Maryland 2022 Regular Session

Maryland Senate Bill SB92 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	LAWRENCE J. HOGAN, JR., Governor Ch. 402
2	1
3		-	– 1 –
4		-	Chapter 402
5		-	(Senate Bill 92)
6	2
7		-	AN ACT concerning
	3	+	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
	4	+	[Brackets] indicate matter deleted from existing law.
	5	+	Underlining indicates amendments to bill.
	6	+	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
	7	+	amendment.
	8	+	sb0092
8	9
9		-	Maryland Uniform Partition of Heirs Property Act
10		-	Real Property – Partition of Property
	10	+	SENATE BILL 92
	11	+	N1, N2 2lr0801
	12	+	(PRE–FILED) CF HB 777
	13	+	By: Senator Augustine Senators Augustine, Hettleman, Sydnor, and West
	14	+	Requested: October 18, 2021
	15	+	Introduced and read first time: January 12, 2022
	16	+	Assigned to: Judicial Proceedings
	17	+	Committee Report: Favorable with amendments
	18	+	Senate action: Adopted
	19	+	Read second time: March 3, 2022
11	20
12		-	FOR the purpose of requiring the court in an action to partition real property to determine
13		-	whether the property is heirs property for the purpose of partition of the property
14		-	among certain cotenants and if so, to determine the market value of the property
15		-	unless the court makes certain determinations; establishing procedures for the
16		-	purchase of interests in heirs real property by cotenants, for the partition in kind of
17		-	heirs real property among cotenants, and for the partition by sale of heirs real
18		-	property on the open market by a real estate broker licensed in this State; and
19		-	generally relating to the partition of heirs real property.
	21	+	CHAPTER ______
20	22
21		-	BY repealing and reenacting, with amendments,
22		-	Article – Estates and Trusts
23		-	Section 9–107
24		-	Annotated Code of Maryland
25		-	(2017 Replacement Volume and 2021 Supplement)
	23	+	AN ACT concerning 1
26	24
27		-	BY repealing and reenacting, with amendments,
28		-	Article – Real Property
29		-	Section 14–107
30		-	Annotated Code of Maryland
31		-	(2015 Replacement Volume and 2021 Supplement)
	25	+	Maryland Uniform Partition of Heirs Property Act 2
	26	+	Real Property – Partition of Property 3
32	27
33		-	BY adding to
34		-	Article – Real Property
35		-	Section 14–701 through 14–713 to be under the new subtitle “Subtitle 7. Maryland
36		-	Uniform Partition of Heirs Property Act Partition of Real Property”
37		-	Annotated Code of Maryland
38		-	(2015 Replacement Volume and 2021 Supplement)
	28	+	FOR the purpose of requiring the court in an action to partition real property to determine 4
	29	+	whether the property is heirs property for the purpose of partition of the property 5
	30	+	among certain cotenants and if so, to determine the market value of the property 6
	31	+	unless the court makes certain determinations; establishing procedures for the 7
	32	+	purchase of interests in heirs real property by cotenants, for the partition in kind of 8
	33	+	heirs real property among cotenants, and for the partition by sale of heirs real 9
	34	+	property on the open market by a real estate broker licensed in this State; and 10
	35	+	generally relating to the partition of heirs real property. 11
39	36
40		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
41		-	That the Laws of Maryland read as follows:
	37	+	BY repealing and reenacting, with amendments, 12
	38	+	Article – Estates and Trusts 13
	39	+	Section 9–107 14
	40	+	Annotated Code of Maryland 15
	41	+	(2017 Replacement Volume and 2021 Supplement) 16
42	42
43		-	Article – Estates and Trusts
	43	+	BY repealing and reenacting, with amendments, 17
	44	+	Article – Real Property 18
	45	+	Section 14–107 19
	46	+	Annotated Code of Maryland 20
	47	+	(2015 Replacement Volume and 2021 Supplement) 21
	48	+	2 SENATE BILL 92
44	49
45		-	9–107.
46	50
47		-	(a) (1) When two or more heirs or legatees are entitled to distribution of
48		-	undivided interests in property of the estate, the personal representative or one or more of Ch. 402 2022 LAWS OF MARYLAND
	51	+	BY adding to 1
	52	+	Article – Real Property 2
	53	+	Section 14–701 through 14–713 to be under the new subtitle “Subtitle 7. Maryland 3
	54	+	Uniform Partition of Heirs Property Act Partition of Real Property” 4
	55	+	Annotated Code of Maryland 5
	56	+	(2015 Replacement Volume and 2021 Supplement) 6
49	57
50		-	– 2 –
51		-	the heirs or legatees may petition the court before the formal or informal closing of the
52		-	estate, to make partition.
	58	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
	59	+	That the Laws of Maryland read as follows: 8
53	60
54		-	(2) After notice to the interested heirs or legatees AND SUBJECT TO THE
55		-	REQUIREMENTS OF TITLE 14, SUBTITLE 7 OF THE REAL PROPERTY ARTICLE, the
56		-	court shall partition the property in the same manner as provided by law for civil actions
57		-	of partition.
	61	+	Article – Estates and Trusts 9
58	62
59		-	(b) The court may direct the personal representative to sell property which cannot
60		-	be partitioned without prejudice to the owners and cannot conveniently be allotted to one
61		-	party.
	63	+	9–107. 10
62	64
63		-	Article – Real Property
	65	+	(a) (1) When two or more heirs or legatees are entitled to distribution of 11
	66	+	undivided interests in property of the estate, the personal representative or one or more of 12
	67	+	the heirs or legatees may petition the court before the formal or informal closing of the 13
	68	+	estate, to make partition. 14
64	69
65		-	14–107.
	70	+	(2) After notice to the interested heirs or legatees AND SUBJECT TO THE 15
	71	+	REQUIREMENTS OF TITLE 14, SUBTITLE 7 OF THE REAL PROPERTY ARTICLE, the 16
	72	+	court shall partition the property in the same manner as provided by law for civil actions 17
	73	+	of partition. 18
66	74
67		-	(a) (1) [A] SUBJECT TO THE REQUIR EMENTS OF SUBTITLE 7 OF THIS
68		-	TITLE, A circuit court may decree a partition of any property, either legal or equitable, on
69		-	the bill or petition of any joint tenant, tenant in common, parcener, or concurrent owner,
70		-	whether claiming by descent or purchase.
	75	+	(b) The court may direct the personal representative to sell property which cannot 19
	76	+	be partitioned without prejudice to the owners and cannot conveniently be allotted to one 20
	77	+	party. 21
71	78
72		-	(2) If [it appears that] the property cannot be divided without loss or injury
73		-	to the parties [interested], the court may decree its sale and divide the money resulting
74		-	from the sale among the parties according to their respective rights.
	79	+	Article – Real Property 22
75	80
76		-	(3) The right to a partition or sale includes the right to a partition or sale
77		-	of any separate lot or tract of property, and the bill or petition need not pray for a partition
78		-	of all the lots or tracts.
	81	+	14–107. 23
79	82
80		-	(b) This section applies regardless of whether any party, plaintiff, or defendant is
81		-	a minor, disabled, or a nonresident.
	83	+	(a) (1) [A] SUBJECT TO THE REQUIR EMENTS OF SUBTITLE 7 OF THIS 24
	84	+	TITLE, A circuit court may decree a partition of any property, either legal or equitable, on 25
	85	+	the bill or petition of any joint tenant, tenant in common, parcener, or concurrent owner, 26
	86	+	whether claiming by descent or purchase. 27
82	87
83		-	(c) ~~(1) A sale and deed made~~ [~~pursuant to~~] ~~UNDER an order of~~ the ~~court in the~~
84		-	~~exercise of~~ the ~~power provided in this section is good~~ and ~~sufficient at law to transfer~~
85		-	~~property of~~ the ~~person~~.
	88	+	(2) If [it appears that] the property cannot be divided without loss or injury 28
	89	+	to the parties [interested], the court may decree its sale and divide the money resulting 29
	90	+	from the sale among the parties according to their respective rights. 30
86	91
87		-	(2) A deed executed [in exercise of the above power provided in] UNDER
88		-	this section shall be executed by the person the court appoints for the purpose.
	92	+	(3) The right to a partition or sale includes the right to a partition or sale 31
	93	+	of any separate lot or tract of property, and the bill or petition need not pray for a partition 32
	94	+	of all the lots or tracts. 33
	95	+	SENATE BILL 92 3
89	96
90		-	(d) (1) If any bill or petition is filed under the provisions of this section for the
91		-	sale of property, any person holding a mortgage, other encumbrance on the property, or an
92		-	undivided interest in the property may be made a party to the bill, and the property shall
93		-	be sold free and clear of the mortgage or other encumbrance. [However]
94		-	LAWRENCE J. HOGAN, JR., Governor Ch. 402
95	97
96		-	– 3 –
97		-	(2) NOTWITHSTANDING THE R EQUIREMENTS OF PARAG RAPH (1) OF
98		-	THIS SUBSECTION , the rights of a lienor shall be protected in the distribution of the
99		-	proceeds of the sale.
	98	+	(b) This section applies regardless of whether any party, plaintiff, or defendant is 1
	99	+	a minor, disabled, or a nonresident. 2
100	100
101		-	SUBTITLE 7. MARYLAND UNIFORM PARTITION OF HEIRS PROPERTY ACT.
	101	+	(c) (1) A sale and deed made [pursuant to] UNDER an order of the court in the 3
	102	+	exercise of the power provided in this section is good and sufficient at law to transfer 4
	103	+	property of the person. 5
102	104
103		-	14–701.
	105	+	(2) A deed executed [in exercise of the above power provided in] UNDER 6
	106	+	this section shall be executed by the person the court appoints for the purpose. 7
104	107
105		-	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
106		-	INDICATED.
	108	+	(d) (1) If any bill or petition is filed under the provisions of this section for the 8
	109	+	sale of property, any person holding a mortgage, other encumbrance on the property, or an 9
	110	+	undivided interest in the property may be made a party to the bill, and the property shall 10
	111	+	be sold free and clear of the mortgage or other encumbrance. [However] 11
107	112
108		-	(B) ~~“ASCENDANT” MEANS AN INDIVIDUAL WHO PR ECEDES ANOTHER~~
109		-	~~INDIVIDUAL IN LINEAG E,~~ IN THE ~~DIRECT LINE O F ASCENT FROM~~ THE ~~OT HER~~
110		-	~~INDIVIDUAL~~.
	113	+	(2) NOTWITHSTANDING THE R EQUIREMENTS OF PARAGRAPH (1) OF 12
	114	+	THIS SUBSECTION , the rights of a lienor shall be protected in the distribution of the 13
	115	+	proceeds of the sale. 14
111	116
112		-	(C) “COLLATERAL” MEANS AN INDIVIDUAL WHO IS RELATED TO AN OTHER
113		-	INDIVIDUAL UNDER THE LAW OF INTESTATE SUC CESSION OF THIS STATE BUT WHO
114		-	IS NOT THE OTHER INDIVIDU AL’S ASCENDANT OR DESCE NDANT.
	117	+	SUBTITLE 7. MARYLAND UNIFORM PARTITION OF HEIRS PROPERTY ACT. 15
115	118
116		-	(D) “DESCENDANT” MEANS AN INDIVIDUAL WHO FOLLOWS ANOTHER
117		-	INDIVIDUAL IN LINEAG E, IN THE DIRECT LINE O F DESCENT FROM THE O THER
118		-	INDIVIDUAL.
	119	+	14–701. 16
119	120
120		-	(E) “DETERMINATION OF VALU E” MEANS A COURT ORDER DETERMINING
121		-	THE FAIR MARKET VALUE OF HEIRS PROPERTY UNDER § 14–705 OR § 14–709 OF THIS
122		-	SUBTITLE OR ADOPTING THE VALUATION OF THE PROPERTY AGREED TO B Y ALL
123		-	COTENANTS.
	121	+	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 17
	122	+	INDICATED. 18
124	123
125		-	(F) “~~HEIRS PROPERTY~~ ” MEANS ~~REAL PROPERTY HELD IN TENANCY IN~~
126		-	~~COMMON THAT SATISFIE S~~ THE ~~FOLLOWING REQU IREMENTS AS OF~~ THE ~~FILIN G OF A~~
127		-	~~PARTITION ACTION :~~
	124	+	(B) “ASCENDANT” MEANS AN INDIVIDUAL WHO PRECEDES ANOTHER 19
	125	+	INDIVIDUAL IN LINEAG E, IN THE DIRECT LINE O F ASCENT FROM THE OT HER 20
	126	+	INDIVIDUAL. 21
128	127
129		-	(1) THERE IS NO AGREEMENT IN A RECORD BINDING ALL THE
130		-	COTENANTS THAT GOVER NS THE PARTITION OF THE PROPERTY ;
	128	+	(C) “COLLATERAL” MEANS AN INDIVIDUAL WHO IS RELATED TO AN OTHER 22
	129	+	INDIVIDUAL UNDER THE LAW OF INTESTATE SUCCESSION OF THIS STATE BUT WHO 23
	130	+	IS NOT THE OTHER IND IVIDUAL’S ASCENDANT OR DESCE NDANT. 24
131	131
132		-	(2) ONE OR MORE OF THE CO TENANTS ACQUIRED TIT LE FROM A
133		-	RELATIVE, WHETHER LIVING OR DE CEASED; AND
	132	+	(D) “DESCENDANT” MEANS AN INDIVIDUAL WHO FOLLOWS ANOTHER 25
	133	+	INDIVIDUAL IN LINEAG E, IN THE DIRECT LINE O F DESCENT FROM THE O THER 26
	134	+	INDIVIDUAL. 27
134	135
135		-	(3) ANY OF THE FOLLOWING APPLIES:
	136	+	(E) “DETERMINATION OF VALUE” MEANS A COURT ORDER DETERMINING 28
	137	+	THE FAIR MARKET VALU E OF HEIRS PROPERTY UNDER § 14–705 OR § 14–709 OF THIS 29
	138	+	SUBTITLE OR ADOPTING THE VALUATION OF THE PROPERTY AGREED TO B Y ALL 30
	139	+	COTENANTS. 31
	140	+	4 SENATE BILL 92
136	141
137		-	(I) 20% OR MORE OF THE INTER ESTS ARE HELD BY COT ENANTS
138		-	WHO ARE RELATIVES ;
139		-	Ch. 402 2022 LAWS OF MARYLAND
140	142
141		-	– 4 –
142		-	(II) 20% OR MORE OF THE INTER ESTS ARE HELD BY AN
143		-	INDIVIDUAL WHO ACQUI RED TITLE FROM A REL ATIVE, WHETHER LIVING OR
144		-	DECEASED; OR
	143	+	(F) “HEIRS PROPERTY ” MEANS REAL PROPERTY HELD IN TENANCY IN 1
	144	+	COMMON THAT SATISFIE S THE FOLLOWING REQU IREMENTS AS OF THE F ILING OF A 2
	145	+	PARTITION ACTION : 3
145	146
146		-	(III) 20% OR MORE OF THE COTEN ANTS ARE RELATIVES .
	147	+	(1) THERE IS NO AGREEMENT IN A RECORD BINDING ALL THE 4
	148	+	COTENANTS THAT GOVER NS THE PARTITION OF THE PROPERTY ; 5
147	149
148		-	(G) “PARTITION BY SALE ” MEANS A COURT –ORDERED SALE OF THE ENTIRE
149		-	HEIRS PROPERTY , WHETHER BY AUCTION , SEALED BIDS, OR OPEN–MARKET SALE
150		-	CONDUCTED UNDER § 14–709 OF THIS SUBTITLE.
	150	+	(2) ONE OR MORE OF THE CO TENANTS ACQUIRED TIT LE FROM A 6
	151	+	RELATIVE, WHETHER LIVING OR DE CEASED; AND 7
151	152
152		-	(H) “PARTITION IN KIND” MEANS THE DIVISION OF HEIR S PROPERTY INTO
153		-	PHYSICALLY DISTINCT AND SEPARATELY TITLE D PARCELS.
	153	+	(3) ANY OF THE FOLLOWING APPLIES: 8
154	154
155		-	(I) “RECORD” MEANS INFORMATION TH AT IS INSCRIBED ON A TANGIBLE
156		-	MEDIUM OR THAT IS ST ORED IN AN ELECTRONI C OR OTHER MEDIUM AN D IS
157		-	RETRIEVABLE IN PERCE IVABLE FORM.
	155	+	(I) 20% OR MORE OF THE INTER ESTS ARE HELD BY COT ENANTS 9
	156	+	WHO ARE RELATIVES ; 10
158	157
159		-	(J) ~~“RELATIVE” MEANS~~ AN ~~ASCENDANT , A DESCENDANT , OR A COLLATERAL~~
160		-	OR ~~AN INDIVIDUAL OTH ERWISE RELATED TO AN OTHER INDIVIDUAL BY BLOOD,~~
161		-	~~MARRIAGE, ADOPTION,~~ OR ~~LAW OF THIS STATE OTHER THAN THIS SUBTITLE.~~
	158	+	(II) 20% OR MORE OF THE INTER ESTS ARE HELD BY AN 11
	159	+	INDIVIDUAL WHO ACQUI RED TITLE FROM A REL ATIVE, WHETHER LIVING OR 12
	160	+	DECEASED; OR 13
162	161
163		-	~~14–702~~.
	162	+	(III) 20% OR MORE OF THE COTEN ANTS ARE RELATIVES . 14
164	163
165		-	(A) ~~(1) IN AN ACTION TO PARTI TION REAL PROPERTY U NDER § 14–107~~ OF
166		-	~~THIS TITLE~~, ~~THE COURT SHALL DETE RMINE~~ WHETHER ~~THE PR OPERTY IS HEIRS~~
167		-	~~PROPERTY~~.
	164	+	(G) “PARTITION BY SALE ” MEANS A COURT –ORDERED SALE OF THE ENTIRE 15
	165	+	HEIRS PROPERTY , WHETHER BY AUCTION , SEALED BIDS, OR OPEN–MARKET SALE 16
	166	+	CONDUCTED UNDER § 14–709 OF THIS SUBTITLE. 17
168	167
169		-	(2) IF THE COURT DETERMIN ES THAT THE PROPERTY IS HEIRS
170		-	PROPERTY, THE PROPERTY SHALL B E PARTITIONED UNDER THIS SUBTITLE UNLESS
171		-	ALL OF THE COTENANTS AGREE OTHER WISE IN A RECORD .
	168	+	(H) “PARTITION IN KIND” MEANS THE DIVISION O F HEIRS PROPERTY INT O 18
	169	+	PHYSICALLY DISTINCT AND SEPARATELY TITLE D PARCELS. 19
172	170
173		-	(B) ~~THIS SUBTITLE SUPPLEM ENTS § 14–107 OF THIS TITLE AND , IF AN~~
174		-	~~ACTION~~ IS ~~GOVERNED B Y THIS SUBTITLE,~~ ~~REPLACES PROVISIONS OF § 14–107 OF~~
175		-	~~THIS TITLE THAT ARE INCONSISTENT WITH TH IS SUBTITLE~~.
	171	+	(I) “RECORD” MEANS INFORMATION TH AT IS INSCRIBED ON A TANGIBLE 20
	172	+	MEDIUM OR THAT IS ST ORED IN AN ELECTRONI C OR OTHER MEDIUM AN D IS 21
	173	+	RETRIEVABLE IN PERCE IVABLE FORM. 22
176	174
177		-	14–703.
	175	+	(J) “RELATIVE” MEANS AN ASCENDANT , A DESCENDANT , OR A COLLATERAL 23
	176	+	OR AN INDIVIDUAL OTH ERWISE RELATED TO AN OTHER INDIVIDUAL BY BLOOD, 24
	177	+	MARRIAGE, ADOPTION, OR LAW OF THIS STATE OTHER THAN THIS SUBTITLE. 25
178	178
179		-	(A) THIS SUBTITLE DOES NO T LIMIT OR AFFECT THE METHOD BY WHICH
180		-	SERVICE OF A COMPLAI NT IN A PARTITION AC TION MAY BE MADE .
