In making a partition, the commissioner or commissioners shall view and examine the estate and, on their oaths and having due regard to the improvements, situation, and quality of the different parts, set it apart in lots that will be most advantageous and equitable.
If the commissioner or commissioners set the estate apart in lots, it shall be surveyed and platted in compliance with sections 711.001 to 711.15 of the Revised Code and with rules adopted pursuant to those sections.
Notes of Decisions
Cited in 8
cases (3 in the last 5 years), 1993–2025 · leading case: McGill v. Roush, 621 N.E.2d 865 (Ohio Ct. App. 1993).
McGill v. Roush, 621 N.E.2d 865 (Ohio Ct. App. 1993). · cites it 6דR.C. 5307.06 governs the partitioning duty of commissioners, and reads in part as follows: “In making a partition the commissioners provided for in section 5307.”
Simon v. Underwood, 2017 Ohio 2885 (Ohio Ct. App. 2017). · cites it 6דAfter the Court’s appointment, R.C. 5307.06 states “the -8- commissioner or commissioners shall view and examine the estate and, on their oaths and having due regard to the improvements, situation, and quality of the different parts, set it apart in lots that will be most…”
McCarthy v. Lippitt, 781 N.E.2d 1023 (Ohio Ct. App. 2002). “) R.C. 5307.06. {¶ 27} Appellants argue that the commissioners are not required to appraise the property unless they first decide that it cannot be physically partitioned: {¶ 28} “When the commissioner or commissioners are of opinion that the estate cannot be divided according…”
Wickham v. Wickham, 2015 Ohio 4136 (Ohio Ct. App. 2015). · cites it 2דThe court noted R.C. 5307.06 and R.C. 5703.07 provide for a survey if the commissioners "set the estate apart in lots" or divide any tract when partition of more than one tract is demanded.”
Thrasher v. Watts, 2011 Ohio 2844 (Ohio Ct. App. 2011). “R.C. 5307.06. In doing so, the commissioner is required to view and examine the property.”
Richter v. Richter, 2025 Ohio 880 (Ohio Ct. App. 2025). · cites it 3ד{¶ 4} On June 23, 2022, pursuant to R.C. 5307.06, the trial court appointed Commissioners Morrical, Campbell, and Combs to examine the Property and determine whether it could be equitably divided between Dale and Robert without manifest injury to its value.”
Piros v. Teague, 2023 Ohio 3730 (Ohio Ct. App. 2023). “2010-CA-62, 2011-Ohio-2844, at ¶ 19 , citing R.C. 5307.06. “In doing so, the commissioner is required to view and examine the property.”
Burke v. Ganelli, 2025 Ohio 1447 (Ohio Ct. App. 2025). “R.C. 5307.06. In doing so, the commissioner is required to view, examine, and determine the value of the property.”
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