(a) As used in this Code section, the term:
(1) "Party in interest" means any person, other than a petitioner,
having an interest in property.
(2) "Petitioner" means any person petitioning for partition of
(3) "Property" means lands and tenements sought to be partitioned
pursuant to this subpart.
(b) Whenever an application is made for the partition of property
and any of the parties in interest convinces the court that a fair
and equitable division of the property cannot be made by means of
metes and bounds because of improvements made thereon, because the
premises are valuable for mining purposes or for the erection of
mills or other machinery, or because the value of the entire
property will be depreciated by the partition applied for, the court
shall proceed pursuant to this Code section.
(c) The court shall appoint three qualified persons to make
appraisals of the property. The average of the three appraisals
shall constitute the appraised price of the property for purposes of
this Code section. Notice of the amount of the appraised price
shall be served on the petitioners and all parties in interest
within five days after the appraised price is established.
(d) Within 15 days after the appraised price is established, upon
request to the court and grant thereof, any petitioner may withdraw
as petitioner in the partition action and become a party in interest
and any party in interest may become a petitioner in the action.
Any petitioner remaining as such after the fifteenth day may be
paid, pursuant to this Code section, his respective share of the
appraised price corresponding to his respective share of the
property. This payment shall constitute complete satisfaction of
all of that petitioner's claims to and interest in that property.
If no petitioner remains in the partition action after that
fifteenth day, the proceeding shall be dismissed, and the
petitioners who have withdrawn shall be liable for the costs of the
action, including but not limited to the appraisal costs.
(e)(1) No sooner than 16 days and no later than 90 days after the appraised price is established, the parties in interest shall tender to the court sufficient sums to pay to petitioners their shares of the appraised price, as determined by their respective shares in the property, or the property shall be subject to public sale pursuant to Code Section 44-6-167. If the property is subject to such public sale, the petitioner and the parties in interest shall be liable for appraisal costs under this Code section in proportion to their respective interests in the property.
(2) Each party in interest may pay toward the amount required to
purchase any petitioners' shares of the appraised price an amount
in proportion to that party's share of the total shares of
property of all parties in interest, unless one party in interest
authorizes another party in interest to pay some or all of his
proportionate share of the shares available for sale. The share
of each party in interest in the property shall be increased by
the share that party pays toward the purchase of petitioners'
shares in the property.
(f) Within 95 days after the appraised price is established, unless
the property becomes subject to public sale pursuant to paragraph
(1) of subsection (e) of this Code section, the petitioners shall
execute title to the parties in interest for the property in return
for payment to the petitioners, from sums tendered to court under
subsection (e) of this Code section, of their respective shares of
the appraised price. Petitioners and parties in interest shall be
liable for costs of the sale and proceedings relating thereto under
this Code section in proportion to their respective shares in the
property prior to that sale.