	179	+	14–702. 26
181	180
182		-	(B) (1) IF THE PLAINTIFF IN A PARTITION ACTION SEE KS NOTICE BY
183		-	PUBLICATION AND THE COURT DETERMINES THA T THE PROPERTY MAY B E HEIRS
184		-	PROPERTY, THE PLAINTIFF , NOT LATER THA N 10 DAYS AFTER THE COURT ’S LAWRENCE J. HOGAN, JR., Governor Ch. 402
	181	+	(A) (1) IN AN ACTION TO PARTI TION REAL PROPERTY U NDER § 14–107 OF 27
	182	+	THIS TITLE, THE COURT SHALL DETE RMINE WHETHER THE PR OPERTY IS HEIRS 28
	183	+	PROPERTY. 29
	184	+	SENATE BILL 92 5
185	185
186		-	– 5 –
187		-	DETERMINATION , SHALL POST AND MAINT AIN WHILE THE ACTION IS PENDING A
188		-	CONSPICUOUS SIGN ON THE PROPERTY THAT IS THE SUBJECT OF THE A CTION.
189	186
190		-	(2) THE ~~SIGN SHALL STATE~~ THAT THE ~~ACTION HAS COMMENCED AND~~
191		-	~~IDENTIFY~~ THE ~~NAME AN D ADDRESS OF THE COURT AND T HE COMMON DESIGNATIO N~~
192		-	~~BY WHICH~~ THE ~~PROPERT Y IS KNOWN~~.
	187	+	(2) IF THE COURT DETERMIN ES THAT THE PROPERTY IS HEIRS 1
	188	+	PROPERTY, THE PROPERTY SHALL B E PARTITIONED UNDER THIS SUBTITLE UNLESS 2
	189	+	ALL OF THE COTENANTS AGREE OTHERWISE IN A RECORD. 3
193	190
194		-	(3) THE COURT MAY REQUIRE THE PLAINTIFF TO PUB LISH ON THE
195		-	SIGN THE NAME OF THE PLAINTIFF AND THE KN OWN DEFENDANTS .
	191	+	(B) THIS SUBTITLE SUPPLEM ENTS § 14–107 OF THIS TITLE AND , IF AN 4
	192	+	ACTION IS GOVERNED B Y THIS SUBTITLE, REPLACES PROVISIONS OF § 14–107 OF 5
	193	+	THIS TITLE THAT ARE INCONSISTENT WITH TH IS SUBTITLE. 6
196	194
197		-	14–~~704~~.
	195	+	14–703. 7
198	196
199		-	IF THE COURT APPOINTS COMMISSIONERS UNDER THE MARYLAND RULES,
200		-	EACH COMMISSIONER , IN ADDITION TO THE R EQUIREMENTS AND
201		-	DISQUALIFICATIONS AP PLICABLE TO COMMISSI ONERS UNDER THE MARYLAND
202		-	RULES, MUST BE DISINTERESTE D AND IMPARTIAL AND NOT A PARTY TO OR A
203		-	PARTICIPANT IN THE A CTION.
	197	+	(A) THIS SUBTITLE DOES NO T LIMIT OR AFFECT TH E METHOD BY WHICH 8
	198	+	SERVICE OF A COMPLAI NT IN A PARTITION AC TION MAY BE MADE . 9
204	199
205		-	14–705.
	200	+	(B) (1) IF THE PLAINTIFF IN A PARTITION ACTION SEE KS NOTICE BY 10
	201	+	PUBLICATION AND THE COURT DETERMINES THA T THE PROPERTY MAY BE HEIRS 11
	202	+	PROPERTY, THE PLAINTIFF , NOT LATER THAN 10 DAYS AFTER THE COURT ’S 12
	203	+	DETERMINATION , SHALL POST AND MAINT AIN WHILE THE ACTION IS PENDING A 13
	204	+	CONSPICUOUS SIGN ON THE PROPERTY THAT IS THE SUBJECT OF THE A CTION. 14
206	205
207		-	(A) EXCEPT AS PROVIDED IN SUBSECTIO NS (B) AND (C) OF THIS SECTION, IF
208		-	THE COURT DETERMINES THAT THE PROPERTY TH AT IS THE SUBJECT OF A
209		-	PARTITION ACTION IS HEIRS PROPERTY , THE COURT SHALL DETE RMINE THE FAIR
210		-	MARKET VALUE OF THE PROPERTY BY ORDERING AN APPRAISAL IN ACCORDANCE
211		-	WITH SUBSECTION (D) OF THIS SECTION.
	206	+	(2) THE SIGN SHALL STATE THAT THE ACTIO N HAS COMMENCED AND 15
	207	+	IDENTIFY THE NAME AN D ADDRESS OF THE COU RT AND THE COMMON DE SIGNATION 16
	208	+	BY WHICH THE PROPERT Y IS KNOWN. 17
212	209
213		-	(B) IF ALL COTENANTS HAVE AGREED TO THE VALUE OF THE PROPERTY OR
214		-	TO ANOTHER METHOD OF VALUATION, THE COURT SHALL ADOP T THAT VALUE OR
215		-	THE VALUE PRODUCED B Y THE AGREED METHOD OF VALUATION .
	210	+	(3) THE COURT MAY REQUIRE THE PLAINTIFF TO PUB LISH ON THE 18
	211	+	SIGN THE NAME OF THE PLAINTIFF AND THE KN OWN DEFENDANTS . 19
216	212
217		-	(C) IF THE COURT DETERMINES THAT THE EVIDENTIARY VALUE OF AN
218		-	APPRAISAL IS OUTWEIG HED BY THE COST OF T HE APPRAISAL, THE COURT, AFTER
219		-	AN EVIDENTIARY HEARI NG, SHALL DETERMINE THE FAIR MARKET VALUE OF THE
220		-	PROPERTY AND SEND NO TICE TO THE PARTIES OF THE VALUE.
	213	+	14–704. 20
221	214
222		-	(D) (1) IF THE COURT ORDERS AN APPRA ISAL, THE COURT SHALL
223		-	APPOINT A DISINTERES TED REAL ESTATE APPR AISER LICENSED IN TH E STATE TO
224		-	DETERMINE THE FAIR M ARKET VALUE OF THE P ROPERTY ASSUMING SOL E
225		-	OWNERSHIP OF THE FEE SIMPLE ESTATE .
	215	+	IF THE COURT APPOINTS CO MMISSIONERS UNDER TH E MARYLAND RULES, 21
	216	+	EACH COMMISSIONER , IN ADDITION TO THE R EQUIREMENTS AND 22
	217	+	DISQUALIFICATIONS AP PLICABLE TO COMMISSI ONERS UNDER THE MARYLAND 23
	218	+	RULES, MUST BE DISINTERESTE D AND IMPARTIAL AND NOT A PARTY TO OR A 24
	219	+	PARTICIPANT IN THE ACTION. 25
226	220
227		-	(2) ON COMPLETION OF THE APPRAISAL, THE APPRAISER SHALL FILE
228		-	A SWORN OR VERIFIED APPRAISAL WITH THE C OURT.
229		-	Ch. 402 2022 LAWS OF MARYLAND
	221	+	14–705. 26
230	222
231		-	– 6 –
232		-	(E) IF AN APPRAISAL IS CO NDUCTED UNDER SUBSEC TION (D) OF THIS
233		-	SECTION, NOT LATER THAN 10 DAYS AFTER THE APPRA ISAL IS FILED, THE COURT
234		-	SHALL SEND NOTICE TO EACH PARTY WITH A KN OWN ADDRESS , STATING:
	223	+	(A) EXCEPT AS PROVIDED IN SUBSECTIONS (B) AND (C) OF THIS SECTION, IF 27
	224	+	THE COURT DETERMINES THAT THE PROPERTY TH AT IS THE SUBJECT OF A 28
	225	+	PARTITION ACTION IS HEIRS PROPERTY , THE COURT SHALL DETE RMINE THE FAIR 29
	226	+	MARKET VALUE OF THE PROPERTY BY ORDERING AN APPRAISAL IN ACCO RDANCE 30
	227	+	WITH SUBSECTION (D) OF THIS SECTION. 31
	228	+	6 SENATE BILL 92
235	229
236		-	(1) THE APPRAISED FAIR MA RKET VALUE OF THE PR OPERTY;
237	230
238		-	(2) THAT THE APPRAISAL IS AVAILABLE AT THE OFF ICE OF THE
239		-	CLERK; AND
	231	+	(B) IF ALL COTENANTS HAVE AGREED TO THE VALUE OF THE PROPERTY OR 1
	232	+	TO ANOTHER METHOD OF VALUATION, THE COURT SHALL ADOP T THAT VALUE OR 2
	233	+	THE VALUE PRODUCED B Y THE AGREED MET HOD OF VALUATION . 3
240	234
241		-	(3) THAT A PARTY MAY FILE WITH THE COURT AN OB JECTION TO THE
242		-	APPRAISAL NOT LATER THAN 30 DAYS AFTER THE NOTIC E IS SENT, STATING THE
243		-	GROUNDS FOR THE OBJE CTION.
	235	+	(C) IF THE COURT DETERMIN ES THAT THE EVIDENTI ARY VALUE OF AN 4
	236	+	APPRAISAL IS OUTWEIG HED BY THE COST OF T HE APPRAISAL, THE COURT, AFTER 5
	237	+	AN EVIDENTIARY HEARI NG, SHALL DETERMINE THE FAIR MARKET VALUE OF THE 6
	238	+	PROPERTY AND SEND NO TICE TO THE PAR TIES OF THE VALUE . 7
244	239
245		-	(F) (1) IF AN APPRAISAL IS FI LED WITH THE COURT U NDER SUBSECTION
246		-	(D) OF THIS SECTION, THE COURT SHALL COND UCT A HEARING TO DET ERMINE THE
247		-	FAIR MARKET VALUE OF THE PROPERTY NOT SOO NER THAN 30 DAYS AFTER A COPY
248		-	OF THE NOTICE OF THE APPRAISAL IS SENT TO EACH PARTY UNDER SUB SECTION (E)
249		-	OF THIS SECTION , WHETHER OR NOT AN OB JECTION TO THE APPRA ISAL IS FILED
250		-	UNDER SUBSECTION (E)(3) OF THIS SECTION.
	240	+	(D) (1) IF THE COURT ORDERS A N APPRAISAL , THE COURT SHALL 8
	241	+	APPOINT A DISINTERES TED REAL ESTATE APPR AISER LICENSED IN TH E STATE TO 9
	242	+	DETERMINE THE FAIR M ARKET VALUE OF THE P ROPERTY ASSUMING SOL E 10
	243	+	OWNERSHIP OF THE FEE SIMPLE ESTATE . 11
251	244
252		-	(2) ~~IN ADDITION TO~~ THE ~~CO URT–ORDERED~~ APPRAISAL , THE ~~COURT~~
253		-	~~MAY CONSIDER ANY OTHER EVIDEN CE OF VALUE OFFERED BY~~ A ~~PARTY~~.
	245	+	(2) ON COMPLETION OF THE APPRAISAL, THE APPRAISER SHALL FILE 12
	246	+	A SWORN OR VERIFIED APPRAISAL WITH THE C OURT. 13
254	247
255		-	(G) AFTER A HEARING UNDER SUBSECTION (F) OF THIS SECTION , BUT
256		-	BEFORE CONSIDERING T HE MERITS OF THE PAR TITION ACTION, THE COURT SHALL
257		-	DETERMINE THE FAIR M ARKET VALUE OF THE P ROPERTY AND SEND NOT ICE TO THE
258		-	PARTIES OF THE VALUE .
	248	+	(E) IF AN APPRAISAL IS CO NDUCTED UNDER SUBSEC TION (D) OF THIS 14
	249	+	SECTION, NOT LATER THAN 10 DAYS AFTER THE APPRA ISAL IS FILED, THE COURT 15
	250	+	SHALL SEND NOTICE TO EACH PARTY WITH A KNOWN ADDRESS , STATING: 16
259	251
260		-	~~14–706.~~
	252	+	(1) THE APPRAISED FAIR MA RKET VALUE OF THE PR OPERTY; 17
261	253
262		-	(A) IF ANY COTENANT REQUE STED PARTITION BY SA LE, AFTER THE
263		-	DETERMINATION OF VAL UE UNDER § 14–705 OF THIS SUBTITLE , THE COURT SHALL
264		-	SEND NOTICE TO THE P ARTIES THAT ANY COTE NANT, EXCEPT A COTENANT TH AT
265		-	REQUESTED PARTITION BY SALE, MAY BUY ALL THE INTE RESTS OF THE COTENAN TS
266		-	THAT REQUESTED PARTI TION BY SALE.
	254	+	(2) THAT THE APPRAISAL IS AVAILABLE AT THE OFF ICE OF THE 18
	255	+	CLERK; AND 19
267	256
268		-	(B) NOT LATER THAN 45 DAYS AFTER THE NOTIC E IS SENT UNDER
269		-	SUBSECTION (A) OF THIS SECTION , ANY COTENANT , EXCEPT A COTENANT TH AT
270		-	REQUESTED PARTITION BY SALE, MAY GIVE NOT ICE TO THE COURT THA T THE
271		-	COTENANT ELECTS TO B UY ALL THE INTERESTS OF THE COTENANTS THA T
272		-	REQUESTED PARTITION BY SALE.
273		-	LAWRENCE J. HOGAN, JR., Governor Ch. 402
	257	+	(3) THAT A PARTY MAY FILE WITH THE COURT AN OB JECTION TO THE 20
	258	+	APPRAISAL NOT LATER THAN 30 DAYS AFTER THE NOTIC E IS SENT, STATING THE 21
	259	+	GROUNDS FOR THE OBJE CTION. 22
274	260
275		-	– 7 –
276		-	(C) THE PURCHASE PRICE FO R EACH OF THE INTERE STS OF A COTENANT
277		-	THAT REQUESTED PARTI TION BY SALE IS THE VALUE OF THE ENTIRE PARCEL
278		-	DETERMINED UNDER § 14–705 OF THIS SUBTITLE MUL TIPLIED BY THE COTEN ANT’S
279		-	FRACTIONAL OWNERSHIP OF THE ENTIRE PARCEL .
	261	+	(F) (1) IF AN APPRAISAL IS FI LED WITH THE COURT U NDER SUBSECTION 23
	262	+	(D) OF THIS SECTION, THE COURT SHALL COND UCT A HEARING TO DET ERMINE THE 24
	263	+	FAIR MARKET VALUE OF THE PROPERTY NOT SOONER THAN 30 DAYS AFTER A COPY 25
	264	+	OF THE NOTICE OF THE APPRAISAL IS SENT TO EACH PARTY UNDER SUB SECTION (E) 26
	265	+	OF THIS SECTION , WHETHER OR NOT AN OB JECTION TO THE APPRA ISAL IS FILED 27
	266	+	UNDER SUBSECTION (E)(3) OF THIS SECTION. 28
280	267
281		-	(D) ~~AFTER EXPIRATION OF T HE PERIOD DESCRIBED~~ IN ~~SUBSECTION (B) OF~~
282		-	~~THIS SECTION,~~ ~~THE FOLLOWING RULES APPLY:~~
	268	+	(2) IN ADDITION TO THE CO URT–ORDERED APPRAISAL , THE COURT 29
	269	+	MAY CONSIDER ANY OTH ER EVIDENCE OF VALUE OFFERED BY A PARTY . 30
283	270
284		-	(1) IF ONLY ONE COTENANT ELECTS TO BUY ALL THE INTEREST S OF
285		-	THE COTENANTS THAT R EQUESTED PARTITION B Y SALE, THE COURT SHALL NOTI FY
286		-	ALL THE PARTIES ;
	271	+	(G) AFTER A HEARING UNDER SUBSECTION (F) OF THIS SECTION , BUT 31
	272	+	BEFORE CONSIDERING T HE MERITS OF THE PAR TITION ACTION, THE COURT SHALL 32
	273	+	DETERMINE THE FAIR M ARKET VALUE OF THE PROPERTY AND SEN D NOTICE TO THE 33
	274	+	PARTIES OF THE VALUE . 34 SENATE BILL 92 7
287	275
288		-	(2) IF MORE THAN ONE COTE NANT ELECTS TO BUY A LL THE
289		-	INTERESTS OF THE COT ENANTS THAT REQUESTE D PARTITION BY SALE , THE COURT
290		-	SHALL:
291	276
292		-	(I) ALLOCATE THE RIGHT TO BUY THOSE INTERESTS AMONG
293		-	THE ELECTING COTENAN TS BASED ON EACH ELE CTING COTENANT ’S EXISTING
294		-	FRACTIONAL OWNERSHIP OF THE ENTIRE PARCEL DIVIDED BY THE TOTAL EXISTING
295		-	FRACTIONAL OWNERSHIP OF ALL COTENANTS ELE CTING TO BUY;
296	277
297		-	(II) NOTIFY ALL THE PARTIES TH AT MORE THAN ONE
298		-	COTENANT ELECTED TO BUY ALL THE INTEREST S OF THE COTENANTS T HAT
299		-	REQUESTED PARTITION BY SALE; AND
	278	+	14–706. 1
300	279
301		-	(III) SEND NOTICE OF THE PR ICE TO BE PAID BY EA CH ELECTING
302		-	COTENANT; OR
	280	+	(A) IF ANY COTENANT REQUE STED PARTITION BY SA LE, AFTER THE 2
	281	+	DETERMINATION OF VAL UE UNDER § 14–705 OF THIS SUBTITLE , THE COURT SHALL 3
	282	+	SEND NOTICE TO THE P ARTIES THAT ANY COTE NANT, EXCEPT A COTENANT THAT 4
	283	+	REQUESTED PARTITION BY SALE, MAY BUY ALL THE INTE RESTS OF THE COTENAN TS 5
	284	+	THAT REQUESTED PARTI TION BY SALE. 6
303	285
304		-	(3) IF NO COTENANT ELECTS TO BUY ALL THE I NTERESTS OF THE
305		-	COTENANTS THAT REQUE STED PARTITION BY SA LE, THE COURT SHALL SEND
306		-	NOTICE TO ALL THE PA RTIES AND RESOLVE TH E PARTITION ACTION U NDER §
307		-	14–709(A) AND (B) OF THIS SUBTITLE.
	286	+	(B) NOT LATER THAN 45 DAYS AFTER THE NOTIC E IS SENT UNDER 7
	287	+	SUBSECTION (A) OF THIS SECTION , ANY COTENANT , EXCEPT A COTENANT TH AT 8
	288	+	REQUESTED PARTITION BY SALE , MAY GIVE NOTICE TO T HE COURT THAT THE 9
	289	+	COTENANT ELECTS TO B UY ALL THE INTERESTS OF THE COTENANTS THA T 10
	290	+	REQUESTED PARTITION BY SALE. 11
308	291
309		-	(E) ~~(1) IF~~ THE ~~COURT SENDS NO TICE TO~~ THE ~~PARTIES UNDER~~
310		-	~~SUBSECTION (D)(1) OR (2)~~ OF ~~THIS SECTION ,~~ THE ~~COURT SHALL SET A DATE NOT~~
311		-	~~SOONER THAN 60 DAYS AFTER~~ THE ~~DATE THE NOTICE WAS SENT BY WHICH~~
312		-	~~ELECTING COTENANTS M UST PAY THEIR APPORT IONED PRICE INTO~~ THE ~~COURT~~.
