Code of Civil Procedure - CCP - CCP § 874.316

Summary

(a) Except as otherwise provided in subdivisions (b) and (c), the court shall determine the fair market value of the property by ordering an appraisal pursuant to subdivision (d). (b) If all cotenants have agreed to the value of the property or to another method of valuation, the

Text

(a)
Except as otherwise provided in subdivisions (b) and (c), the court shall determine the fair market value of the property by ordering an appraisal pursuant to subdivision (d).
(b)
If all cotenants have agreed to the value of the property or to another method of valuation, the court shall adopt that value or the value produced by the agreed method of valuation.
(c)
If the court determines that the
evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market value of the property and send notice to the parties of the value.
(d)
If the court orders an appraisal, the court shall appoint a disinterested real estate appraiser licensed in the State of California to determine the fair market value of the property assuming sole ownership of the fee simple estate. On completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court.
(e)
If an appraisal is conducted pursuant to subdivision (d), not later than 10 days after the appraisal is filed, the court shall
send notice to each party with a known address, stating all of the following:
(1)
The appraised fair market value of the property.
(2)
That the appraisal is available at the court clerk’s office.
(3)
That a party may file with the court an objection to the appraisal not later than 30 days after the notice is sent, stating the grounds for the objection.
(f)
If an appraisal is filed with the court pursuant to subdivision (d), the court shall conduct a hearing to determine the fair market value of the property not sooner than 30 days after a copy of the notice of the appraisal is sent to each party under subdivision (e), whether or not an objection to the appraisal is filed under paragraph (3) of subdivision (e). In addition to the court-ordered appraisal,
the court may consider any other evidence of value offered by a party.
(g)
After a hearing under subdivision (f), but before considering the merits of the partition action, the court shall determine the fair market value of the property and send notice to the parties of the value.

Retrieval chunks

• #1 | Code of Civil Procedure - CCP - CCP § 874.316

  (a) Except as otherwise provided in subdivisions (b) and (c), the court shall determine the fair market value of the property by ordering an appraisal pursuant to subdivision (d). (b) If all cotenants have agreed to the value of the property or to another method of valuation, the court shall adopt that value or the…