SECTIONS 873.010-873.080 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 873.010-873.080

873.010. (a) The court shall appoint a referee to divide or sell
the property as ordered by the court.
(b) The court may:
(1) Determine whether a referee's bond is necessary and fix the
amount of the bond.
(2) Instruct the referee.
(3) Fix the reasonable compensation for the services of the
referee and provide for payment of the referee's reasonable expenses.
(4) Provide for the date of commencement of the lien of the
referee allowed by law.
(5) Require the filing of interim or final accounts of the
referee, settle the accounts of the referee, and discharge the
referee.
(6) Remove the referee.
(7) Appoint a new referee.

873.020. The court in its discretion may appoint a referee for sale
and a referee for division, or may appoint a single referee for
both.

873.030. (a) The court may, with the consent of the parties,
appoint three referees to divide or sell the property as ordered by
the court.
(b) The three referees so appointed shall have all the powers and
may perform all the duties required of one referee.

873.040. (a) The court shall appoint as referee under this title
any person or persons to whose appointment all parties have
consented.
(b) In the case of a minor party or a party for whom a conservator
of the estate has been appointed, the guardian or conservator of the
estate of the party may so consent.

873.050. None of the following persons shall be appointed a referee
under this title:
(a) A clerk or deputy clerk of the court.
(b) A former or present partner or employee of the judge.
(c) A relative within the third degree of the judge or the judge's
spouse or the spouse of such a relative.
(d) An owner of any interest in the property that is the subject
of the action.

873.060. The referee may perform any acts necessary to exercise the
authority conferred by this title or by order of the court.

873.070. The referee or any party may, on noticed motion, petition
the court for instructions concerning the referee's duties under this
title.

873.080. (a) In selling or dividing the property, the referee may,
if it will be for the advantage of those interested, designate a
portion of the property as a public or private way, road, or street.
In connection therewith, the referee may also recommend the closure
of any or all other roads on the property and allocation of the
portion of the property occupied by such roads to the parties.
(b) Upon making such a designation and recommendation that is
adequate to accommodate public and private needs, the referee shall
report that fact to the court.
(c) Upon confirmation of the referee's report by the court,
subject to any necessary action by the appropriate public entities:
(1) The portion of the property designated as a public way, road,
or street shall not be allocated to any of the parties or sold but
shall be an open and public way, road, or street.
(2) The property designated as a private way, road, or street
shall be a private way for the use of the parties interested.
(3) The roads recommended to be closed shall be deemed abandoned
upon the terms stated in the order of confirmation.