	292	+	(C) THE PURCHASE PRICE FO R EACH OF THE INTERE STS OF A COTENANT 12
	293	+	THAT REQUESTED PARTI TION BY SALE IS THE VALUE OF THE ENTIRE PARCEL 13
	294	+	DETERMINED UNDER § 14–705 OF THIS SUBTITLE MUL TIPLIED BY THE COTEN ANT’S 14
	295	+	FRACTIONAL OWNERSHIP OF THE ENTIRE PARCEL . 15
313	296
314		-	(2) AFTER ~~THE DATE SET BY THE COURT UNDER PARA GRAPH~~ (1) OF
315		-	THIS ~~SUBSECTION~~ , THE FOLLOWING RULES APPLY:
	297	+	(D) AFTER EXPIRATION OF T HE PERIOD DESCRIBED IN SUBSECTION (B) OF 16
	298	+	THIS SECTION, THE FOLLOWING RULES APPLY: 17
316	299
317		-	(I) IF ALL ELECTING COTEN ANTS PAY THEIR APPOR TIONED
318		-	PRICE INTO COURT ON TIME, THE COURT SHALL ISSU E AN ORDER REALLOCAT ING Ch. 402 2022 LAWS OF MARYLAND
	300	+	(1) IF ONLY ONE COTENANT ELECTS TO BUY ALL TH E INTERESTS OF 18
	301	+	THE COTENANTS THAT R EQUESTED PARTITION B Y SALE, THE COURT SHALL NOTI FY 19
	302	+	ALL THE PARTIES ; 20
319	303
320		-	~~– 8 –~~
321		-	~~ALL THE~~ INTERESTS OF THE ~~COTENANTS AND DI SBURSE~~ THE ~~AMOUNTS H ELD BY THE~~
322		-	~~COURT TO THE PERSONS ENTITLED TO THE FUNDS;~~
	304	+	(2) IF MORE THAN ONE COTE NANT ELECTS TO BUY A LL THE 21
	305	+	INTERESTS OF THE COT ENANTS THAT REQUESTE D PARTITION BY SALE, THE COURT 22
	306	+	SHALL: 23
323	307
324		-	(II) ~~IF NO ELECTING COTENA NT PAYS~~ THE ~~COTENANT ’S~~
325		-	~~APPORTIONED PRICE~~ ON ~~TIME, THE COURT SHALL RESO LVE THE PARTITION AC TION~~
326		-	~~UNDER § 14–707(A) AND (B) OF THIS SUBTITLE AS IF THE INTERESTS~~ OF THE
327		-	~~COTENANTS THAT REQUE STED PARTITION BY SALE WERE NO T PURCHASED~~ ; OR
	308	+	(I) ALLOCATE THE RIGHT TO BUY THOSE INTERESTS AMONG 24
	309	+	THE ELECTING COTENAN TS BASED ON EACH ELE CTING COTENANT ’S EXISTING 25
	310	+	FRACTIONAL OWNERSHIP OF THE ENTIRE PARCEL DIVIDED BY THE TOTAL EXISTING 26
	311	+	FRACTIONAL OWNERSHIP OF ALL COTENANT S ELECTING TO BUY ; 27
328	312
329		-	(III) IF ONE OR MORE BUT NO T ALL OF THE ELECTIN G
330		-	COTENANTS FAIL TO PA Y THEIR APPORTIONED PRICE ON TIME , THE COURT, ON
331		-	MOTION, SHALL GIVE NOTICE OF THE INTEREST REMAINI NG AND THE PRICE FOR
332		-	THAT INTEREST TO THE ELECTING COTENANTS THAT PAI D THEIR APPORTIONED
333		-	PRICE.
	313	+	(II) NOTIFY ALL THE PARTIE S THAT MORE THAN ONE 28
	314	+	COTENANT ELECTED TO BUY ALL THE INTEREST S OF THE COTENANTS T HAT 29
	315	+	REQUESTED PARTITION BY SALE; AND 30
334	316
335		-	(F) (1) NOT LATER THAN 20 DAYS AFTER THE COURT GIVES NOTICE
336		-	UNDER SUBSECTION (E)(2)(III) OF THIS SECTION , ANY COTENANT THAT PA ID THE
337		-	COTENANT’S APPORTIONED PRICE MAY ELECT TO PURCHAS E ALL OF THE
338		-	REMAINING INTEREST BY PAYING TH E ENTIRE PRICE INTO THE COURT.
	317	+	(III) SEND NOTICE OF THE PR ICE TO BE PAID BY EA CH ELECTING 31
	318	+	COTENANT; OR 32
	319	+	8 SENATE BILL 92
339	320
340		-	(2) AFTER THE 20–DAY PERIOD DESCRIBED IN PARAGRAPH (1) OF
341		-	THIS SUBSECTION , THE FOLLOWING RULES APPLY:
342	321
343		-	(I) IF ONLY ONE COTENANT PAYS THE ENTIRE PRIC E FOR THE
344		-	REMAINING INTEREST , THE COURT SHALL :
	322	+	(3) IF NO COTENANT ELECTS TO BUY ALL THE INTEREST S OF THE 1
	323	+	COTENANTS THAT REQUE STED PARTITION BY SA LE, THE COURT SHALL SEND 2
	324	+	NOTICE TO ALL THE PA RTIES AND RESOLVE TH E PARTITION ACTION U NDER § 3
	325	+	14–709(A) AND (B) OF THIS SUBTITLE. 4
345	326
346		-	1. ISSUE AN ORDER REALLO CATING THE REMAINING
347		-	INTEREST TO THAT COT ENANT; AND
	327	+	(E) (1) IF THE COURT SENDS NO TICE TO THE PARTIES UNDER 5
	328	+	SUBSECTION (D)(1) OR (2) OF THIS SECTION , THE COURT SHALL SET A DATE NOT 6
	329	+	SOONER THAN 60 DAYS AFTER THE DATE THE NOTICE WAS SENT BY WHICH 7
	330	+	ELECTING COTENANTS M UST PAY THEIR APPORT IONED PRICE INTO THE COURT. 8
348	331
349		-	2. PROMPTLY ISSUE AN ORD ER REALLOCATING THE
350		-	INTERESTS OF ALL OF THE COTENANTS AND DI SBURSE THE AMOUNTS H ELD BY THE
351		-	COURT TO THE PERSONS ENTITLED TO THEM ;
	332	+	(2) AFTER THE DATE SET BY THE COURT UNDER PARA GRAPH (1) OF 9
	333	+	THIS SUBSECTION , THE FOLLOWING RULES APPLY: 10
352	334
353		-	(II) IF ~~NO COT ENANT PAYS THE ENTIR E PRICE FOR THE~~
354		-	~~REMAINING INTEREST~~ , THE COURT SHALL ~~RESO LVE THE PARTITION AC TION UNDER~~
355		-	~~§ 14–707(A) AND (B) OF THIS SUBTITLE AS IF~~ THE INTERESTS OF THE COTENANTS
356		-	~~THAT REQUESTED PARTI TION BY SALE WERE NO T PURCHASED~~ ; ~~AND~~
	335	+	(I) IF ALL ELECTING COTEN ANTS PAY THEIR APPOR TIONED 11
	336	+	PRICE INTO COURT ON TIME, THE COURT SHALL ISSU E AN ORDER REALLOCAT ING 12
	337	+	ALL THE INTERESTS OF THE COTENANTS AND DI SBURSE THE A MOUNTS HELD BY THE 13
	338	+	COURT TO THE PERSONS ENTITLED TO THE FUND S; 14
357	339
358		-	(III) IF MORE THAN ONE COTENANT PA YS THE ENTIRE PRICE
359		-	FOR THE REMAINING IN TEREST, THE COURT SHALL :
	340	+	(II) IF NO ELECTING COTENA NT PAYS THE COTENANT ’S 15
	341	+	APPORTIONED PRICE ON TIME, THE COURT SHALL RESO LVE THE PARTITION AC TION 16
	342	+	UNDER § 14–707(A) AND (B) OF THIS SUBTITLE AS IF THE INTERESTS OF THE 17
	343	+	COTENANTS THAT REQUE STED PARTITION BY SA LE WERE NOT PURCHASE D; OR 18
360	344
361		-	1. REAPPORTION THE REMAI NING INTEREST AMONG
362		-	THOSE PAYING COTENAN TS, BASED ON EACH PAYING COTENANT’S ORIGINAL
363		-	FRACTIONAL OWNERSHIP OF THE ENTIRE PARCEL DIVIDED BY THE TOTAL ORIGINAL LAWRENCE J. HOGAN, JR., Governor Ch. 402
	345	+	(III) IF ONE OR MORE BUT NO T ALL OF THE ELECTIN G 19
	346	+	COTENANTS FAIL TO PA Y THEIR APPORTIONED PRICE ON TIME , THE COURT, ON 20
	347	+	MOTION, SHALL GIVE NOTICE OF THE INTEREST REMAINI NG AND THE PRICE FOR 21
	348	+	THAT INTEREST TO THE ELECTING COTENANTS T HAT PAID THEIR APPOR TIONED 22
	349	+	PRICE. 23
364	350
365		-	– 9 –
366		-	FRACTIONAL OWNERSHIP OF ALL COTENANTS THA T PAID THE ENTIRE PR ICE FOR
367		-	THE REMAINING INTERE ST; AND
	351	+	(F) (1) NOT LATER THAN 20 DAYS AFTER THE COURT GIVES NOTICE 24
	352	+	UNDER SUBSECTION (E)(2)(III) OF THIS SECTION , ANY COTENANT THAT PA ID THE 25
	353	+	COTENANT’S APPORTIONED PRICE MAY ELECT TO PURCHASE ALL OF THE 26
	354	+	REMAINING INTEREST B Y PAYING THE ENTIRE PRICE INTO THE COURT . 27
368	355
369		-	2. PROMPTLY ISSUE AN ORD ER REALLOCATING ALL OF
370		-	THE COTENANTS ’ INTERESTS, DISBURSE THE AMOUNTS HELD BY THE COURT TO THE
371		-	PERSONS ENTITLED TO THEM, AND REFUND ANY EXCES S PAYMENT HELD BY TH E
372		-	COURT.
	356	+	(2) AFTER THE 20–DAY PERIOD DESCRIBED IN PARAGRAPH (1) OF 28
	357	+	THIS SUBSECTION , THE FOLLOWING RULES APPLY: 29
373	358
374		-	(G) NOT LATER THAN 45 DAYS AFTER THE COURT SENDS NOTICE TO THE
375		-	PARTIES UNDER SUBSEC TION (A) OF THIS SECTION , ANY COTENANT ENTITLE D TO
376		-	BUY AN INTEREST UNDE R THIS SECTION MAY R EQUEST THE COURT TO AUTHORIZE
377		-	THE SALE AS PART OF THE PENDING ACTION O F THE INTERESTS OF C OTENANTS
378		-	NAMED AS DEFENDANTS AND SERVED WITH THE COMPLAINT BUT THAT D ID NOT
379		-	APPEAR IN THE ACTION .
	359	+	(I) IF ONLY ONE COTENANT PAYS THE ENTIRE PRIC E FOR THE 30
	360	+	REMAINING INTEREST , THE COURT SHALL : 31
380	361
381		-	(H) IF THE COURT RECEIVES A TIMELY REQUEST UND ER SUBSECTION (G) OF
382		-	THIS SECTION, THE COURT , AFTER A HEARING , MAY DENY THE REQUEST OR
383		-	AUTHORIZE THE REQUES TED ADDITIONAL SALE ON TERMS THE COURT D ETERMINES
384		-	ARE FAIR AND REASONA BLE, SUBJECT TO THE FOLLO WING LIMITATIONS :
	362	+	1. ISSUE AN ORDER REALLO CATING THE REMAINING 32
	363	+	INTEREST TO THAT COT ENANT; AND 33
	364	+	SENATE BILL 92 9
385	365
386		-	(1) A SALE AUTHORIZED UNDE R THIS SUBSECTION MA Y OCCUR ONLY
387		-	AFTER THE PURCHASE PRICES FOR ALL INTER ESTS SUBJECT TO SALE UNDER
388		-	SUBSECTIONS (A) THROUGH (F) OF THIS SECTION HAVE BEEN PAID INTO COURT AND
389		-	THOSE INTERESTS HAVE BEEN REALLOCATED AMO NG THE COTENANTS AS
390		-	PROVIDED IN SUBSECTI ONS (A) THROUGH (F) OF THIS SECTION; AND
391	366
392		-	(2) THE ~~PURCHASE PRICE FOR T HE INTEREST OF A NON APPEARING~~
393		-	~~COTENANT IS BASED ON~~ THE ~~COURT’S DETERMINATION OF V ALUE UNDER § 14–705~~
394		-	~~OF THIS SUBTITLE.~~
	367	+	2. PROMPTLY ISSUE AN ORD ER REALLOCATING THE 1
	368	+	INTERESTS OF ALL OF THE COTENANTS AND DI SBURSE THE AMOUNTS H ELD BY THE 2
	369	+	COURT TO THE PERSO NS ENTITLED TO THEM ; 3
395	370
396		-	14–707.
	371	+	(II) IF NO COTENANT PAYS T HE ENTIRE PRICE FOR THE 4
	372	+	REMAINING INTEREST , THE COURT SHALL RESO LVE THE PARTITION AC TION UNDER 5
	373	+	§ 14–707(A) AND (B) OF THIS SUBTITLE AS IF THE INTERESTS OF THE COTENANTS 6
	374	+	THAT REQUESTED PARTI TION BY SALE WE RE NOT PURCHASED ; AND 7
397	375
398		-	(A) (1) IF UNDER § 14–706 OF THIS SUBTITLE ALL THE INTERESTS OF ALL
399		-	COTENANTS THAT REQUE STED PARTITION BY SALE ARE NOT PURCHAS ED BY OTHER
400		-	COTENANTS, OR IF AFTER THE CONC LUSION OF THE BUYOUT A COTENANT REMAINS
401		-	THAT HAS REQUESTED P ARTITION IN KIND, THE COURT SHALL ORDE R PARTITION IN
402		-	KIND UNLESS THE COUR T, AFTER CONSIDERATION OF THE FACTORS LISTE D IN §
403		-	14–708 OF THIS SUBTITLE, FINDS THAT PARTITION IN KIND WILL RESULT IN GREAT
404		-	PREJUDICE TO THE COT ENANTS AS A GROUP .
	376	+	(III) IF MORE THAN ONE COTE NANT PAYS THE ENTIRE PRICE 8
	377	+	FOR THE REMAINING IN TEREST, THE COURT SHALL : 9
405	378
406		-	(2) IN CONSIDERING WHETHE R TO ORDER PARTITION IN KIND, THE
407		-	COURT SHALL APPROVE A REQUEST BY TWO OR MORE PARTIES TO HAVE THEIR
408		-	INDIVIDUAL INTERESTS AGGREGATED .
409		-	Ch. 402 2022 LAWS OF MARYLAND
	379	+	1. REAPPORTION THE REMAI NING INTEREST AMONG 10
	380	+	THOSE PAYING COTENAN TS, BASED ON EACH PAYING COTENANT’S ORIGINAL 11
	381	+	FRACTIONAL OWNERSHIP OF THE ENT IRE PARCEL DIVIDED B Y THE TOTAL ORIGINAL 12
	382	+	FRACTIONAL OWNERSHIP OF ALL COTENANTS THA T PAID THE ENTIRE PR ICE FOR 13
	383	+	THE REMAINING INTERE ST; AND 14
410	384
411		-	– 10 –
412		-	(B) IF THE COURT DOES NOT ORDER PARTITION IN K IND UNDER
413		-	SUBSECTION (A) OF THIS SECTION , THE COURT SHALL ORDE R PARTITION BY SALE
414		-	UNDER § 14–709 OF THIS SUBTITLE OR , IF NO COTENANT REQUE STED PARTITION BY
415		-	SALE, THE COURT SHALL DISM ISS THE ACTION.
	385	+	2. PROMPTLY ISSUE AN ORD ER REALLOCATING ALL OF 15
	386	+	THE COTENANTS ’ INTERESTS, DISBURSE THE AMOUNTS HELD BY THE COURT TO THE 16
	387	+	PERSONS ENTITLED TO THEM, AND REFUND ANY EXCES S PAYMENT HELD BY TH E 17
	388	+	COURT. 18
416	389
417		-	(C) IF THE COURT ~~ORDERS P ARTITION IN KIND IN ACCORDANCE WITH~~
418		-	~~SUBSECTION~~ (A) OF THIS SECTION , ~~THE COURT MAY REQUIR E THAT ONE OR MORE~~
419		-	~~COTENANTS PAY ONE OR MORE OTHER COTENANTS AMOUNTS SO THAT~~ THE
420		-	~~PAYMENTS, TAKEN TOGETHER WITH~~ THE ~~VALUE~~ OF THE ~~IN –KIND~~ ~~DISTRIBUTIONS TO~~
421		-	~~THE COTENANTS , WILL MAKE~~ THE ~~PARTIT ION IN KIND JUST AND PROPORTIONATE~~
422		-	IN ~~VALUE TO~~ THE ~~FRAC TIONAL INTERESTS HEL D~~.
	390	+	(G) NOT LATER THAN 45 DAYS AFTER THE COURT SENDS NOTICE TO THE 19
	391	+	PARTIES UNDER SUBSEC TION (A) OF THIS SECTION , ANY COTENANT ENTITLE D TO 20
	392	+	BUY AN INTEREST UND ER THIS SECTION MAY REQUEST THE COURT TO AUTHORIZE 21
	393	+	THE SALE AS PART OF THE PENDING ACTION O F THE INTERESTS OF C OTENANTS 22
	394	+	NAMED AS DEFENDANTS AND SERVED WITH THE COMPLAINT BUT THAT D ID NOT 23
	395	+	APPEAR IN THE ACTION . 24
423	396
424		-	(D) IF THE COURT ORDERS P ARTITION IN KIND , THE COURT SHALL
425		-	ALLOCATE TO THE COTE NANTS THAT ARE UNKNO WN, UNLOCATABLE , OR THE
426		-	SUBJECT OF A DEFAULT JUDGMENT, IF THEIR INTERESTS W ERE NOT BOUGHT OUT
427		-	UNDER § 14–706 OF THIS SUBTITLE, A PART OF THE PROPER TY REPRESENTING THE
428		-	COMBINED INTERESTS O F THESE COTENANTS AS DETERMINED BY THE CO URT AND
429		-	THIS PART OF THE PRO PERTY SHALL REMAIN U NDIVIDED.
	397	+	(H) IF THE COURT RECEIVES A TIMELY REQUEST UN DER SUBSECTION (G) OF 25
	398	+	THIS SECTION, THE COURT , AFTER A HEARING , MAY DENY THE REQUEST OR 26
	399	+	AUTHORIZE THE REQUES TED ADDITIONAL SALE ON TERMS THE COURT D ETERMINES 27
	400	+	ARE FAIR AND REASONA BLE, SUBJECT TO THE FOLLO WING LIMITATIONS : 28
430	401
431		-	14–708.
