Service of pleading; notice by publication.

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(A) This article does not limit or affect the method by which service of pleading in a partition action may be made.

(B) If the plaintiff in a partition action seeks notice by publication and the court determines that notice by publication is required and, pursuant to Section 15-61-330, that the property may be heirs' property, the plaintiff, not later than ten days after the determination of the court, shall post and maintain while the action is pending a conspicuous sign on the property that is the subject of the action in addition to compliance with the requirements for notice by publication. The sign must state that the action has commenced and identify the name and address of the court and the common designation by which the property is known. The court may require, through its order, the plaintiff to publish on the sign the name of the plaintiff and the known defendants.

HISTORY: 2016 Act No. 153 (H.3325), Section 1, eff January 1, 2017.

Editor's Note

2016 Act No. 153, Section 6, provides as follows:

"SECTION 6. This act takes effect on January 1, 2017, and applies to partition actions filed on or after that date."


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