I.C.A., sec. […]
Section 55-1108 – REPORT OF APPRAISERS.
55-1108. REPORT OF APPRAISERS. Within ten (10) days after their appointment they must make to the judge a report in writing, which report must show the appraised value and their determination upon the matter of a division of the land claimed. History: [(55-1108) 1863, p. 575, sec. 3; R.S., sec. 3050; reen. R.C. & C.L., […]
Section 55-1109 – ORDER SETTING ASIDE EXEMPT PORTION.
55-1109. ORDER SETTING ASIDE EXEMPT PORTION. If, from the report, it appears to the judge that the land claimed can be divided without material injury, he must, by an order, direct the appraisers to set off to the claimant so much of the land, including the residence, as will amount in value to the homestead […]
Section 55-1110 – ORDER FOR SALE OF PREMISES.
55-1110. ORDER FOR SALE OF PREMISES. If, from the report, it appear to the judge that the land claimed exceeds in value the amount of the homestead exemption, and that it can not be divided, he must make an order directing its sale under the execution. History: [(55-1110) 1863, p. 575, sec. 3; R.S., sec. […]
Section 55-1111 – BID MUST EXCEED EXEMPTION.
55-1111. BID MUST EXCEED EXEMPTION. At such sale no bid must be received unless it exceeds the amount of the homestead exemption. History: [(55-1111) 1863, p. 575, sec. 3; R.S., sec. 3053; reen. R.C. & C.L., sec. 3191; C.S., sec. 5455; I.C.A., sec. 54-1111.]
Section 55-1112 – DISPOSAL OF PROCEEDS OF SALE.
55-1112. DISPOSAL OF PROCEEDS OF SALE. If the sale is made, the proceeds thereof, to the amount of the homestead exemption, must be paid to the claimant, and the balance applied to the satisfaction of the execution. History: [(55-1112) 1863, p. 575, sec. 3; R.S., sec. 3054; reen. R.C. & C.L., sec. 3192; C.S., sec. […]