	402	+	(1) A SALE AUTHORIZED UNDE R THIS SUBSECTION MAY OCCUR ONLY 29
	403	+	AFTER THE PURCHASE P RICES FOR ALL INTERE STS SUBJECT TO SALE UNDER 30
	404	+	SUBSECTIONS (A) THROUGH (F) OF THIS SECTION HAVE BEEN PAID INTO COURT AND 31
	405	+	THOSE INTERESTS HAVE BEEN REALLOCATED AMO NG THE COTENANTS AS 32
	406	+	PROVIDED IN SUBSECTI ONS (A) THROUGH (F) OF THIS SECTION; AND 33
432	407
433		-	(A) ~~IN DETERMINING WHETHE~~ R ~~PARTITION IN KIND UNDER § 14–707(A)~~ OF
434		-	~~THIS SUBTITLE WOULD RESULT IN GREAT PREJ UDICE TO~~ THE ~~COTENAN TS AS A~~
435		-	~~GROUP, THE COURT SHALL CONS IDER THE FOLLOWING :~~
	408	+	(2) THE PURCHASE PRICE FO R THE INTEREST OF A NONAPPEARING 34
	409	+	COTENANT IS BASED ON THE COURT’S DETERMINATION OF V ALUE UNDER § 14–705 35
	410	+	OF THIS SUBTITLE. 36 10 SENATE BILL 92
436	411
437		-	(1) WHETHER THE HEIRS PRO PERTY PRACTICABLY CA N BE DIVIDED
438		-	AMONG THE COTENANTS ;
439	412
440		-	(2) WHETHER PARTITION IN KIND WOULD APPORTION THE
441		-	PROPERTY IN SUCH A W AY THAT THE AGGREGAT E FAIR MARKET VALUE OF THE
442		-	PARCELS RESULTING FR OM THE DIVISION WOUL D BE MATERIALLY LESS THAN THE
443		-	VALUE OF THE PROPERT Y IF IT WERE SOLD AS A WHOLE, TAKING INTO ACCOUNT THE
444		-	CONDITION UNDER WHIC H A COURT–ORDERED SALE LIKELY WOULD OCCUR ;
445	413
446		-	(3) EVIDENCE OF THE COLLE CTIVE DURATION OF OW NERSHIP OR
447		-	POSSESSION OF THE PR OPERTY BY A COTENANT AND ONE OR MORE PRED ECESSORS
448		-	IN TITLE OR PREDECES SORS IN POSSESSION TO THE CO TENANT WHO ARE OR WE RE
449		-	RELATIVES OF THE COT ENANT OR EACH OTHER ;
	414	+	14–707. 1
450	415
451		-	(4) THE SENTIMENTAL ATTAC HMENT OF A COTENANT TO THE
452		-	PROPERTY, INCLUDING ANY ATTACH MENT ARISING BECAUSE THE PROPERTY HAS
453		-	ANCESTRAL OR OTHER U NIQUE OR SPECIAL VAL UE TO THE COTENANT;
454		-	LAWRENCE J. HOGAN, JR., Governor Ch. 402
	416	+	(A) (1) IF UNDER § 14–706 OF THIS SUBTITLE ALL THE INTERESTS OF ALL 2
	417	+	COTENANTS THAT REQUE STED PARTITION BY SA LE ARE NOT PURCHASED BY OTHER 3
	418	+	COTENANTS, OR IF AFTER THE CONC LUSION OF THE BUYOUT A COTENANT REMAINS 4
	419	+	THAT HAS REQUESTED P ARTITION IN KIND, THE COURT SHALL ORDE R PARTITION IN 5
	420	+	KIND UNLESS THE COUR T, AFTER CONSI DERATION OF THE FACT ORS LISTED IN § 6
	421	+	14–708 OF THIS SUBTITLE , FINDS THAT PARTITION IN KIND WILL RESULT IN GREAT 7
	422	+	PREJUDICE TO THE COT ENANTS AS A GROUP . 8
455	423
456		-	– 11 –
457		-	(5) THE LAWFUL USE BEING MADE OF THE PROPERTY BY A COTENANT
458		-	AND THE DEGREE TO WH ICH THE COTENANT WOU LD BE HARMED IF THE COTENANT
459		-	COULD NOT CONTINUE T HE SAME USE OF THE P ROPERTY;
	424	+	(2) IN CONSIDERING WHETHE R TO ORDER PARTITION IN KIND, THE 9
	425	+	COURT SHALL APPROVE A REQUEST BY TWO OR MORE PARTIES TO HAVE TH EIR 10
	426	+	INDIVIDUAL INTERESTS AGGREGATED . 11
460	427
461		-	(6) THE DEGREE TO WHICH T HE COTENANTS HAVE CO NTRIBUTED
462		-	THEIR PRO RATA SHARE OF TH E PROPERTY TAXES , INSURANCE, AND OTHER
463		-	EXPENSES ASSOCIATED WITH MAINTAINING OWN ERSHIP OF THE PROPER TY OR
464		-	HAVE CONTRIBUTED TO THE PHYSICAL IMPROVE MENT, MAINTENANCE , OR UPKEEP
465		-	OF THE PROPERTY ; AND
	428	+	(B) IF THE COURT DOES NOT ORDER PARTITION IN K IND UNDER 12
	429	+	SUBSECTION (A) OF THIS SECTION , THE COURT SHALL ORDE R PARTITION BY SALE 13
	430	+	UNDER § 14–709 OF THIS SUBTITLE OR , IF NO COTENANT REQUE STED PARTITION BY 14
	431	+	SALE, THE COURT SHALL DISM ISS THE ACTION. 15
466	432
467		-	(7) ANY OTHER RELEVANT FA CTOR.
	433	+	(C) IF THE COURT ORDERS P ARTITION IN KIND IN ACCORDANCE WITH 16
	434	+	SUBSECTION (A) OF THIS SECTION , THE COURT MAY REQUIR E THAT ONE OR MORE 17
	435	+	COTENANTS PAY ONE OR MORE OTHER COTENANTS AMOUNTS SO THAT THE 18
	436	+	PAYMENTS, TAKEN TOGETHER WITH THE VALUE OF THE IN –KIND DISTRIBUTIONS T O 19
	437	+	THE COTENANTS , WILL MAKE THE PARTIT ION IN KIND JUST AND PROPORTIONATE 20
	438	+	IN VALUE TO THE FRAC TIONAL INTERESTS HEL D. 21
468	439
469		-	(B) THE COURT MAY NOT CON SIDER ANY ONE FACTOR IN SUBSECTION (A)
470		-	OF THIS SECTION TO B E DISPOSITIVE WITHOU T WEIGHING THE TOTAL ITY OF ALL
471		-	RELEVANT FACTORS AND CIRCUMSTANCES .
	440	+	(D) IF THE COURT ORDERS P ARTITION IN KIND , THE COURT SHALL 22
	441	+	ALLOCATE T O THE COTENANTS THAT ARE UNKNOWN , UNLOCATABLE , OR THE 23
	442	+	SUBJECT OF A DEFAULT JUDGMENT, IF THEIR INTERESTS W ERE NOT BOUGHT OUT 24
	443	+	UNDER § 14–706 OF THIS SUBTITLE, A PART OF THE PROPER TY REPRESENTING THE 25
	444	+	COMBINED INTERESTS O F THESE COTENANTS AS DETERMINED BY THE COURT AND 26
	445	+	THIS PART OF THE PRO PERTY SHALL REMAIN U NDIVIDED. 27
472	446
473		-	14–~~709~~.
	447	+	14–708. 28
474	448
475		-	(A) IF THE COURT ORDERS A SALE OF HEIRS PROPER TY, THE SALE SHALL
476		-	BE AN OPEN–MARKET SALE UNLESS T HE COURT FINDS THAT A SALE BY SEALED BID S
477		-	OR AN AUCTION WOULD BE MORE ECONOMICALLY ADVANTAGEOUS AND IN THE BEST
478		-	INTEREST OF THE COTE NANTS AS A GROUP .
	449	+	(A) IN DETERMINING WHETHE R PARTITION IN KIND UNDER § 14–707(A) OF 29
	450	+	THIS SUBTITLE WOULD RESULT IN GREAT PREJ UDICE TO THE COTENAN TS AS A 30
	451	+	GROUP, THE COURT SHALL CONS IDER THE FOLLOWING : 31
479	452
480		-	(B) (1) IF THE COURT ORDERS A N OPEN–MARKET SALE AND THE
481		-	PARTIES, NOT LATER THAN 10 DAYS AFTER THE ENTRY OF THE ORDER , AGREE ON A
482		-	REAL ESTATE BROKER L ICENSED IN THE STATE TO OFFER THE PR OPERTY FOR SALE ,
483		-	THE COURT SHALL APPO INT THE BROKER AND E STABLISH A REASONABL E
484		-	COMMISSION.
	453	+	(1) WHETHER THE HEIRS PRO PERTY PRACTICABLY CA N BE DIVIDED 32
	454	+	AMONG THE COTENANTS ; 33
	455	+	SENATE BILL 92 11
485	456
486		-	(2) IF THE PARTIES DO NOT AGREE ON A BROKER , THE COURT SHALL
487		-	APPOINT A DISINTERES TED REAL ESTATE BROK ER LICENSED IN THE STATE TO
488		-	OFFER THE PROPERTY F OR SALE AND SHALL ES TABLISH A REASONABLE
489		-	COMMISSION.
490	457
491		-	(3) A BROKER APPOINTED UND ER THIS SUBSECTION S HALL OFFER
492		-	THE PROPERTY FOR SAL E IN A COMMERCIALLY REASONAB LE MANNER AT A PRICE
493		-	NOT LOWER THAN THE D ETERMINATION OF VALU E AND ON THE TERMS A ND
494		-	CONDITIONS ESTABLISH ED BY THE COURT .
	458	+	(2) WHETHER PARTITION IN KIND WOULD APPORTION THE 1
	459	+	PROPERTY IN SUCH A W AY THAT THE AGGREGAT E FAIR MARKET VALUE OF THE 2
	460	+	PARCELS RESULTING FR OM THE DIVISION WOUL D BE MATERIALLY L ESS THAN THE 3
	461	+	VALUE OF THE PROPERT Y IF IT WERE SOLD AS A WHOLE, TAKING INTO ACCOUNT THE 4
	462	+	CONDITION UNDER WHIC H A COURT–ORDERED SALE LIKELY WOULD OCCUR ; 5
495	463
496		-	(C) IF THE ~~BROKER APPOINT ED UNDER SUBSECTION (B)~~ OF ~~THIS SECTION~~
497		-	~~OBTAINS WITHIN A REA SONABLE TIME AN OFFE R TO PURCHASE~~ THE PR OPERTY ~~FOR~~
498		-	~~AT LEAST~~ THE ~~DETERMI NATION OF VALUE :~~
499		-	~~Ch. 402 2022 LAWS~~ OF ~~MARYLAND~~
	464	+	(3) EVIDENCE OF THE COLLE CTIVE DURATION OF OW NERSHIP OR 6
	465	+	POSSESSION OF THE PR OPERTY BY A COTENANT AND ONE OR MORE PREDECES SORS 7
	466	+	IN TITLE OR PREDECES SORS IN POSSESSION T O THE COTENANT WHO A RE OR WERE 8
	467	+	RELATIVES OF THE COT ENANT OR EACH OTHER ; 9
500	468
501		-	~~– 12 –~~
502		-	~~(1)~~ THE ~~BROKER SHALL COMP~~ ~~LY WITH THE REPORTIN G~~
503		-	~~REQUIREMENTS IN § 14–710 OF THIS SUBTITLE~~ ; ~~AND~~
	469	+	(4) THE SENTIMENTAL ATTAC HMENT OF A COTENANT TO THE 10
	470	+	PROPERTY, INCLUDING ANY ATTACH MENT ARISING BECAUSE THE PROPERTY HAS 11
	471	+	ANCESTRAL OR OTHER U NIQUE OR SPECIAL VAL UE TO THE COTENANT ; 12
504	472
505		-	(2) THE SALE MAY BE COMPL ETED IN ACCORDANCE W ITH STATE LAW
506		-	OTHER THAN THIS SUBT ITLE.
	473	+	(5) THE LAWFUL USE BEING MADE OF THE PROPERTY BY A COTENANT 13
	474	+	AND THE DEGREE TO WH ICH THE COTENANT WOU LD BE HARMED IF THE COTENANT 14
	475	+	COULD NOT CONTINUE T HE SAME USE OF THE P ROPERTY; 15
507	476
508		-	(D) IF THE BROKER APPOINT ED UNDER SUBSECTION (B) OF THIS SECTION
509		-	DOES NOT OBTAIN WITH IN A REASONABLE TIME AN OFFER TO PURCHASE THE
510		-	PROPERTY FOR AT LEAS T THE DETERMINATION OF VALUE, THE COURT, AFTER
511		-	HEARING, MAY:
	477	+	(6) THE DEGREE TO WHICH THE COTENANTS HAVE CONTR IBUTED 16
	478	+	THEIR PRO RATA SHARE OF THE PROPERTY TAXE S, INSURANCE, AND OTHER 17
	479	+	EXPENSES ASSOCIATED WITH MAINTAINING OWN ERSHIP OF THE PROPER TY OR 18
	480	+	HAVE CONTRIBUTED TO THE PHYSICAL IMPROVE MENT, MAINTENANCE , OR UPKEEP 19
	481	+	OF THE PROPERTY; AND 20
512	482
513		-	(1) ~~APPROVE THE HIGHEST O UTSTANDING OFFER , IF ANY;~~
	483	+	(7) ANY OTHER RELEVANT FA CTOR. 21
514	484
515		-	(2) REDETERMINE THE VALUE OF THE PRO PERTY AND ORDER THAT
516		-	THE PROPERTY CONTINU E TO BE OFFERED FOR AN ADDITIONAL TIME ; OR
	485	+	(B) THE COURT MAY NOT CON SIDER ANY ONE FACTOR IN SUBSECTION (A) 22
	486	+	OF THIS SECTION TO B E DISPOSITIVE WITHOU T WEIGHING THE TOTAL ITY OF ALL 23
	487	+	RELEVANT FACTORS AND CIRCUMSTANCES . 24
517	488
518		-	(3) ORDER THAT THE PROPER TY BE SOLD BY SEALED BIDS OR AT AN
519		-	AUCTION.
	489	+	14–709. 25
520	490
521		-	(E) (1) IF THE COURT ORDERS A SALE BY SEALED BIDS OR AN AUCTION ,
522		-	THE COURT S HALL SET TERMS AND C ONDITIONS OF THE SAL E.
	491	+	(A) IF THE COURT ORDERS A SALE OF HEIRS PROPER TY, THE SALE SHALL 26
	492	+	BE AN OPEN–MARKET SALE UNLESS T HE COURT FINDS THAT A SALE BY SEALED BID S 27
	493	+	OR AN AUCTION WOULD BE MORE ECONOMICALLY ADVANTAGEOUS AND IN THE BEST 28
	494	+	INTEREST OF THE COTE NANTS AS A GROUP . 29
523	495
524		-	(2) IF THE COURT ORDERS A N AUCTION, THE AUCTION SHALL BE
525		-	CONDUCTED UNDER § 14–107 OF THIS TITLE.
	496	+	(B) (1) IF THE COURT ORDERS A N OPEN–MARKET SALE AND THE 30
	497	+	PARTIES, NOT LATER THAN 10 DAYS AFTER THE ENTRY OF THE ORDER , AGREE ON A 31
	498	+	REAL ESTATE BROKER L ICENSED IN THE STATE TO OFFER THE PR OPERTY FOR SALE , 32
	499	+	THE COURT SHALL APPO INT THE BROKER AND E STABLISH A REASONABL E 33
	500	+	COMMISSION. 34
	501	+	12 SENATE BILL 92
526	502
527		-	(F) IF A PURCHASER IS ENT ITLED TO A SHARE OF THE PROCEEDS OF THE
528		-	SALE, THE PURCHASER IS ALS O ENTITLED TO A CREDIT AGAINST THE P RICE IN AN
529		-	AMOUNT EQUAL TO THE PURCHASER ’S SHARE OF THE PROCE EDS.
530	503
531		-	14–710.
	504	+	(2) IF THE PARTIES DO NOT AGR EE ON A BROKER , THE COURT SHALL 1
	505	+	APPOINT A DISINTERES TED REAL ESTATE BROK ER LICENSED IN THE STATE TO 2
	506	+	OFFER THE PROPERTY F OR SALE AND SHALL ES TABLISH A REASONABLE 3
	507	+	COMMISSION. 4
532	508
533		-	(A) UNLESS REQUIRED TO DO SO WITHIN A SHORTER PERIOD OF TIME
534		-	UNDER § 14–107 OF THIS TITLE, A BROKER APPOINTED U NDER § 14–709(B) OF THIS
535		-	SUBTITLE TO OFFER HE IRS PROPERTY FOR OPEN –MARKET SALE SHALL FI LE A
536		-	REPORT WITH THE COUR T NOT LATER THAN 7 DAYS AFTER RECEIVING AN OFFER TO
537		-	PURCHASE THE PROPERT Y FOR AT LEAST THE V ALUE DETERMINED UNDE R § 14–705
538		-	OR § 14–709 OF THIS SUBTITLE.
	509	+	(3) A BROKER APPOINTED UND ER THIS SUBSECTION S HALL OFFER 5
	510	+	THE PROPERTY FOR SALE IN A COMMERCIALLY RE ASONABLE MANNER AT A PRICE 6
	511	+	NOT LOWER THAN THE D ETERMINATION OF VALU E AND ON THE TERMS A ND 7
	512	+	CONDITIONS ESTABLISH ED BY THE COURT . 8
539	513
540		-	(B) A REPORT REQUIRED UNDE R SUBSECTION (A) OF THIS SECTION SHAL L
541		-	CONTAIN THE FOLLOWIN G INFORMATION :
	514	+	(C) IF THE BROKER APPOINT ED UNDER SUBSECTION (B) OF THIS SECTION 9
	515	+	OBTAINS WITHIN A REA SONABLE TIME AN OFFER TO PURCHASE THE PROP ERTY FOR 10
	516	+	AT LEAST THE DETERMI NATION OF VALUE : 11
542	517
543		-	(1) ~~A DESCRIPTION OF~~ THE ~~P ROPERTY TO BE SOLD T O EACH BUYER;~~
544		-	~~LAWRENCE J.~~ ~~HOGAN, JR., Governor Ch.~~ ~~402~~
	518	+	(1) THE BROKER SHALL COMP LY WITH THE REPORTIN G 12
	519	+	REQUIREMENTS IN § 14–710 OF THIS SUBTITLE ; AND 13
545	520
546		-	~~– 13 –~~
547		-	~~(2) THE NAME OF EACH BUYE R;~~
	521	+	(2) THE SALE MAY BE COMPL ETED IN ACCORDANCE W ITH STATE LAW 14
	522	+	OTHER THAN THIS SUBTITLE. 15
548	523
549		-	(3) THE PROPOSED PURCHASE PRICE;
	524	+	(D) IF THE BROKER APPOINT ED UNDER SUBSECTION (B) OF THIS SECTION 16
	525	+	DOES NOT OBTAIN WITH IN A REASONABLE TIME AN OFFER TO PURCHASE THE 17
	526	+	PROPERTY FOR AT LEAS T THE DETERMINATION OF VALUE, THE COURT, AFTER 18
	527	+	HEARING, MAY: 19
550	528
551		-	(4) THE TERMS AND CONDITI ONS OF THE PROPOSED SALE,
552		-	INCLUDING THE TERMS OF ANY OWNER FINANCI NG;
	529	+	(1) APPROVE THE HIGHEST OUTSTANDING OFFER , IF ANY; 20
553	530
554		-	(5) THE AMOUNTS TO BE PAI D TO LIENHOLDERS ;
	531	+	(2) REDETERMINE THE VALUE OF THE PROPERTY AND ORDER THAT 21
	532	+	THE PROPERTY CONTINU E TO BE OFFERED FOR AN ADDITIONAL TIME ; OR 22
555	533
556		-	(6) ~~A STATEMENT OF CONTRAC TUAL~~ OR ~~OTHER ARRANG EMENTS OR~~
557		-	~~CONDITIONS OF THE BR OKER’S COMMISSION; AND~~
	534	+	(3) ORDER THAT THE PROPER TY BE SOLD BY SEALED BIDS OR AT AN 23
	535	+	AUCTION. 24
558	536
559		-	(7) OTHER MATERIAL FACTS RELEVANT TO THE SALE .
	537	+	(E) (1) IF THE COURT ORDERS A SALE BY SEALED BIDS OR AN AUCTION , 25
	538	+	THE COURT SHALL SET TERMS AND CONDITIONS OF THE SALE. 26
560	539
561		-	14–711.
	540	+	(2) IF THE COURT ORDERS A N AUCTION, THE AUCTION SHALL BE 27
	541	+	CONDUCTED UNDER § 14–107 OF THIS TITLE. 28
562	542
563		-	IN APPLYING AND CONSTRU ING THIS SUBTITLE , WHICH IS A UNIFORM A CT,
564		-	CONSIDERATION SHALL BE GIVEN TO THE NEED TO PROMOTE UNIFORMIT Y OF THE
565		-	LAW WITH RESPECT TO THE SUBJECT MATTER O F THE LAW AMONG THE STATES
566		-	THAT ENACT IT.
	543	+	(F) IF A PURCHASER IS ENT ITLED TO A SHARE OF THE PROCEEDS OF THE 29
	544	+	SALE, THE PURCHASER IS ALS O ENTITLED TO A CRED IT AGAINST THE PRICE IN AN 30
	545	+	AMOUNT EQUAL TO THE PURCHASER ’S SHARE OF THE PROCE EDS. 31
567	546
568		-	14–~~712~~.
	547	+	14–710. 32 SENATE BILL 92 13
569	548
570		-	THIS SUBTITLE MODIFIE S, LIMITS, AND SUPERSEDES THE ELECTRONIC
571		-	SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT, 15 U.S.C. § 7001 ET SEQ.,
572		-	BUT DOES NOT MODIFY , LIMIT, OR SUPERSEDE § 101(C) OF THAT ACT, 15 U.S.C. §
573		-	7001(C), OR AUTHORIZE ELECTRO NIC DELIVERY OF ANY OF THE NOTICES
574		-	DESCRIBED IN § 103(B) OF THAT ACT, 15 U.S.C. § 7003(B).
575	549
576		-	14–713.
577	550
578		-	THIS SUBTITLE MAY BE CITED AS THE MARYLAND UNIFORM PARTITION OF
579		-	HEIRS PROPERTY ACT.
