Senate Bill 379 Summary

• Allows joint tenants or tenants in common to compel the sale of shared land if all owners cannot agree on partition, effective July 1, 2010.

• Requires land sales to be conducted at public auction by a licensed auctioneer, with proceeds distributed to owners according to their respective interests after costs are paid.

• Shifts burden of proof to parties opposing sale to demonstrate by preponderance of evidence that all owners can agree on partition if a trial is conducted.

• Awards costs, expenses, and reasonable attorney's fees to the prevailing party in partition litigation, with costs apportioned against nonprevailing parties based on their relative interests in the land.

• Repeals previous provisions governing compelled partition and makes conforming amendments to coal land provisions in IC 32-23-12.