KRS 381.135: Court -appointed commissioners to determine division of land jointly held

and allotment of dower or curtesy -- Survey requirement.

(1) (a) As used in this subsection:

1. "Ownership interest in a closely held farm corporation or partnership"

means any interest in a farm with one (1) or more of the shareholders or

partners owning twenty percent (20%) or more of the corporation or

partnership.

2. "Farm" means a tract of at least five (5) contiguous acres used for the

production of agricultural or horticult ural crops including, but not

limited to, livestock, livestock products, poultry, poultry products, grain,

hay, pastures, soybeans, tobacco, timber, orchard fruits, vegetables,

flowers, or ornamental plants, including provision for dwellings for

persons and their families who are engaged in the above agricultural use

on the tract, but not including residential building development for sale

or lease to the public.

(b) A person desiring a division of land held jointly with others, a person desiring

an allotme nt of dower or curtesy, or a person with an ownership interest of

twenty percent (20%) or more in a closely held farm corporation or

partnership may file in the Circuit Court of the county in which the land or the

greater part thereof lies a petition conta ining a description of the land, a

statement of the names of those having an interest in it, and the amount of

such interest, with a prayer for the division or allotment; and, thereupon, all

persons interested in the property who have not united in the pet ition shall be

summoned to answer not more than twenty (20) days after service of the

summons. The written evidences of the title to the land, or copies thereof, if

there be any, must be filed with the petition.

(2) The statutory guardian of an infant or g uardian or conservator of a person adjudged

mentally disabled may file or unite in the petition, in the names of, and in

conjunction with such infant or mentally disabled person; and, if the petition be

against an infant or mentally disabled person the gua rdian or conservator may

appear and defend for them; if they fail to do so, the court shall appoint a discreet

person for that purpose.

(3) Upon such a petition by all interested in the property, or upon the expiration of

twenty (20) days after the service of a summons on all who have an interest in the

property and have not united in the petition, the court may order the division, or

allotment of dower or curtesy, according to the rights of the parties.

(4) The court shall appoint three (3) competent perso ns as commissioners to determine

the division or allotment of land, having a due regard for the rights of all parties

interested. Before proceeding to act, the commissioners shall take an oath to

discharge their duty impartially.

(5) The order of appointme nt shall fix a time and place for the meeting of the

commissioners who shall meet accordingly; but, if prevented from meeting at the

time and place so fixed, they may meet as soon thereafter as convenient, and may

adjourn to such other time and place as th ey may agree upon, until their duty shall

be performed.

(6) The commissioners shall equitably determine the allotment to the parties of their

respective interests in the land. A registered land surveyor shall perform the actual

survey of the land in accord ance with the determination made by the

commissioners, and prepare the descriptions of the land, including all related maps,

plats, and documents, and he shall affix thereto his personal seal and signature,

unless such actual survey and the resultant descr iption, maps, plats, and documents

pertaining to this land are already in existence. The commissioners shall make

report thereof to the court, which may either confirm, set aside, or remand the report

to the commissioners for correction.

(7) If the report be confirmed, a commissioner to be appointed for the purpose shall, by

deed, convey to each party the land allotted to him.

(8) If the report be confirmed by the Circuit Court, it, together with said surveyor's

descriptions, survey and all related document s, and the applicable deeds shall be

certified by the clerk of that court to the county clerk, for record.

(9) Two (2) of the commissioners may act, if one (1) refuses or fails to do so.

(10) A party summoned may, by answer, controvert the allegations of the petition or

contest the rights claimed therein; and, thereupon, the case shall be tried and

decided as an ordinary action, but without the intervention of a jury.

(11) The costs of the action shall be apportioned among the parties in the ratio of t heir

interests, except that the costs arising from a contest of fact or law shall be adjudged

against the unsuccessful party.

(12) No verification of the pleadings shall be required.

(13) The commissioners and the land surveyor shall be paid a reasonable c ompensation,

to be taxed as costs.

(14) This section shall not affect the jurisdiction of courts of equity to make partition or

allot dower or curtesy.