	551	+	(A) UNLESS REQUIRED TO DO SO WITHIN A SHORTER PERIOD OF TIME 1
	552	+	UNDER § 14–107 OF THIS TITLE, A BROKER APPOINTED U NDER § 14–709(B) OF THIS 2
	553	+	SUBTITLE TO OFFER HE IRS PROPERTY FOR OPE N–MARKET SALE SHALL FI LE A 3
	554	+	REPORT WITH THE COUR T NOT LATER THAN 7 DAYS AFTER RECEIVING AN OFFER TO 4
	555	+	PURCHASE THE PROPERT Y FOR AT LEAST THE V ALUE DETERMINED UNDE R § 14–705 5
	556	+	OR § 14–709 OF THIS SUBTITLE. 6
580	557
581		-	Article – Real Property
	558	+	(B) A REPORT REQUIRED UNDE R SUBSECTION (A) OF THIS SECTION SHAL L 7
	559	+	CONTAIN THE FOLLOWIN G INFORMATION : 8
582	560
583		-	~~[14–107.~~
	561	+	(1) A DESCRIPTION OF THE P ROPERTY TO BE SOLD T O EACH BUYER; 9
584	562
585		-	(a) A circuit court may decree a partition of any property, either legal or equitable,
586		-	on the bill or petition of any joint tenant, tenant in common, parcener, or concurrent owner,
587		-	whether claiming by descent or purchase. If it appears that the property cannot be divided
588		-	without loss or injury to the parties interested, the court may decree its sale and divide the
589		-	money resulting from the sale among the parties according to their respective rights. The
590		-	right to a partition or sale includes the right to a partition or sale of any separate lot or
591		-	tract of property, and the bill or petition need not pray for a partition of all the lots or tracts. Ch. 402 2022 LAWS OF MARYLAND
	563	+	(2) THE NAME OF EACH BUYE R; 10
592	564
593		-	~~– 14 –~~
	565	+	(3) THE PROPOSED PURCHASE PRICE; 11
594	566
595		-	(b) ~~This section applies regardless~~ of ~~whether any party~~, ~~plaintiff, or defendant is~~
596		-	~~a minor,~~ ~~disabled, or a nonresident.~~
	567	+	(4) THE TERMS AND CONDITIONS OF THE PROPOSED SALE , 12
	568	+	INCLUDING THE TERMS OF ANY OWNER FINANCI NG; 13
597	569
598		-	(c) A sale and deed made pursuant to an order of the court in the exercise of the
599		-	power provided in this section is good and sufficient at law to transfer property of the
600		-	person. A deed executed in exercise of the above power provided in this section shall be
601		-	executed by the person the court appoints for the purpose.
	570	+	(5) THE AMOUNTS TO BE PAI D TO LIENHOLDERS ; 14
602	571
603		-	(d) If any bill or petition is filed under the provisions of this section for the sale of
604		-	property, any person holding a mortgage, other encumbrance on the property, or an
605		-	undivided interest in the property may be made a party to the bill, and the property shall
606		-	be sold free and clear of the mortgage or other encumbrance. However, the rights of a lienor
607		-	shall be protected in the distribution of the proceeds of the sale.]
	572	+	(6) A STATEMENT OF CONTRAC TUAL OR OTHER ARRANG EMENTS OR 15
	573	+	CONDITIONS OF THE BR OKER’S COMMISSION; AND 16
608	574
609		-	~~SUBTITLE~~ 7. ~~PARTITION OF REAL PROPERTY.~~
	575	+	(7) OTHER MATERIAL FACTS RELEVANT TO TH E SALE. 17
610	576
611		-	14–~~701~~.
	577	+	14–711. 18
612	578
613		-	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
614		-	INDICATED.
	579	+	IN APPLYING AND CONST RUING THIS SUBTITLE , WHICH IS A UNIFORM A CT, 19
	580	+	CONSIDERATION SHALL BE GIVEN TO THE NEED TO PROMOTE UNIFORMIT Y OF THE 20
	581	+	LAW WITH RESPECT TO THE SUBJECT MATTER O F THE LAW AMONG THE STATES 21
	582	+	THAT ENACT IT. 22
615	583
616		-	(B) “DETERMINATION OF VALU E” MEANS A COURT ORDER DETERMINING
617		-	THE FAIR MARKET VALU E OF PROPERTY UNDER § 14–707 OR § 14–711 OF THIS
618		-	SUBTITLE OR ADOPTING THE VALUATION OF PRO PERTY AGREED TO BY ALL
619		-	COTENANTS.
	584	+	14–712. 23
620	585
621		-	(C) “PARTITION BY SALE ” MEANS A COURT –ORDERED SALE OF PROP ERTY,
622		-	WHETHER BY AUCTION , SEALED BIDS, OR OPEN–MARKET SALE CONDUCTE D UNDER
623		-	§ 14–711 OF THIS SUBTITLE.
	586	+	THIS SUBTITLE MODIFIE S, LIMITS, AND SUPERSEDES THE ELECTRONIC 24
	587	+	SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT, 15 U.S.C. § 7001 ET SEQ., 25
	588	+	BUT DOES NOT MODIFY , LIMIT, OR SUPERSEDE § 101(C) OF THAT ACT, 15 U.S.C. § 26
	589	+	7001(C), OR AUTHORIZE ELECTRONIC DELIVERY OF ANY OF THE NOTICE S 27
	590	+	DESCRIBED IN § 103(B) OF THAT ACT, 15 U.S.C. § 7003(B). 28
624	591
625		-	~~(D) “PARTITION~~ ~~IN KIND ” MEANS THE DIVISION O F PROPERTY INTO~~
626		-	~~PHYSICALLY DIS TINCT AND SEPARATELY TITLED PARCELS .~~
	592	+	14–713. 29
	593	+	14 SENATE BILL 92
627	594
628		-	(E) “RECORD” MEANS INFORMATION TH AT IS INSCRIBED ON A TANGIBLE
629		-	MEDIUM OR THAT IS ST ORED IN AN ELECTRONI C OR OTHER MEDIUM AN D IS
630		-	RETRIEVABLE IN PERCE IVABLE FORM.
631	595
632		-	14–702.
	596	+	THIS SUBTITLE MAY BE CITED AS THE MARYLAND UNIFORM PARTITION OF 1
	597	+	HEIRS PROPERTY ACT. 2
633	598
634		-	(A) REAL PROPERTY SHALL B E PARTITIONED UNDER THIS SUBTITLE
635		-	UNLESS ALL OF THE CO TENANTS AGREE OTHERW ISE IN A RECORD.
636		-	LAWRENCE J. HOGAN, JR., Governor Ch. 402
	599	+	Article – Real Property 3
637	600
638		-	– 15 –
639		-	(B) THE MARYLAND RULES APPLY TO ACTION S UNDER THIS SUBTITL E,
640		-	EXCEPT TO THE EXTENT THEY ARE INCONSISTEN T WITH THE PROVISION S OF THIS
641		-	SUBTITLE.
	601	+	[14–107. 4
642	602
643		-	14–703.
	603	+	(a) A circuit court may decree a partition of any property, either legal or equitable, 5
	604	+	on the bill or petition of any joint tenant, tenant in common, parcener, or concurrent owner, 6
	605	+	whether claiming by descent or purchase. If it appears that the property cannot be divided 7
	606	+	without loss or injury to the parties interested, the court may decree its sale and divide the 8
	607	+	money resulting from the sale among the parties according to their respective rights. The 9
	608	+	right to a partition or sale includes the right to a partition or sale of any separate lot or 10
	609	+	tract of property, and the bill or petition need not pray for a partition of all the lots or tracts. 11
644	610
645		-	~~IN AN ACTION UNDER TH~~ IS ~~SUBTITLE, THE COURT ON ITS OWN MOTION OR ON~~
646		-	~~MOTION OF ANY PARTY MAY ISSUE AN ORDER :~~
	611	+	(b) This section applies regardless of whether any party, plaintiff, or defendant is 12
	612	+	a minor, disabled, or a nonresident. 13
647	613
648		-	(1) ~~FOR~~ THE ~~APPOINTMENT O F AN ATTORNEY TO PRO TECT~~ THE
649		-	~~INTEREST~~ OF ~~ANY PART Y TO~~ THE ~~SAME EXTENT AND EFFECT AS PROVID ED UNDER~~
650		-	~~RULE 2–203~~ OF THE ~~MARYLAND RULES WITH RESPECT TO INDIVIDUALS NOT~~ IN
651		-	~~BEING;~~
	614	+	(c) A sale and deed made pursuant to an order of the court in the exercise of the 14
	615	+	power provided in this section is good and sufficient at law to transfer property of the 15
	616	+	person. A deed executed in exercise of the above power provided in this section shall be 16
	617	+	executed by the person the court appoints for the purpose. 17
652	618
653		-	(2) TO REQUIRE JOINDER OF ANY ADDITIONAL PARTI ES THAT ARE
654		-	NECESSARY OR PROPER ; AND
	619	+	(d) If any bill or petition is filed under the provisions of this section for the sale of 18
	620	+	property, any person holding a mortgage, other encumbrance on the property, or an 19
	621	+	undivided interest in the property may be made a party to the bill, and the property shall 20
	622	+	be sold free and clear of the mortgage or other encumbrance. However, the rights of a lienor 21
	623	+	shall be protected in the distribution of the proceeds of the sale.] 22
655	624
656		-	~~(3) TO REQUIRE THAT THE P LAINTIFF:~~
	625	+	SUBTITLE 7. PARTITION OF REAL PROPERTY. 23
657	626
658		-	(I) PROCURE A TITLE REPOR T SUPPORTED BY AN AF FIDAVIT
659		-	BY THE PERSON MAKING THE TITLE SEARCH THA T A COMPLETE SEARCH OF THE
660		-	PUBLIC RECORDS HAS B EEN PERFORMED IN ACC ORDANCE WITH GENERAL LY
661		-	ACCEPTED STANDARDS O F TITLE EXAMINATION FOR THE APPROPRIATE PERIOD AS
662		-	DETERMINED BY THE CO URT, BUT NOT LESS THAN 60 YEARS; AND
	627	+	14–701. 24
663	628
664		-	(II) ~~DESIGNATE A PLACE WHERE~~ THE ~~TI TLE REPORT SHALL BE~~
665		-	~~KEPT FOR INSPECTION , USE, AND COPYING BY THE P ARTIES~~.
	629	+	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 25
	630	+	INDICATED. 26
666	631
667		-	14–704.
	632	+	(B) “DETERMINATION OF VALU E” MEANS A COURT ORDER DETERMINING 27
	633	+	THE FAIR MARKET VALU E OF PROPERTY UNDER § 14–707 OR § 14–711 OF THIS 28
	634	+	SUBTITLE OR ADOPTING THE VALUATION OF PRO PERTY AGREED TO BY A LL 29
	635	+	COTENANTS. 30
668	636
669		-	IN ADDITION TO ANY PE RSONS REQUIRED TO BE NAMED AS DEFENDANTS IN
670		-	AN ACTION UNDER THIS SUBTITLE, THE PLAINTIFF MAY NA ME AS DEFENDANTS ALL
671		-	PERSONS UNKNO WN, CLAIMING ANY LEGAL O R EQUITABLE RIGHT , TITLE, ESTATE,
672		-	LIEN, OR INTEREST IN THE P ROPERTY DESCRIBED IN THE COMPLAINT ADVERS E TO
673		-	THE PLAINTIFF ’S TITLE, OR ANY CLOUD ON THE PLAINTIFF’S TITLE TO THE
674		-	PROPERTY.
	637	+	(C) “PARTITION BY SALE ” MEANS A COURT –ORDERED SALE OF PROP ERTY, 31
	638	+	WHETHER BY AU CTION, SEALED BIDS, OR OPEN–MARKET SALE CONDUCTE D UNDER 32
	639	+	§ 14–711 OF THIS SUBTITLE. 33
	640	+	SENATE BILL 92 15
675	641
676		-	14–705.
677	642
678		-	(A) (1) IF, ON AFFIDAVIT OF THE PLAINTIFF, IT APPEARS TO THE
679		-	SATISFACTION OF THE COURT THAT THE PLAIN TIFF HAS USED REASON ABLE
680		-	DILIGENCE TO ASCERTA IN THE IDENTITY AND RESIDENCE OF AND TO SERVE A
681		-	SUMMONS ON THE PERSO NS NAMED AS UNKNOWN DEFENDANTS AND PERSO NS
682		-	JOINED AS TESTATE OR INTESTATE SUCCE SSORS OF A PERSON KN OWN OR BELIEVED Ch. 402 2022 LAWS OF MARYLAND
	643	+	(D) “PARTITION IN KIND ” MEANS THE DIVISION O F PROPERTY INTO 1
	644	+	PHYSICALLY DISTINCT AND SEPARATELY TITLE D PARCELS. 2
683	645
684		-	– 16 –
685		-	TO BE DEAD, THE COURT SHALL ORDE R SERVICE BY PUBLICA TION IN ACCORDANCE
686		-	WITH RULE 2–122 OF THE MARYLAND RULES AND THE PROVISI ONS OF THIS
687		-	SUBTITLE.
	646	+	(E) “RECORD” MEANS INFORMATION TH AT IS INSCRIBED ON A TANGIBLE 3
	647	+	MEDIUM OR THAT IS ST ORED IN AN ELECTRONI C OR OTHER MEDIUM AN D IS 4
	648	+	RETRIEVABLE IN PERCE IVABLE FORM. 5
688	649
689		-	(2) THE ORDER SHALL DIREC T THAT A COPY OF THE SUMMONS, THE
690		-	COMPLAINT, AND THE ORDER FOR PUB LICATION BE MAILED I MMEDIATELY TO THE
691		-	PARTY IF THE PARTY ’S ADDRESS IS ASCERTA INED BEFORE EXPIRATI ON OF THE TIME
692		-	PRESCRIBED FOR PUBLI CATION OF THE SUMMON S.
	650	+	14–702. 6
693	651
694		-	(B) THIS SECTION DOES NOT AUTHORIZE SERVICE BY PUBLICATION ON ANY
695		-	PERSON NAMED AS AN UNKNOWN DEFEND ANT WHO IS IN OPEN A ND ACTUAL
696		-	POSSESSION OF THE PR OPERTY.
	652	+	(A) REAL PROPERTY SHALL B E PARTITIONED UNDER THIS SUBTITLE 7
	653	+	UNLESS ALL OF THE CO TENANTS AGREE OTHERW ISE IN A RECORD. 8
697	654
698		-	14–706.
	655	+	(B) THE MARYLAND RULES APPLY TO ACTIONS UND ER THIS SUBTITLE , 9
	656	+	EXCEPT TO THE EXTENT THEY ARE INCONSISTEN T WITH THE PROVISION S OF THIS 10
	657	+	SUBTITLE. 11
699	658
700		-	(A) IF THE COURT ORDERS S ERVICE BY PUBLICATIO N, THE PLAINTIFF
701		-	SHALL:
	659	+	14–703. 12
702	660
703		-	(1) POST, NOT LATER THAN 10 DAYS AFTER THE DATE THE ORDER IS
704		-	ISSUED, A COPY OF THE SUMMON S AND COMPLAINT IN A CONSP ICUOUS PLACE ON
705		-	THE PROPERTY THAT IS THE SUBJECT OF THE A CTION; AND
	661	+	IN AN ACTION UNDER TH IS SUBTITLE, THE COURT ON ITS OWN MOTION OR ON 13
	662	+	MOTION OF ANY PARTY MAY ISSUE AN ORDER : 14
706	663
707		-	(2) FILE PROOF THAT THE S UMMONS HAS BEEN SERV ED, POSTED,
708		-	AND PUBLISHED AS REQ UIRED IN THE ORDER .
	664	+	(1) FOR THE AP POINTMENT OF AN ATTO RNEY TO PROTECT THE 15
	665	+	INTEREST OF ANY PART Y TO THE SAME EXTENT AND EFFECT AS PROVID ED UNDER 16
	666	+	RULE 2–203 OF THE MARYLAND RULES WITH RESPECT TO INDIVIDUALS NOT IN 17
	667	+	BEING; 18
709	668
710		-	(B) IF THE COURT ORDERS S ERVICE BY PUBLICATIO N, THE PUBLICATION
711		-	SHALL USE THE LEGAL DE SCRIPTION OF THE PRO PERTY ALONG WITH ITS STREET
712		-	ADDRESS, OR OTHER COMMON DESI GNATION, IF ANY.
	669	+	(2) TO REQUIRE JOINDER OF ANY ADDITIONAL PARTI ES THAT ARE 19
	670	+	NECESSARY OR PROPER; AND 20
713	671
714		-	~~14–707.~~
	672	+	(3) TO REQUIRE THAT THE P LAINTIFF: 21
715	673
716		-	(A) EXCEPT AS PROVIDED IN SUBSECTIONS (B) THROUGH (D) OF THIS
717		-	SECTION, THE COURT SHALL DETE RMINE THE FAIR MARKE T VALUE OF THE
718		-	PROPERTY BY ORDERING AN A PPRAISAL IN ACCORDAN CE WITH SUBSECTION (E) OF
719		-	THIS SECTION.
	674	+	(I) PROCURE A TITLE REPOR T SUPPORTED BY AN AF FIDAVIT 22
	675	+	BY THE PERSON MAKING THE TITLE SEARCH THA T A COMPLETE SEARCH OF THE 23
	676	+	PUBLIC RECORDS HAS B EEN PERFORMED IN ACC ORDANCE WITH GENERAL LY 24
	677	+	ACCEPTED STANDA RDS OF TITLE EXAMINA TION FOR THE APPROPR IATE PERIOD AS 25
	678	+	DETERMINED BY THE CO URT, BUT NOT LESS THAN 60 YEARS; AND 26
720	679
721		-	(B) THE ~~COURT MAY ACCEPT A PREVIOUSLY COMPLET ED APPRAISAL FILED~~
722		-	~~WITH~~ THE ~~COURT AS EV IDENCE OF VALUE PROV IDED THAT:~~
	680	+	(II) DESIGNATE A PLACE WHE RE THE TITLE REPORT SHALL BE 27
	681	+	KEPT FOR INSPECTION , USE, AND COPYING BY THE P ARTIES. 28
723	682
724		-	(1) THE APPRAISAL IS DATE D NOT EARLIER THAN 6 MONTHS BE FORE
725		-	THE FILING OF THE PA RTITION ACTION;
726		-	LAWRENCE J. HOGAN, JR., Governor Ch. 402
	683	+	14–704. 29
727	684
728		-	– 17 –
729		-	(2) THE APPRAISAL WAS COM PLETED BY A DISINTER ESTED REAL
730		-	ESTATE APPRAISER LIC ENSED IN THE STATE; AND
	685	+	IN ADDITION TO ANY PE RSONS REQUIRED TO BE NAMED AS DEFENDANTS IN 30
	686	+	AN ACTION UNDER THIS SUBTITLE, THE PLAINTIFF MAY NA ME AS DEFENDANTS ALL 31 16 SENATE BILL 92
731	687
732		-	(3) NO PARTY OBJECTS TO T HE APPRAISED VALUE .
733	688
734		-	(C) IF ALL COTENANTS HAVE AGREED TO THE VALUE OF THE PROPERTY OR
735		-	TO ANOTHER METHOD OF VALUATION, THE COURT SHALL ADOP T THAT VALUE OR
736		-	THE VALUE PRODUCED B Y THE AGREED METHOD OF VALUATION .
	689	+	PERSONS UNKNOWN , CLAIMING ANY LEGAL O R EQUITABLE RIGHT , TITLE, ESTATE, 1
	690	+	LIEN, OR INTEREST IN THE P ROPERTY DESCRIBED IN THE COMPLAINT ADVERSE TO 2
	691	+	THE PLAINTIFF ’S TITLE, OR ANY CLOUD ON THE PLAINTIFF’S TITLE TO THE 3
	692	+	PROPERTY. 4
737	693
738		-	(D) IF THE COURT DETERMIN ES THAT THE EVIDENTI ARY VALUE OF AN
739		-	APPRAISAL IS OUTWEIG HED BY THE COST OF T HE APPRAISAL AND NO PREVIOUSLY
740		-	COMPLETED APPRAISAL WAS FILED UNDER SUBS ECTION (B) OF THIS SECTION, THE
741		-	COURT, AFTER AN EVIDENTIARY HEARING, SHALL DETERMINE THE FAIR MARKET
742		-	VALUE OF THE PROPERT Y AND SEND NOTICE TO THE PARTIES OF THE V ALUE.
	694	+	14–705. 5
743	695
744		-	(E) (1) IF THE COURT ORDERS A N APPRAISAL UNDER SU BSECTION (A) OF
745		-	THIS SECTION , THE COURT SHALL APPO INT A DISINTERESTED REAL ESTATE
746		-	APPRAISER LICENSED I N THE STATE TO DETERMINE TH E FAIR MARKET VALUE OF
747		-	THE PROPERTY ASSUMIN G SOLE OWNERSHIP OF THE FEE SIMPLE ESTAT E.
