(a) Except as provided in subsections (b) and (c) of this section, if the court determines that the property that is the subject of a partition action is heirs' property, the court shall determine the fair market value of the property by ordering an appraisal pursuant to subsection (d) of this section.
(b) If all cotenants have agreed to the value of the property or to another method of valuation, the court shall adopt that value or the value produced by the agreed method of valuation.
(c) If the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market value of the property and send notice to the parties of the value.
(d) If the court orders an appraisal, the court shall appoint a disinterested real estate appraiser licensed in this state to determine the fair market value of the property assuming sole ownership of the fee simple estate. On completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court.
(e) If an appraisal is conducted pursuant to subsection (d) of this section, not later than ten days after the date on which the appraisal is filed with the court, the court shall send notice to each party with a known address, stating:
(1) The appraised fair market value of the property;
(2) That the appraisal is available at the clerk's office; and
(3) That a party may file with the court an objection to the appraisal not later than thirty days after the date on which the notice is sent, stating the grounds for the objection.
(f) If an appraisal is filed with the court pursuant to subsection (d) of this section, the court shall conduct a hearing to determine the fair market value of the property not earlier than thirty days after the date on which a copy of the notice of the appraisal is sent to each party under subsection (e) of this section, whether or not an objection to the appraisal is filed under subdivision (3) of subsection (e) of this section. In addition to the court-ordered appraisal, the court may consider any other evidence of value offered by a party.
(g) After a hearing under subsection (f) of this section, but before considering the merits of the partition action, the court shall determine the fair market value of the property and send notice to the parties of the value.
(P.A. 15-234, S. 6.)
Structure Connecticut General Statutes
Chapter 919 - Partition or Sale of Real or Personal Property
Section 52-495. - Partition of joint and common estates.
Section 52-496. - Devise of freehold with contingent interest; partition.
Section 52-497. - Decrees to be recorded in land records.
Section 52-498. - Sale of land when trust cannot be executed.
Section 52-499. - Sale of land to promote the interest of beneficiaries.
Section 52-501. - Sale of building and land owned by different parties. Disposition of proceeds.
Section 52-502. - Orders to protect parties and effectuate sale. Sale by committee.
Section 52-503. - Partition or sale of property when estate in settlement.
Section 52-503f. - Short title: Uniform Partition of Heirs' Property Act.
Section 52-503g. - Definitions.
Section 52-503h. - Applicability of provisions.
Section 52-503i. - Service. Notice by posting.
Section 52-503j. - Committee members.
Section 52-503k. - Determination of value.
Section 52-503l. - Cotenant buyout.
Section 52-503m. - Partition alternatives.
Section 52-503n. - Considerations for partition in kind.
Section 52-503o. - Open-market sale. Sealed bids. Auction.
Section 52-503p. - Report of open-market sale.
Section 52-503q. - Uniformity of application and construction.
Section 52-503r. - Relation to Electronic Signatures in Global and National Commerce Act.