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Senate Bill 890 Printer's Number 1018

PENNSYLVANIA, June 27 - (a) Partition in kind.--If all the interests of all

cotenants that requested partition by sale are not purchased by

other cotenants under section 21A27 (relating to cotenant

buyout) or if, after conclusion of the buyout under section

21A27, a cotenant remains that has requested partition in kind,

the court shall order partition in kind unless the court, after

consideration of the factors listed in section 21A29 (relating

to considerations for partition in kind), finds that partition

in kind will result in great prejudice to the cotenants as a

group. In considering whether to order partition in kind, the

court shall approve a request by two or more parties to have

their individual interests aggregated.

(b) Partition by sale or dismissal of action.--If the court

does not order partition in kind under subsection (a), the court

shall order partition by sale under section 21A30 (relating to

open-market sale, sealed bids or auction) or, if no cotenant

requested partition by sale, the court shall dismiss the action.

(c) Payments.--If the court orders partition in kind under

subsection (a), the court may require that one or more cotenants

pay one or more other cotenants amounts so that the payments,

taken together with the value of the in-kind distributions to

the cotenants, will make the partition in kind just and

proportionate in value to the fractional interests held.

(d) Allocation of interests among unknown, unlocatable or

defaulting cotenants.--If the court orders partition in kind,

the court shall allocate to the cotenants that are unknown,

unlocatable or the subject of a default judgment, if their

interests were not bought out under section 21A27, a part of the

property representing the combined interests of these cotenants

as determined by the court and this part of the property shall

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