	696	+	(A) (1) IF, ON AFFIDAVIT OF THE PLAINTIFF, IT APPEARS TO THE 6
	697	+	SATISFACTION OF THE COURT THAT THE PLAIN TIFF HAS USED REASON ABLE 7
	698	+	DILIGENCE TO ASCE RTAIN THE IDENTITY A ND RESIDENCE OF AND TO SERVE A 8
	699	+	SUMMONS ON THE PERSO NS NAMED AS UNKNOWN DEFENDANTS AND PERSO NS 9
	700	+	JOINED AS TESTATE OR INTESTATE SUCCESSORS OF A PERSON KNOWN OR BELIEVED 10
	701	+	TO BE DEAD, THE COURT SHALL ORDE R SERVICE BY PUBLICA TION IN ACCORDANCE 11
	702	+	WITH RULE 2–122 OF THE MARYLAND RULES AND THE PROVISI ONS OF THIS 12
	703	+	SUBTITLE. 13
748	704
749		-	(2) ON COMPLETION OF THE APPRAISAL, THE APPRAISER SHALL FILE
750		-	A SWORN OR VERIFIED APPRAISAL WITH THE C OURT.
	705	+	(2) THE ORDER SHALL DIREC T THAT A COPY OF THE SUMMONS, THE 14
	706	+	COMPLAINT, AND THE ORDER FOR PU BLICATION BE MAILED IMMEDIATELY TO THE 15
	707	+	PARTY IF THE PARTY ’S ADDRESS IS ASCERTA INED BEFORE EXPIRATION OF THE TIME 16
	708	+	PRESCRIBED FOR PUBLI CATION OF THE SUMMON S. 17
751	709
752		-	(F) IF AN APPRAISAL IS CO NDUCTED UNDER SUBSEC TION (A) OF THIS
753		-	SECTION OR FILED WIT H THE COURT UNDER SU BSECTION (B) OF THIS SECTION, NOT
754		-	LATER THAN 10 DAYS AFTER THE APPRA ISAL IS FILED, THE COURT SHALL SEND
755		-	NOTICE TO EACH PARTY WITH A KNOWN ADDRESS , STATING:
	710	+	(B) THIS SECTION DOES NOT AUTHORIZE SERVICE BY PUBLICATION ON ANY 18
	711	+	PERSON NAMED AS AN U NKNOWN DEFENDANT WHO IS IN OPEN AND ACTUA L 19
	712	+	POSSESSION OF THE PR OPERTY. 20
756	713
757		-	~~(1) THE APPRAISED FAIR MA RKET VALUE OF THE PR OPERTY;~~
	714	+	14–706. 21
758	715
759		-	(2) ~~THAT~~ THE ~~APPRAISAL IS AVAILABLE AT~~ THE ~~OFF ICE OF THE~~
760		-	~~CLERK; AND~~
	716	+	(A) IF THE COURT ORDERS SERVICE BY PU BLICATION, THE PLAINTIFF 22
	717	+	SHALL: 23
761	718
762		-	(3) ~~THAT A PARTY MAY FILE WITH~~ THE ~~COURT AN OBJECTI ON TO~~ THE
763		-	~~APPRAISAL NOT LATER THAN 30 DAYS AFTER~~ THE ~~NOTIC E IS SENT,~~ ~~STATING THE~~
764		-	~~GROUNDS FOR~~ THE ~~OBJE~~ CTION.
	719	+	(1) POST, NOT LATER THAN 10 DAYS AFTER THE DATE THE ORDER IS 24
	720	+	ISSUED, A COPY OF THE SUMMON S AND COMPLAINT IN A CONSPICUOUS PLACE ON 25
	721	+	THE PROPERTY THAT IS THE SUBJECT OF THE A CTION; AND 26
765	722
766		-	(G) (1) IF AN APPRAISAL IS FI LED WITH THE COURT U NDER SUBSECTION
767		-	(E) OF THIS SECTION, THE COURT SHALL CON DUCT A HEARING TO DE TERMINE THE
768		-	FAIR MARKET VALUE OF THE PROPERTY NOT SOO NER THAN 30 DAYS AFTER A COPY
769		-	OF THE NOTICE OF THE APPRAISAL IS SENT TO EACH PARTY UNDER SUB SECTION (F)
770		-	OF THIS SECTION , WHETHER OR NOT AN OB JECTION TO THE APPRA ISAL IS FILED
771		-	UNDER SUBSECTION (F)(3) OF THIS SECTION.
772		-	Ch. 402 2022 LAWS OF MARYLAND
	723	+	(2) FILE PROOF THAT THE SUMMONS HAS BEEN SERVED , POSTED, 27
	724	+	AND PUBLISHED AS REQ UIRED IN THE ORDER . 28
773	725
774		-	– 18 –
775		-	(2) IN ADDITION TO AN APP RAISAL DESCRIBED UND ER SUBSECTION
776		-	(A) OR (B) OF THIS SECTION, THE COURT MAY CONSID ER ANY OTHER EVIDENC E OF
777		-	VALUE OFFERED BY A P ARTY.
	726	+	(B) IF THE COURT ORDERS S ERVICE BY PUBLICATIO N, THE PUBLICATION 29
	727	+	SHALL USE THE LEGAL DESCRIPTION OF THE P ROPERTY ALONG WITH I TS STREET 30
	728	+	ADDRESS, OR OTHER COMMON DESI GNATION, IF ANY. 31
778	729
779		-	(H) AFTER A HEARING UNDER SUBSECTION (G) OF THIS SECTION , BUT
780		-	BEFORE CONSIDERING T HE MERITS OF THE PAR TITION ACTION, THE COURT SHALL
781		-	DETERMINE THE FAIR M ARKET VALUE OF THE P ROPERTY AND SEND NOT ICE TO THE
782		-	PARTIES OF THE VALUE .
	730	+	14–707. 32
	731	+	SENATE BILL 92 17
783	732
784		-	14–708.
785	733
786		-	(A) IF ANY COTENANT REQUE STED PARTITION BY SA LE, AFTER THE
787		-	DETERMINATION OF VA LUE UNDER § 14–707 OF THIS SUBTITLE , THE COURT SHALL
788		-	SEND NOTICE TO THE P ARTIES THAT ANY COTE NANT, EXCEPT A COTENANT TH AT
789		-	REQUESTED PARTITION BY SALE, MAY BUY ALL THE INTE RESTS OF THE COTENAN TS
790		-	THAT REQUESTED PARTI TION BY SALE.
	734	+	(A) EXCEPT AS PROVIDED IN SUBSECTIONS (B) THROUGH (D) OF THIS 1
	735	+	SECTION, THE COURT SHALL DETE RMINE THE FAIR MARKE T VALUE OF THE 2
	736	+	PROPERTY BY ORDERING AN APPRAISAL IN ACCO RDANCE WITH SUBSECTI ON (E) OF 3
	737	+	THIS SECTION. 4
791	738
792		-	(B) NOT LATER THAN 45 DAYS AFTER THE NOTICE IS SENT UNDER
793		-	SUBSECTION (A) OF THIS SECTION , ANY COTENANT , EXCEPT A COTENANT TH AT
794		-	REQUESTED PARTITION BY SALE, MAY GIVE NOTICE TO T HE COURT THAT THE
795		-	COTENANT ELECTS TO B UY ALL THE INTERESTS OF THE COTENANTS THA T
796		-	REQUESTED PARTITION BY SALE.
	739	+	(B) THE COURT MAY ACCEPT A PREVIOUSLY COMPLET ED APPRAISAL FILED 5
	740	+	WITH THE COURT AS EV IDENCE OF VALUE PROV IDED THAT: 6
797	741
798		-	(C) THE PURCHASE PRICE FO R EACH OF THE INTERE STS OF A COTENANT
799		-	THAT REQUESTED PARTI TION BY SALE IS THE VALUE OF THE ENTIRE PARCEL
800		-	DETERMINED UNDER § 14–707 OF THIS SUBTITLE MUL TIPLIED BY THE COTEN ANT’S
801		-	FRACTIONAL OWNERSHIP OF THE ENTIRE PARCEL .
	742	+	(1) THE APPRAISAL IS DATE D NOT EARLIER THAN 6 MONTHS BEFORE 7
	743	+	THE FILING OF THE PA RTITION ACTION; 8
802	744
803		-	(D) ~~AFTER EXPIRATION OF T HE PERIOD DESCRIBED IN SUBSECTION (B) OF~~
804		-	~~THIS SECTION,~~ THE ~~FOLLOWING RULES APPLY:~~
	745	+	(2) THE APPRAISAL WAS COM PLETED BY A DISIN TERESTED REAL 9
	746	+	ESTATE APPRAISER LIC ENSED IN THE STATE; AND 10
805	747
806		-	(1) IF ONLY ONE COTENANT ELECTS TO BUY ALL TH E INTERESTS OF
807		-	THE COTENANTS THAT R EQUESTED PARTITION B Y SALE, THE COURT SHALL NOTI FY
808		-	ALL THE PARTIES ;
	748	+	(3) NO PARTY OBJECTS TO T HE APPRAISED VALUE . 11
809	749
810		-	(2) IF ~~MORE THAN ONE COTE NANT ELECTS~~ TO ~~BUY A LL~~ THE
811		-	~~INTERESTS~~ OF ~~THE COT ENANTS THAT REQUESTE D PARTITION BY SALE~~ , THE COURT
812		-	~~SHALL:~~
	750	+	(C) IF ALL COTENANTS HAVE AGREED TO THE VALUE OF THE PROPERTY OR 12
	751	+	TO ANOTHER METHOD OF VALUATION, THE COURT SHALL ADOP T THAT VALUE OR 13
	752	+	THE VALUE PROD UCED BY THE AGREED M ETHOD OF VALUATION . 14
813	753
814		-	(I) ALLOCATE THE RIGHT TO BUY THOSE INTERESTS AMONG
815		-	THE ELECTING COTENAN TS BASED ON EACH ELE CTING COTENANT ’S EXISTING
816		-	FRACTIONAL OWNERSHIP OF THE ENTIRE PARCEL DIVIDED BY THE TOTAL EXISTING
817		-	FRACTIONAL OWNERSHIP OF ALL COTENANTS ELE CTING TO BUY; LAWRENCE J. HOGAN, JR., Governor Ch. 402
	754	+	(D) IF THE COURT DETERMIN ES THAT THE EVIDENTI ARY VALUE OF AN 15
	755	+	APPRAISAL IS OUTWEIG HED BY THE COST OF T HE APPRAISAL AND NO PREVIOUSLY 16
	756	+	COMPLETED APPRAISAL WAS FILED UNDER SUBS ECTION (B) OF THIS SECTION, THE 17
	757	+	COURT, AFTER AN EVIDENTIARY HE ARING, SHALL DETERMINE THE FAIR MARKET 18
	758	+	VALUE OF THE PROPERT Y AND SEND NOTICE TO THE PARTIES OF THE V ALUE. 19
818	759
819		-	– 19 –
	760	+	(E) (1) IF THE COURT ORDERS A N APPRAISAL UNDER SU BSECTION (A) OF 20
	761	+	THIS SECTION , THE COURT SHALL APPO INT A DISINTERESTED REAL ESTATE 21
	762	+	APPRAISER LICENSED I N THE STATE TO DETERMINE TH E FAIR MARKET VALUE OF 22
	763	+	THE PROPERTY ASSUMIN G SOLE OWNERSHIP OF THE FEE SIMPLE ESTAT E. 23
820	764
821		-	(II) NOTIFY ALL THE PARTIE S THAT MORE THAN ONE
822		-	COTENANT ELECTED TO BUY ALL THE INTEREST S OF THE COTENANTS T HAT
823		-	REQUESTED PART ITION BY SALE; AND
	765	+	(2) ON COMPLETION OF THE APPRAISAL, THE APPRAISER SHALL FILE 24
	766	+	A SWORN OR VERIFIED APPRAISAL WITH THE C OURT. 25
824	767
825		-	(III) SEND NOTICE OF THE PR ICE TO BE PAID BY EA CH ELECTING
826		-	COTENANT; OR
	768	+	(F) IF AN APPRAISAL IS CO NDUCTED UNDER SUBSEC TION (A) OF THIS 26
	769	+	SECTION OR FILED WIT H THE COURT UNDER SU BSECTION (B) OF THIS SECTION, NOT 27
	770	+	LATER THAN 10 DAYS AFTER THE APPRA ISAL IS FILED, THE COURT SHALL SEND 28
	771	+	NOTICE TO EACH PARTY WITH A KNOWN ADDRESS , STATING: 29
827	772
828		-	(3) IF NO COTENANT ELECTS TO BUY ALL THE INTER ESTS OF THE
829		-	COTENANTS THAT REQUE STED PARTITION BY SA LE, THE COURT SHALL SEND
830		-	NOTICE TO ALL THE PA RTIES AND RESO LVE THE PARTITION AC TION UNDER §
831		-	14–711(A) AND (B) OF THIS SUBTITLE.
	773	+	(1) THE APPRAISED FAIR MA RKET VALUE OF THE PR OPERTY; 30
832	774
833		-	(E) (1) IF THE COURT SENDS NO TICE TO THE PARTIES UNDER
834		-	SUBSECTION (D)(1) OR (2) OF THIS SECTION , THE COURT SHALL SET A DATE NOT
835		-	SOONER THAN 60 DAYS AFTER THE DATE THE NOTICE WAS SENT BY WHICH
836		-	ELECTING COTENANTS M UST PAY THEIR APPORT IONED PRICE INTO THE COURT.
	775	+	(2) THAT THE APPRAISAL IS AVAILABLE AT THE OFF ICE OF THE 31
	776	+	CLERK; AND 32
	777	+	18 SENATE BILL 92
837	778
838		-	(2) AFTER THE DATE SET BY THE COURT UNDER PARA GRAPH (1) OF
839		-	THIS SUBSECTION , THE FOLLOWING RULES APPLY:
840	779
841		-	(I) IF ALL ELECTING COTEN ANTS PAY THEIR APPOR TIONED
842		-	PRICE INTO COURT O N TIME, THE COURT SHALL ISSU E AN ORDER REALLOCAT ING
843		-	ALL THE INTERESTS OF THE COTENANTS AND DI SBURSE THE AMOUNTS H ELD BY THE
844		-	COURT TO THE PERSONS ENTITLED TO THE FUND S;
	780	+	(3) THAT A PARTY MAY FILE WITH THE COURT AN OBJECTI ON TO THE 1
	781	+	APPRAISAL NOT LATER THAN 30 DAYS AFTER THE NOTIC E IS SENT, STATING THE 2
	782	+	GROUNDS FOR THE OBJE CTION. 3
845	783
846		-	(II) IF NO ELECTING COTENA NT PAYS THE COTENANT ’S
847		-	APPORTIONED PRICE ON TIME, THE COURT SHALL RESOLVE THE PARTITION ACTION
848		-	UNDER § 14–709(A) AND (B) OF THIS SUBTITLE AS IF THE INTERESTS OF THE
849		-	COTENANTS THAT REQUE STED PARTITION BY SA LE WERE NOT PURCHASE D; OR
	784	+	(G) (1) IF AN APPRAISAL IS FI LED WITH THE COURT U NDER SUBSECTION 4
	785	+	(E) OF THIS SECTION, THE COURT SHALL COND UCT A HEARING TO DET ERMINE THE 5
	786	+	FAIR MARKET VALUE OF THE PROPERTY NOT SOO NER THAN 30 DAYS AFTER A COPY 6
	787	+	OF THE NOTICE OF THE APPRAISAL IS SENT TO EACH PARTY UNDER SUB SECTION (F) 7
	788	+	OF THIS SECTION , WHETHER OR NOT AN OB JECTION TO THE APPRA ISAL IS FILED 8
	789	+	UNDER SUB SECTION (F)(3) OF THIS SECTION. 9
850	790
851		-	(III) IF ONE OR MORE BUT NO T ALL OF THE ELECTIN G
852		-	COTENANTS FAIL TO PA Y THEIR APPORTIONED PRICE ON TIME , THE COURT, ON
853		-	MOTION, SHALL GIVE NOTICE OF THE INTEREST REMAINI NG AND THE PRICE FOR
854		-	THAT INTEREST TO THE ELECTING COTENANTS T HAT PAID THEIR APPOR TIONED
855		-	PRICE.
	791	+	(2) IN ADDITION TO AN APP RAISAL DESCRIBED UND ER SUBSECTION 10
	792	+	(A) OR (B) OF THIS SECTION, THE COURT MAY CONSID ER ANY OTHER EVIDENC E OF 11
	793	+	VALUE OFFERED BY A P ARTY. 12
856	794
857		-	(F) ~~(1) NOT LATER THAN 20 DAYS~~ AFTER ~~THE COURT GIVES NOTICE~~
858		-	~~UNDER SUBSECTION (E)(2)(III)~~ OF ~~THIS SECTION~~ , ~~ANY COTENANT THAT PA ID~~ THE
859		-	~~COTENANT’S APPORTIONED PRICE MAY ELECT TO PURCHAS E ALL~~ OF THE
860		-	~~REMAINING INTEREST B Y PAYING~~ THE ~~ENTIRE PRICE INTO THE CO URT~~.
