70-32-204. Application for appraisal — contents — filing
70-32-204. Application for appraisal — contents — filing. (1) The application must be made upon a verified petition showing: (a) the fact that an execution has been levied upon the homestead; (b) the name of the claimant; (c) that the value of the homestead exceeds the amount of the homestead exemption. (2) The petition must be filed with the clerk […]
70-32-205. Service of petition — notice of hearing
70-32-205. Service of petition — 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 2 days before the hearing. History: En. Sec. 1681, Civ. C. 1895; re-en. Sec. 4705, Rev. C. 1907; re-en. Sec. 6956, R.C.M. 1921; Cal. Civ. C. […]
70-32-206. Appointment of appraisers — oath
70-32-206. Appointment of appraisers — oath. (1) 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 disinterested residents and freeholders of the county to appraise the value of the homestead. (2) The persons appointed, before entering upon […]
70-32-207. Duty of appraisers
70-32-207. Duty of appraisers. 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: En. Sec. 1684, Civ. C. 1895; re-en. Sec. 4708, Rev. C. 1907; re-en. Sec. 6959, R.C.M. 1921; Cal. Civ. C. […]
70-32-208. Report of appraisers — contents
70-32-208. Report of appraisers — contents. Within 15 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: En. Sec. 1685, Civ. C. 1895; re-en. Sec. 4709, Rev. C. 1907; re-en. Sec. […]
70-32-209. Order dividing land — execution against remainder over exemption
70-32-209. Order dividing land — execution against remainder over exemption. If from the report it appears to the judge that the land claimed can be divided without material injury, the judge shall by an order direct the appraisers to set off to the claimant as much of the land, including the residence, that will amount in […]
70-32-210. Sale when land cannot be divided
70-32-210. Sale when land cannot be divided. If from the report it appears to the judge that the land claimed exceeds in value the amount of the homestead exemption and that it cannot be divided, the judge shall make an order directing its sale under execution. History: En. Sec. 1687, Civ. C. 1895; re-en. Sec. 4711, Rev. […]
70-32-211. Amount of bid
70-32-211. Amount of bid. At such sale no bid must be received unless it exceeds the amount of the homestead exemption. History: En. Sec. 1688, Civ. C. 1895; re-en. Sec. 4712, Rev. C. 1907; re-en. Sec. 6963, R.C.M. 1921; Cal. Civ. C. Sec. 1255; re-en. Sec. 6963, R.C.M. 1935; R.C.M. 1947, 33-119.
70-32-212. Application of proceeds of sale
70-32-212. Application 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: En. Sec. 1689, Civ. C. 1895; re-en. Sec. 4713, Rev. C. 1907; re-en. Sec. 6964, R.C.M. 1921; Cal. Civ. […]
70-31-311. Relocation payments and assistance
70-31-311. Relocation payments and assistance. For any project that results in the displacement of a person from the person’s home, business, or farm and for which federal financial assistance may be available to pay all or any part of the cost of displacement, an entity of the state or any public or private entity that has […]