§ 12-1509. Duty of commissioners - Report - Notice of time limit for filing exception or election.

A.  The commissioners shall make partition of the property among the parties according to their respective interests, if such partition can be made without manifest injury.  But if such partition cannot be made, the commissioners shall make a valuation and appraisement of the property.  They shall make a report of their proceedings to the court, forthwith.  For the purpose of this section the term "party" shall mean one who has been adjudged to own an undivided interest in the property involved in the action.

B.  Within ten (10) days after the report of commissioners is filed with the court clerk, the attorney for the plaintiff shall forward by certified mail to the attorney of record for every other party in the case and to each party not represented by an attorney, a copy of the commissioners' report and a notice stating that the time limit for filing an exception or an election to take the property at the appraisement, if partition cannot be made, is not later than twenty (20) days from the date the report was filed.  Before the expiration of the said twenty (20) days, the court may fix a different and longer period for the filing of an election.  The mailing of notice as required herein shall be certified by affidavit to be filed, attached to the original notice.  If a party has been served by publication, the notice of said time limit shall be published in one issue of a newspaper qualified to publish legal notices, at least ten (10) days prior to the expiration of the date to file exception or election.

C.  The time limit for filing an exception or an election to take property at appraisement, as prescribed in subsection B of this section, shall be calculated from the date the report of the commissioners is filed in the case.  On failure of the attorney for plaintiff to give notice within the time prescribed in subsection B of this section, the court, on application of any party, may extend the time for filing an exception or an election for the period not to exceed twenty (20) days from the date the application is heard.

R.L.1910,.§ 4948.  Amended by Laws 1974, c. 166, § 1, eff. Oct. 1, 1974; Laws 1975, c. 75, § 1, eff. Oct. 1, 1975; Laws 1979, c. 68, § 1, eff. Oct. 1, 1979; Laws 1995, c. 232, § 1, eff. Nov. 1, 1995.