	795	+	(H) AFTER A HEARING UNDER SUBSECTION (G) OF THIS SECTION , BUT 13
	796	+	BEFORE CONSIDERING T HE MERITS OF THE PAR TITION ACTION, THE COURT SHALL 14
	797	+	DETERMINE THE FAIR M ARKET VALUE OF THE P ROPERTY AND SEND NOT ICE TO THE 15
	798	+	PARTIES OF THE VALUE . 16
861	799
862		-	(2) AFTER THE 20–DAY PERIOD DESCRIBED IN PARAGRAPH (1) OF
863		-	THIS SUBSECTION , THE FOLLOWING RULES APPLY: Ch. 402 2022 LAWS OF MARYLAND
	800	+	14–708. 17
864	801
865		-	– 20 –
	802	+	(A) IF ANY COTENANT REQUE STED PARTITION BY SA LE, AFTER THE 18
	803	+	DETERMINATION OF V ALUE UNDER § 14–707 OF THIS SUBTITLE , THE COURT SHALL 19
	804	+	SEND NOTICE TO THE P ARTIES THAT ANY COTE NANT, EXCEPT A COTENANT TH AT 20
	805	+	REQUESTED PARTITION BY SALE, MAY BUY ALL THE INTE RESTS OF THE COTENAN TS 21
	806	+	THAT REQUESTED PARTI TION BY SALE. 22
866	807
867		-	(I) IF ONLY ONE COTENANT PAYS THE ENTIRE PRIC E FOR THE
868		-	REMAINING INTEREST , THE COURT SHALL :
	808	+	(B) NOT LATER THAN 45 DAYS AFTER THE NOTICE I S SENT UNDER 23
	809	+	SUBSECTION (A) OF THIS SECTION , ANY COTENANT , EXCEPT A COTENANT TH AT 24
	810	+	REQUESTED PARTITION BY SALE, MAY GIVE NOTICE TO T HE COURT THAT THE 25
	811	+	COTENANT ELECTS TO B UY ALL THE INTERESTS OF THE COTENANTS THA T 26
	812	+	REQUESTED PARTITION BY SALE. 27
869	813
870		-	1. ISSUE AN ORDER REALLO CATING THE REMAINING
871		-	INTEREST TO THAT COT ENANT; AND
	814	+	(C) THE PURCHASE PRICE FO R EACH OF THE INTERE STS OF A COTENANT 28
	815	+	THAT REQUESTED PARTI TION BY SALE IS THE VALUE OF THE ENTIRE PARCEL 29
	816	+	DETERMINED UNDER § 14–707 OF THIS SUBTITLE MUL TIPLIED BY THE COTEN ANT’S 30
	817	+	FRACTIONAL OWNERSHIP OF THE ENTIRE PARCEL . 31
872	818
873		-	~~2. PROMPTLY ISSUE AN ORD ER REALLOCATING THE~~
874		-	~~INTERESTS OF ALL OF~~ THE ~~COTENANTS AND DI SBURSE THE AMOUNTS H ELD BY THE~~
875		-	~~COURT TO THE PERSONS ENTITLED TO THEM ;~~
	819	+	(D) AFTER EXPIRATION OF T HE PERIOD DESCRIBED IN SUBSECTION (B) OF 32
	820	+	THIS SECTION, THE FOLLOWING RULES APPLY: 33
	821	+	SENATE BILL 92 19
876	822
877		-	(II) IF NO COTENANT PAYS T HE ENTIRE PRICE FOR THE
878		-	REMAINING INTEREST, THE COURT SHALL RESO LVE THE PARTITION AC TION UNDER
879		-	§ 14–709(A) AND (B) OF THIS SUBTITLE AS IF THE INTERESTS OF THE COTENANTS
880		-	THAT REQUESTED PARTI TION BY SALE WERE NO T PURCHASED ; AND
881	823
882		-	(III) IF MORE THAN ONE COTE NANT PAYS THE ENTIRE PRICE
883		-	FOR THE REMAINING INTEREST , THE COURT SHALL :
	824	+	(1) IF ONLY ONE COTENANT ELECTS TO BUY ALL TH E INTERESTS OF 1
	825	+	THE COTENANTS THAT R EQUESTED PARTITION B Y SALE, THE COURT SHALL NOTI FY 2
	826	+	ALL THE PARTIES ; 3
884	827
885		-	1. REAPPORTION THE REMAI NING INTEREST AMONG
886		-	THOSE PAYING COTENAN TS, BASED ON EACH PAYING COTENANT’S ORIGINAL
887		-	FRACTIONAL OWNERSHIP OF THE ENTIRE PARCEL DIVIDED BY THE TOTAL ORIGINAL
888		-	FRACTIONAL OWNERSHIP OF ALL COTENANTS THAT PAID THE ENTIRE PRICE FOR
889		-	THE REMAINING INTERE ST; AND
	828	+	(2) IF MORE THAN ONE COTE NANT ELECTS TO BUY A LL THE 4
	829	+	INTERESTS OF THE COT ENANTS THAT REQUESTE D PARTITION BY SALE , THE COURT 5
	830	+	SHALL: 6
890	831
891		-	~~2. PROMPTLY ISSUE AN ORD ER REALLOCATING ALL OF~~
892		-	THE ~~COTENANTS~~ ’ ~~INTERESTS,~~ ~~DISBURSE THE AMOUNTS HELD BY THE COURT TO THE~~
893		-	~~PERSONS ENTITLED TO THEM,~~ ~~AND REFUND ANY EXCES S PAYMENT HELD~~ BY ~~TH E~~
894		-	~~COURT.~~
	832	+	(I) ALLOCATE THE RIGHT TO BUY THOSE INTERESTS AMONG 7
	833	+	THE ELECTING COTENAN TS BASED ON EACH ELE CTING COTENANT ’S EXISTING 8
	834	+	FRACTIONAL OWNERSHIP OF THE ENTIRE PARCEL DIVIDED BY THE TOTAL EXISTING 9
	835	+	FRACTIONAL OWNERSHIP OF ALL COTENANTS ELE CTING TO BUY; 10
895	836
896		-	(G) NOT LATER THAN 45 DAYS AFTER THE COURT SENDS NOTICE TO THE
897		-	PARTIES UNDER SUBSEC TION (A) OF THIS SECTION , ANY COTENANT ENTITLE D TO
898		-	BUY AN INTEREST UNDE R THIS SECTION MAY R EQUEST THE COURT TO AUTHORIZE
899		-	THE SALE AS PART OF THE PENDING ACTION O F THE INTERESTS OF COT ENANTS
900		-	NAMED AS DEFENDANTS AND SERVED WITH THE COMPLAINT BUT THAT D ID NOT
901		-	APPEAR IN THE ACTION .
	837	+	(II) NOTIFY ALL THE PARTIE S THAT MORE THAN ONE 11
	838	+	COTENANT ELECTED TO BUY ALL THE INTEREST S OF THE COTENANTS T HAT 12
	839	+	REQUESTED P ARTITION BY SALE ; AND 13
902	840
903		-	(H) IF THE COURT RECEIVES A TIMELY REQUEST UND ER SUBSECTION (G) OF
904		-	THIS SECTION, THE COURT , AFTER A HEARING , MAY DENY THE REQUEST OR
905		-	AUTHORIZE THE REQUESTED ADDITIONAL SALE ON T ERMS THE COURT DETER MINES
906		-	ARE FAIR AND REASONA BLE, SUBJECT TO THE FOLLO WING LIMITATIONS :
907		-	LAWRENCE J. HOGAN, JR., Governor Ch. 402
	841	+	(III) SEND NOTICE OF THE PR ICE TO BE PAID BY EA CH ELECTING 14
	842	+	COTENANT; OR 15
908	843
909		-	– 21 –
910		-	(1) A SALE AUTHORIZED UNDE R THIS SUBSECTION MA Y OCCUR ONLY
911		-	AFTER THE PURCHASE P RICES FOR ALL INTERE STS SUBJECT TO SALE UNDER
912		-	SUBSECTIONS (A) THROUGH (F) OF THIS SECTION HAVE BEEN PAID INTO COURT AND
913		-	THOSE INTERESTS HAVE BEEN REALLOCATED AMO NG THE COTENANTS AS
914		-	PROVIDED IN SUBSECTI ONS (A) THROUGH (F) OF THIS SECTION; AND
	844	+	(3) IF NO COTENANT ELECTS TO BUY ALL THE INTER ESTS OF THE 16
	845	+	COTENANTS THAT REQUE STED PARTITION BY SA LE, THE COURT SHALL SEND 17
	846	+	NOTICE TO ALL THE PA RTIES AND R ESOLVE THE PARTITION ACTION UNDER § 18
	847	+	14–711(A) AND (B) OF THIS SUBTITLE. 19
915	848
916		-	(2) THE PURCHASE PRICE FO R THE INTEREST OF A NONAPPEARING
917		-	COTENANT IS BASED ON THE COURT’S DETERMINATION OF V ALUE UNDER § 14–707
918		-	OF THIS SUBTITLE.
	849	+	(E) (1) IF THE COURT SENDS NO TICE TO THE PARTIES UNDER 20
	850	+	SUBSECTION (D)(1) OR (2) OF THIS SECTION , THE COURT SHALL SET A DATE NOT 21
	851	+	SOONER THAN 60 DAYS AFTER THE DATE THE NOTICE WAS SEN T BY WHICH 22
	852	+	ELECTING COTENANTS M UST PAY THEIR APPORT IONED PRICE INTO THE COURT. 23
919	853
920		-	14–709.
	854	+	(2) AFTER THE DATE SET BY THE COURT UNDER PARA GRAPH (1) OF 24
	855	+	THIS SUBSECTION , THE FOLLOWING RULES APPLY: 25
921	856
922		-	(A) (1) IF UNDER § 14–708 OF THIS SUBTITLE ALL THE INTERESTS OF ALL
923		-	COTENANTS THAT REQUE STED PARTITION BY SA LE ARE NOT PURCHASED BY OTHER
924		-	COTENANTS, OR IF AFTER THE CONC LUSION OF THE BUYOUT A COTENANT REMAINS
925		-	THAT HAS REQUESTED P ARTITION IN KIND, THE COURT SHALL ORDE R PARTITION IN
926		-	KIND UNLESS THE COUR T, AFTER CONSIDERATION OF THE FACTORS LISTE D IN §
927		-	14–710 OF THIS SUBTITLE , FINDS THAT PARTITION IN KIND WILL RESULT IN GREAT
928		-	PREJUDICE TO THE COT ENANTS AS A GROUP .
	857	+	(I) IF ALL ELECTING COTEN ANTS PAY THEIR APPOR TIONED 26
	858	+	PRICE INTO COURT ON TIME , THE COURT SHALL ISSU E AN ORDER REALLOCAT ING 27
	859	+	ALL THE INTERESTS OF THE COTENANTS AND DI SBURSE THE AMOUNTS H ELD BY THE 28
	860	+	COURT TO THE PERSONS ENTITLED TO THE FUND S; 29
929	861
930		-	(2) IN CONSIDERING WHETHE R TO ORDER PARTITION IN KIND, THE
931		-	COURT SHALL APPROVE A REQUEST BY TWO OR MORE PARTIES TO HAVE THEIR
932		-	INDIVIDUAL INTERESTS AGGREGATED .
	862	+	(II) IF NO ELECTING COTENA NT PAYS THE COTENANT ’S 30
	863	+	APPORTIONED PRICE ON TIME, THE COURT SHALL RESOL VE THE PARTITION ACT ION 31
	864	+	UNDER § 14–709(A) AND (B) OF THIS SUBTITLE AS IF THE INTERESTS OF THE 32
	865	+	COTENANTS THAT REQUE STED PARTITION BY SA LE WERE NOT PURCHASE D; OR 33
	866	+	20 SENATE BILL 92
933	867
934		-	(B) IF THE COURT DOES N OT ORDER PARTITION I N KIND UNDER
935		-	SUBSECTION (A) OF THIS SECTION , THE COURT SHALL ORDE R PARTITION BY SALE
936		-	UNDER § 14–711 OF THIS SUBTITLE OR , IF NO COTENANT REQUE STED PARTITION BY
937		-	SALE, THE COURT SHALL DISM ISS THE ACTION.
938	868
939		-	(C) IF THE COURT ORDERS P ARTITION IN KIND IN ACCORDANCE WITH
940		-	SUBSECTION (A) OF THIS SECTION , THE COURT MAY REQUIR E THAT ONE OR MORE
941		-	COTENANTS PAY ONE OR MORE OTHER COTENANTS AMOUNTS SO THAT THE
942		-	PAYMENTS, TAKEN TOGETHER WITH THE VALUE OF THE IN –KIND DISTRIBUTIO NS TO
943		-	THE COTENANTS , WILL MAKE THE PARTIT ION IN KIND JUST AND PROPORTIONATE
944		-	IN VALUE TO THE FRAC TIONAL INTERESTS HEL D.
	869	+	(III) IF ONE OR MORE BUT NO T ALL OF THE ELECTIN G 1
	870	+	COTENANTS FAIL TO PA Y THEIR APPORTIONED PRICE ON TIME , THE COURT, ON 2
	871	+	MOTION, SHALL GIVE NOTICE OF THE INTEREST REMAINI NG AND THE PRICE FOR 3
	872	+	THAT INTEREST TO THE ELECTING COTENANTS T HAT PAID THEIR APPOR TIONED 4
	873	+	PRICE. 5
945	874
946		-	(D) IF THE COURT ORDERS P ARTITION IN KIND , THE COURT SHALL
947		-	ALLOCATE TO THE COTE NANTS THAT ARE UNKNO WN, UNLOCATABLE , OR THE
948		-	SUBJECT OF A DEFAULT JUDGMENT , IF THEIR INTERESTS W ERE NOT BOUGHT OUT
949		-	UNDER § 14–708 OF THIS SUBTITLE, A PART OF THE PROPER TY REPRESENTING THE
950		-	COMBINED INTERESTS O F THESE COTENANTS AS DETERMINED BY THE CO URT AND
951		-	THIS PART OF THE PRO PERTY SHALL REMAIN U NDIVIDED.
952		-	Ch. 402 2022 LAWS OF MARYLAND
	875	+	(F) (1) NOT LATER THAN 20 DAYS AFTER THE COURT GIVES NOTICE 6
	876	+	UNDER SUBSECTION (E)(2)(III) OF THIS SECTION , ANY COTENANT THAT PA ID THE 7
	877	+	COTENANT’S APPORTIONED PRICE MAY ELECT TO PURCHAS E ALL OF THE 8
	878	+	REMAINING INTEREST B Y PAYING THE ENTIRE PRICE INTO THE CO URT. 9
953	879
954		-	– ~~22 –~~
955		-	~~14–710.~~
	880	+	(2) AFTER THE 20–DAY PERIOD DESCRIBED IN PARAGRAPH (1) OF 10
	881	+	THIS SUBSECTION , THE FOLLOWING RULES APPLY: 11
956	882
957		-	(A) IN DETERMINING WHETHE R PARTITION IN KIND UNDER § 14–709(A) OF
958		-	THIS SUBTITLE WOULD RESULT IN GREAT PREJ UDICE TO THE COTENAN TS AS A
959		-	GROUP, THE COURT SHALL CONS IDER THE FOLLOWING :
	883	+	(I) IF ONLY ONE COTENANT PAYS THE ENTIRE PRIC E FOR THE 12
	884	+	REMAINING INTEREST , THE COURT SHALL : 13
960	885
961		-	(1~~) WHETHER~~ THE ~~PROPERTY PRACTICABLY CAN BE D IVIDED AMONG~~
962		-	~~THE COTENANTS~~;
	886	+	1. ISSUE AN ORDER REALLO CATING THE REMAINING 14
	887	+	INTEREST TO THAT COT ENANT; AND 15
963	888
964		-	(2) WHETHER PARTITION IN KIND WOULD APPORTION THE
965		-	PROPERTY IN SUCH A W AY THAT THE AGGREGAT E FAIR MARKET VALUE OF THE
966		-	PARCELS RESULTING FR OM THE DIVISION WOUL D BE MATERIALLY LESS THAN THE
967		-	VALUE OF THE PROPERT Y IF IT WERE SOLD AS A WHOLE, TAKING INTO ACCOUNT THE
968		-	CONDITION UNDER WHIC H A COURT–ORDERED SALE LIKELY WOULD OCCUR ;
	889	+	2. PROMPTLY ISSUE AN ORD ER REALLOCATING THE 16
	890	+	INTERESTS OF ALL OF THE COTENANTS AND DI SBURSE THE AMOUNTS H ELD BY THE 17
	891	+	COURT TO THE PERSONS ENTITLED TO THEM ; 18
969	892
970		-	(3) ~~EVIDENCE OF~~ THE ~~COLLE CTIVE DURATION OF OW NERSHIP OR~~
971		-	~~POSSESSION OF~~ THE ~~PR OPERTY BY A COTENANT AND ONE OR MORE PRED ECESSORS~~
972		-	~~IN TITLE OR PREDECES SORS IN POSSESSION T O~~ THE ~~COTENANT WHO ARE OR WERE~~
973		-	~~RELATIVES OF THE COT ENANT OR EACH OTHER~~ ;
	893	+	(II) IF NO COTENANT PAYS T HE ENTIRE PRICE FOR THE 19
	894	+	REMAINING INTEREST, THE COURT SHALL RESO LVE THE PARTITION AC TION UNDER 20
	895	+	§ 14–709(A) AND (B) OF THIS SUBTITLE AS IF THE INTERESTS OF THE COTENANTS 21
	896	+	THAT REQUESTED PARTI TION BY SALE WERE NO T PURCHASED ; AND 22
974	897
975		-	(4) THE SENTIMENTAL ATTAC HMENT OF A COTENANT TO THE
976		-	PROPERTY, INCLUDING ANY ATTACH MENT ARISING BECAUSE THE PROPERTY HAS
977		-	ANCESTRAL OR OTHER U NIQUE OR SPECIAL VAL UE TO THE COTENANT ;
	898	+	(III) IF MORE THAN ONE COTE NANT PAYS THE ENTIRE PRICE 23
	899	+	FOR THE REMAINING INTEREST , THE COURT SHALL : 24
978	900
979		-	(5) THE LAWFUL USE BEING MADE OF THE PROPERTY BY A COTENANT
980		-	AND THE DEGREE TO WH ICH THE COTENANT WOU LD BE HARMED IF THE COTENANT
981		-	COULD NOT CONTINUE T HE SAME USE OF THE P ROPERTY;
	901	+	1. REAPPORTION THE REMAI NING INTEREST AMONG 25
	902	+	THOSE PAYING COTENAN TS, BASED ON EACH PAYING COTENANT’S ORIGINAL 26
	903	+	FRACTIONAL OWNERSHIP OF THE ENTIRE PARCEL DIVIDED BY THE TOTAL ORIGINAL 27
	904	+	FRACTIONAL OWNERSHIP OF ALL COTENANTS THAT PAID THE ENTIRE PRICE FOR 28
	905	+	THE REMAINING INTERE ST; AND 29
982	906
983		-	~~(6) THE DEGREE TO WHICH T HE COTENANTS HAVE CO NTRIBUTED~~
984		-	~~THEIR PRO RATA SHARE OF~~ THE ~~PROPERTY TAXES , INSURANCE,~~ ~~AND OTHER~~
985		-	~~EXPENSES ASSOCIATED WITH MAINTAINING OWN ERSHIP OF THE PROPER TY OR~~
986		-	~~HAVE CONTRIBUTED TO THE PHYSICAL IMPROVE MENT, MAINTENANCE , OR UPKEEP~~
987		-	~~OF THE PROPERTY ; AND~~
	907	+	2. PROMPTLY ISSUE AN ORD ER REALLOCATING ALL OF 30
	908	+	THE COTENANTS ’ INTERESTS, DISBURSE THE AMOUNTS HELD BY THE COURT TO THE 31
	909	+	PERSONS ENTITLED TO THEM, AND REFUND ANY EXCES S PAYMENT HELD BY TH E 32
	910	+	COURT. 33
	911	+	SENATE BILL 92 21
988	912
989		-	(7) ANY OTHER RELEVANT FA CTOR.
990	913
991		-	(B) THE COURT MAY NOT C ONSIDER ANY ONE FACT OR IN SUBSECTION (A)
992		-	OF THIS SECTION TO B E DISPOSITIVE WITHOU T WEIGHING THE TOTAL ITY OF ALL
993		-	RELEVANT FACTORS AND CIRCUMSTANCES .
	914	+	(G) NOT LATER THAN 45 DAYS AFTER THE COURT SENDS NOTICE TO THE 1
	915	+	PARTIES UNDER SUBSEC TION (A) OF THIS SECTION , ANY COTENANT ENTITLE D TO 2
	916	+	BUY AN INTEREST UNDE R THIS SECTION MAY R EQUEST THE COURT TO AUTHORIZE 3
	917	+	THE SALE AS PART OF THE PENDING ACTION O F THE INTERESTS OF COT ENANTS 4
	918	+	NAMED AS DEFENDANTS AND SERVED WITH THE COMPLAINT BUT THAT D ID NOT 5
	919	+	APPEAR IN THE ACTION . 6
994	920
995		-	14–711.
996		-	LAWRENCE J. HOGAN, JR., Governor Ch. 402
	921	+	(H) IF THE COURT RECEIVES A TIMELY REQUEST UND ER SUBSECTION (G) OF 7
	922	+	THIS SECTION, THE COURT , AFTER A HEARING , MAY DENY THE REQUEST OR 8
	923	+	AUTHORIZE THE REQUESTED ADDITIONAL SALE ON T ERMS THE COURT DETER MINES 9
	924	+	ARE FAIR AND REASONA BLE, SUBJECT TO THE FOLLO WING LIMITATIONS : 10
997	925
998		-	~~– 23 –~~
999		-	~~(A) IF~~ THE ~~COURT ORDERS A~~ SALE ~~OF PROPERTY , THE SALE SHALL BE AN~~
1000		-	~~OPEN–MARKET SALE UNLESS T HE~~ COURT ~~FINDS THAT A S ALE BY SEALED BIDS O R AN~~
1001		-	~~AUCTION WOULD BE MOR E ECONOMICALLY ADVAN TAGEOUS AND IN~~ THE ~~B EST~~
1002		-	~~INTEREST~~ OF ~~THE COTE NANTS AS A GROUP .~~
	926	+	(1) A SALE AUTHORIZED UNDE R THIS SUBSECTION MA Y OCCUR ONLY 11
	927	+	AFTER THE PURCHASE P RICES FOR ALL INTERE STS SUBJECT TO SALE UNDER 12
	928	+	SUBSECTIONS (A) THROUGH (F) OF THIS SECTION HAVE BEEN PAID INTO COURT AND 13
	929	+	THOSE INTERESTS HAVE BEEN REALLOCATED AMO NG THE COTENANTS AS 14
	930	+	PROVIDED IN SUBSECTI ONS (A) THROUGH (F) OF THIS SECTION; AND 15
1003	931
1004		-	(B) (1) IF THE COURT ORDERS A N OPEN–MARKET SALE AND THE
1005		-	PARTIES, NOT LATER THAN 10 DAYS AFTER THE ENTRY OF THE ORDER, AGREE ON A
1006		-	REAL ESTATE BROKER L ICENSED IN THE STATE TO OFFER THE PR OPERTY FOR SALE ,
1007		-	THE COURT SHALL APPO INT THE BROKER AND E STABLISH A REASONABL E
1008		-	COMMISSION.
	932	+	(2) THE PURCHASE PRICE FO R THE INTEREST OF A NONAPPEARING 16
	933	+	COTENANT IS BASED ON THE COURT’S DETERMINATION OF V ALUE UNDER § 14–707 17
	934	+	OF THIS SUBTITLE. 18
1009	935
1010		-	(2) IF THE PARTIES DO NOT AGREE ON A BROKER , THE COURT SHALL
1011		-	APPOINT A DISINTERES TED REAL ESTATE BROKER LICENSED IN THE STATE TO
1012		-	OFFER THE PROPERTY F OR SALE AND SHALL ES TABLISH A REASONABLE
1013		-	COMMISSION.
	936	+	14–709. 19
1014	937
1015		-	(3) A BROKER APPOINTED UND ER THIS SUBSECTION S HALL OFFER
1016		-	THE PROPERTY FOR SAL E IN A COMMERCIALLY REASONABLE MANNER AT A PRICE
1017		-	NOT LOW ER THAN THE DETERMIN ATION OF VALUE AND O N THE TERMS AND
1018		-	CONDITIONS ESTABLISH ED BY THE COURT .
	938	+	(A) (1) IF UNDER § 14–708 OF THIS SUBTITLE ALL THE INTERESTS OF ALL 20
	939	+	COTENANTS THAT REQUE STED PARTITION BY SA LE ARE NOT PURCHASED BY OTHER 21
	940	+	COTENANTS, OR IF AFTER THE CONC LUSION OF THE BUYOUT A COTENANT REMAINS 22
	941	+	THAT HAS REQUESTED P ARTITION IN KIND, THE COURT SHALL ORDE R PARTITION IN 23
	942	+	KIND UNLESS THE COUR T, AFTER CONSIDERATION OF THE FACTORS LISTE D IN § 24
	943	+	14–710 OF THIS SUBTITLE , FINDS THAT PARTITION IN KIND WILL RESULT IN GREAT 25
	944	+	PREJUDICE TO THE COT ENANTS AS A GROUP . 26
1019	945
1020		-	(C) IF THE ~~BROKER APPOINT ED UNDER SUBSECTION (B) OF THIS SECTION~~
1021		-	~~OBTAINS WITHIN~~ A ~~REA SONABLE TIME AN OFFE R~~ TO ~~PURCHASE THE PR OPERTY FOR~~
1022		-	~~AT LEAST THE DETERMI NATION OF VALUE:~~
	946	+	(2) IN CONSIDERING WHETHE R TO ORDER PARTITION IN KIND, THE 27
	947	+	COURT SHALL APPROVE A REQUEST BY TWO OR MORE PARTIES TO HAVE THEIR 28
	948	+	INDIVIDUAL INTERESTS AGGREGATED . 29
1023	949
1024		-	(1) THE BROKER SHALL COMP LY WITH THE REPORTIN G
1025		-	REQUIREMENTS IN § 14–712 OF THIS SUBTITLE ; AND
	950	+	(B) IF THE COURT DOES N OT ORDER PARTITION I N KIND UNDER 30
	951	+	SUBSECTION (A) OF THIS SECTION , THE COURT SHALL ORDE R PARTITION BY SALE 31
	952	+	UNDER § 14–711 OF THIS SUBTITLE OR , IF NO COTENANT REQUE STED PARTITION BY 32
	953	+	SALE, THE COURT SHALL DISM ISS THE ACTION. 33
1026	954
1027		-	(2) THE SALE MAY BE COMPL ETED IN ACCORDANCE W ITH STATE LAW
1028		-	OTHER THAN THIS SUBT ITLE.
	955	+	(C) IF THE COURT ORDERS P ARTITION IN KIND IN ACCORDANC E WITH 34
	956	+	SUBSECTION (A) OF THIS SECTION , THE COURT MAY REQUIR E THAT ONE OR MORE 35
	957	+	COTENANTS PAY ONE OR MORE OTHER COTENANTS AMOUNTS SO THAT THE 36 22 SENATE BILL 92
1029	958
1030		-	(D) IF THE BROKER APPOINT ED UNDER SUBSECTION (B) OF THIS SECTION
1031		-	DOES NOT OBTAIN WITH IN A REASONABLE TIME AN OFFER TO PURCHASE THE
1032		-	PROPERTY FOR AT LEAS T THE DETERMINATION OF VALUE, THE COURT, AFTER
1033		-	HEARING, MAY:
1034	959
1035		-	(1) APPROVE THE HIGHEST O UTSTANDING OFFER , IF ANY;
	960	+	PAYMENTS, TAKEN TOGETHER WITH THE VALUE OF THE IN –KIND DISTRIBUTIONS T O 1
	961	+	THE COTENANTS , WILL MAKE THE PARTITION IN K IND JUST AND PROPORT IONATE 2
	962	+	IN VALUE TO THE FRAC TIONAL INTERESTS HEL D. 3
1036	963
1037		-	(2) REDETERMINE THE VALUE OF THE PROPERTY A ND ORDER THAT
1038		-	THE PROPERTY CONTINU E TO BE OFFERED FOR AN ADDITIONAL TIME ; OR
	964	+	(D) IF THE COURT ORDERS P ARTITION IN KIND , THE COURT SHALL 4
	965	+	ALLOCATE TO THE COTE NANTS THAT ARE UNKNO WN, UNLOCATABLE , OR THE 5
	966	+	SUBJECT OF A DEFAULT JUDGMENT, IF THEIR INTERESTS WERE NOT BO UGHT OUT 6
	967	+	UNDER § 14–708 OF THIS SUBTITLE, A PART OF THE PROPER TY REPRESENTING THE 7
	968	+	COMBINED INTERESTS O F THESE COTENANTS AS DETERMINED BY THE CO URT AND 8
	969	+	THIS PART OF THE PRO PERTY SHALL REMAIN U NDIVIDED. 9
1039	970
1040		-	(3) ORDER THAT THE PROPER TY BE SOLD BY SEALED BIDS OR AT AN
1041		-	AUCTION.
1042		-	Ch. 402 2022 LAWS OF MARYLAND
	971	+	14–710. 10
1043	972
1044		-	– ~~24 –~~
1045		-	~~(E) IF~~ THE ~~COURT ORDERS~~ A ~~SALE BY SEALED BIDS OR AN AUCTION , THE~~
1046		-	COURT SHALL ~~SET TERM S AND CONDITIONS OF~~ THE ~~SALE.~~
	973	+	(A) IN DETERMINING WHET HER PARTITION IN KIN D UNDER § 14–709(A) OF 11
	974	+	THIS SUBTITLE WOULD RESULT IN GREAT PREJ UDICE TO THE COTENAN TS AS A 12
	975	+	GROUP, THE COURT SHALL CONS IDER THE FOLLOWING : 13
1047	976
1048		-	(F) IF A PURCHASER IS ENT ITLED TO A SHARE OF THE PROCEEDS OF THE
1049		-	SALE, THE PURCHASER IS ALS O ENTITLED TO A CRED IT AGAINST THE PRICE IN AN
1050		-	AMOUNT EQUAL TO THE PURCHASER ’S SHARE OF THE PROCE EDS.
	977	+	(1) WHETHER THE PROPERTY PRACTICABLY CAN BE D IVIDED AMONG 14
	978	+	THE COTENANTS ; 15
1051	979
1052		-	14–712.
	980	+	(2) WHETHER PARTITI ON IN KIND WOULD APP ORTION THE 16
	981	+	PROPERTY IN SUCH A W AY THAT THE AGGREGAT E FAIR MARKET VALUE OF THE 17
	982	+	PARCELS RESULTING FR OM THE DIVISION WOUL D BE MATERIALLY LESS THAN THE 18
	983	+	VALUE OF THE PROPERT Y IF IT WERE SOLD AS A WHOLE, TAKING INTO ACCOUNT THE 19
	984	+	CONDITION UNDE R WHICH A COURT –ORDERED SALE LIKELY WOULD OCCUR ; 20
1053	985
1054		-	(A) ~~A BROKER APPOINTED UND ER § 14–711(B)~~ OF ~~THIS SUBTITLE TO OFFER~~
1055		-	~~PROPERTY FOR OPEN –MARKET~~ ~~SALE SHALL FI LE~~ A ~~REPORT WITH THE COURT NOT~~
1056		-	~~LATER THAN 7 DAYS AFTER RECEIVING AN OFFER TO PURCHASE~~ THE ~~PROPERTY FOR~~
1057		-	~~AT LEAST~~ THE ~~VALUE D ETERMINED UNDER § 14–707~~ OR ~~§ 14–711 OF THIS SUBTITLE.~~
	986	+	(3) EVIDENCE OF THE COLLE CTIVE DURATION OF OW NERSHIP OR 21
	987	+	POSSESSION OF THE PR OPERTY BY A COTENANT AND ONE OR MORE PRED ECESSORS 22
	988	+	IN TITLE OR PREDECES SORS IN POSSESSION T O THE COTENANT WHO A RE OR WERE 23
	989	+	RELATIVES OF THE COT ENANT OR EACH OTHER ; 24
1058	990
1059		-	(B) A REPORT REQUIRED UNDE R SUBSECTION (A) OF THIS SECTION SHAL L
1060		-	CONTAIN THE FOLLOWIN G INFORMATION :
	991	+	(4) THE SENTIMENTAL ATTAC HMENT OF A COTENANT TO THE 25
	992	+	PROPERTY, INCLUDING ANY ATTACH MENT ARISING BECAUSE THE PROPERTY HAS 26
	993	+	ANCESTRAL OR OTHER U NIQUE OR SPECIAL VAL UE TO THE COTENANT ; 27
1061	994
1062		-	(1) A DESCRIPTION OF THE P ROPERTY TO BE SOLD T O EACH BUYER;
	995	+	(5) THE LAWFUL USE BEING MADE OF THE PROPERTY BY A COTENANT 28
	996	+	AND THE DEGREE TO WH ICH THE COTENANT WOU LD BE HARMED IF THE COTENANT 29
	997	+	COULD NOT CONTINUE T HE SAME USE OF THE P ROPERTY; 30
1063	998
1064		-	(2) THE NAME OF EACH BUYE R;
	999	+	(6) THE DEGREE TO WHICH T HE COTENANTS HAVE CO NTRIBUTED 31
	1000	+	THEIR PRO RATA SHARE OF THE PROPERTY TAXE S, INSURANCE, AND OTHER 32
	1001	+	EXPENSES ASSOCIATED WITH MAINTAINING OWN ERSHIP OF THE PROPER TY OR 33
	1002	+	HAVE CONTRIBUTED TO THE PHYSICAL IMPROVE MENT, MAINTENANCE , OR UPKEEP 34
	1003	+	OF THE PROPERTY ; AND 35 SENATE BILL 92 23
1065	1004
1066		-	(3) THE PROPOSED PURCHASE PRICE;
1067	1005
1068		-	(4) THE TERMS AND CONDITI ONS OF THE PROPOSED SALE,
1069		-	INCLUDING THE TERMS OF ANY OWNER FINANCI NG;
1070	1006
1071		-	(5) ~~THE AMOUNTS TO BE PAI D TO LIENHOLDERS ;~~
	1007	+	(7) ANY OTHER RELEVANT FA CTOR. 1
1072	1008
1073		-	(6) A STATEMENT OF CONTRAC TUAL OR OTHER ARRANG EMENTS OR
1074		-	CONDITIONS OF THE BR OKER’S COMMISSION; AND
	1009	+	(B) THE COURT MAY NOT CON SIDER ANY ONE FACTOR IN SUBSECTION (A) 2
	1010	+	OF THIS SECTION TO B E DISPOSITIVE WITHOU T WEIGHING THE TOTAL ITY OF ALL 3
	1011	+	RELEVANT FACTORS AND CIRCUMSTANCES . 4
1075	1012
1076		-	~~(7) OTHER MATERIAL FACTS RE LEVANT TO THE SALE~~ .
	1013	+	14–711. 5
1077	1014
1078		-	14–713.
	1015	+	(A) IF THE COURT ORDERS A SALE OF PROPERTY , THE SALE SHALL BE AN 6
	1016	+	OPEN–MARKET SALE UNLESS T HE COURT FINDS THAT A SALE BY SEALED BIDS OR AN 7
	1017	+	AUCTION WOULD BE MOR E ECONOMICALLY ADVAN TAGEOUS AND IN THE B EST 8
	1018	+	INTEREST OF THE COTE NANTS AS A GROUP . 9
1079	1019
1080		-	~~THIS SUBTITLE MODIFIE S,~~ ~~LIMITS,~~ AND ~~SUPERSEDES~~ THE ~~ELECTRONIC~~
1081		-	~~SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT~~, ~~15 U.S.C. § 7001 ET SEQ.~~,
1082		-	~~BUT DOES NOT MODIFY~~ , ~~LIMIT, OR SUPERSEDE § 101(C) OF THAT ACT, 15 U.S.C. §~~
1083		-	~~7001(C), OR AUTHORIZE ELECTRO NIC DELIVERY OF ANY OF~~ THE ~~NOTICES~~
1084		-	~~DESCRIBED IN § 103(B) OF THAT ACT, 15 U.S.C. § 7003(B)~~.
	1020	+	(B) (1) IF THE COURT ORDERS A N OPEN–MARKET SALE AND THE 10
	1021	+	PARTIES, NOT LATER THAN 10 DAYS AFTER THE ENTRY OF THE ORDER , AGREE ON A 11
	1022	+	REAL ESTATE BROKER LICENSE D IN THE STATE TO OFFER THE PR OPERTY FOR SALE , 12
	1023	+	THE COURT SHALL APPO INT THE BROKER AND E STABLISH A REASONABL E 13
	1024	+	COMMISSION. 14
1085	1025
1086		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to
1087		-	apply only prospectively and may not be applied or interpreted to have any effect on or
1088		-	application to any partition action filed before the effective date of this Act. LAWRENCE J. HOGAN, JR., Governor Ch. 402
	1026	+	(2) IF THE PARTIES DO NOT AGREE ON A BROKER , THE COURT SHALL 15
	1027	+	APPOINT A DISINTERES TED REAL ESTATE BROK ER LICENSE D IN THE STATE TO 16
	1028	+	OFFER THE PROPERTY F OR SALE AND SHALL ES TABLISH A REASONABLE 17
	1029	+	COMMISSION. 18
1089	1030
1090		-	– 25 –
	1031	+	(3) A BROKER APPOINTED UND ER THIS SUBSECTION S HALL OFFER 19
	1032	+	THE PROPERTY FOR SAL E IN A COMMERCIALLY REASONABLE MANNER AT A PRICE 20
	1033	+	NOT LOWER THAN THE D ETERMINATION OF VALUE AND ON THE TER MS AND 21
	1034	+	CONDITIONS ESTABLISH ED BY THE COURT . 22
1091	1035
1092		-	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
1093		-	October 1, 2022.
	1036	+	(C) IF THE BROKER APPOINT ED UNDER SUBSECTION (B) OF THIS SECTION 23
	1037	+	OBTAINS WITHIN A REA SONABLE TIME AN OFFE R TO PURCHASE THE PR OPERTY FOR 24
	1038	+	AT LEAST THE DETERMI NATION OF VALUE : 25
1094	1039
1095		-	Approved by the Governor, May 16, 2022.
	1040	+	(1) THE BROK ER SHALL COMPLY WITH THE REPORTING 26
	1041	+	REQUIREMENTS IN § 14–712 OF THIS SUBTITLE ; AND 27
	1042	+
	1043	+	(2) THE SALE MAY BE COMPL ETED IN ACCORDANCE W ITH STATE LAW 28
	1044	+	OTHER THAN THIS SUBT ITLE. 29
	1045	+
	1046	+	(D) IF THE BROKER APPOINT ED UNDER SUBSECTION (B) OF THIS SECTION 30
	1047	+	DOES NOT OBTAIN WITHIN A REASONABLE TIME AN OFFER TO PUR CHASE THE 31
	1048	+	PROPERTY FOR AT LEAS T THE DETERMINATION OF VALUE, THE COURT, AFTER 32
	1049	+	HEARING, MAY: 33 24 SENATE BILL 92
	1050	+
	1051	+
	1052	+
	1053	+	(1) APPROVE THE HIGHEST O UTSTANDING OFFER , IF ANY; 1
	1054	+
	1055	+	(2) REDETERMINE THE VALUE OF THE PROPERTY AND ORDER THAT 2
	1056	+	THE PROPERT Y CONTINUE TO BE OFF ERED FOR AN ADDITION AL TIME; OR 3
	1057	+
	1058	+	(3) ORDER THAT THE PROPER TY BE SOLD BY SEALED BIDS OR AT AN 4
	1059	+	AUCTION. 5
	1060	+
	1061	+	(E) IF THE COURT ORDERS A SALE BY SEALED BIDS OR AN AUCTION , THE 6
	1062	+	COURT SHALL SET TERM S AND CONDITIONS OF THE SALE. 7
	1063	+
	1064	+	(F) IF A PURCHASER IS ENTITLED TO A SHARE OF THE PR OCEEDS OF THE 8
	1065	+	SALE, THE PURCHASER IS ALS O ENTITLED TO A CRED IT AGAINST THE PRICE IN AN 9
	1066	+	AMOUNT EQUAL TO THE PURCHASER ’S SHARE OF THE PROCE EDS. 10
	1067	+
	1068	+	14–712. 11
	1069	+
	1070	+	(A) A BROKER APPOINTED UND ER § 14–711(B) OF THIS SUBTITLE TO OFFER 12
	1071	+	PROPERTY FOR OPEN –MARKET SALE SHALL FI LE A REPORT WITH THE COURT NOT 13
	1072	+	LATER THAN 7 DAYS AFTER RECEIVING AN OFFER TO PURCHASE THE PROPERTY FOR 14
	1073	+	AT LEAST THE VALUE D ETERMINED UNDER § 14–707 OR § 14–711 OF THIS SUBTITLE. 15
	1074	+
	1075	+	(B) A REPORT REQUIRED UNDE R SUBSECTION (A) OF THIS SECTION SHAL L 16
	1076	+	CONTAIN THE FOLLOWIN G INFORMATION : 17
	1077	+
	1078	+	(1) A DESCRIPTION OF THE P ROPERTY TO BE SOLD T O EACH BUYER; 18
	1079	+
	1080	+	(2) THE NAME OF EACH BUYE R; 19
	1081	+
	1082	+	(3) THE PROPOSED PURCHASE PRICE; 20
	1083	+
	1084	+	(4) THE TERMS AND CONDITI ONS OF THE PROPOSED SALE, 21
	1085	+	INCLUDING THE TERMS OF ANY OWNER FINANCI NG; 22
	1086	+
	1087	+	(5) THE AMOUNTS TO BE PAI D TO LIENHOLDERS ; 23
	1088	+
	1089	+	(6) A STATEMENT OF CONTRAC TUAL OR OTHER ARRANG EMENTS OR 24
	1090	+	CONDITIONS OF THE BR OKER’S COMMISSION; AND 25
	1091	+
	1092	+	(7) OTHER MATERIAL FACTS RELEVANT TO THE SALE . 26
	1093	+
	1094	+	14–713. 27
	1095	+	SENATE BILL 92 25
	1096	+
	1097	+
	1098	+	THIS SUBTITLE MODIFIE S, LIMITS, AND SUPERSEDES THE ELECTRONIC 1
	1099	+	SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT, 15 U.S.C. § 7001 ET SEQ., 2
	1100	+	BUT DOES NOT MODIFY , LIMIT, OR SUPERSEDE § 101(C) OF THAT ACT, 15 U.S.C. § 3
	1101	+	7001(C), OR AUTHORIZE ELECTRO NIC DELIVERY OF ANY OF THE NOTICES 4
	1102	+	DESCRIBED IN § 103(B) OF THAT ACT, 15 U.S.C. § 7003(B). 5
	1103	+
	1104	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 6
	1105	+	apply only prospectively and may not be applied or interpreted to have any effect on or 7
	1106	+	application to any partition action filed before the effective date of this Act. 8
	1107	+
	1108	+	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
	1109	+	October 1, 2022. 10
	1110	+
	1111	+
	1112	+
	1113	+
	1114	+	Approved:
	1115	+	________________________________________________________________________________
	1116	+	Governor.
	1117	+	________________________________________________________________________________
	1118	+	President of the Senate.
	1119	+	________________________________________________________________________________
	1120	+	Speaker of the House of Delegates.