528.700 Citation of law — definitions.

528.700. Citation of law — definitions. — 1. The provisions of sections 528.700 to 528.750 shall be known and may be cited as the "Save the Family Farm Act". 2. For purposes of sections 528.700 to 528.750 , the following terms and phrases shall mean: (1) "Ascendant" , an individual who precedes another individual in lineage, in the direct line of ascent from the other individual; (2) "Collateral" , an individual who is related to another individual under the law of intestate succession of this state but who is not the other individual's ascendant or descendant; (3) "Descendant" , an individual who follows another individual in lineage, in the direct line of descent from the other individual; (4) "Determination of value" , a court order determining the fair market value of heirs' property under section 528.720 or 528.740 or adopting the valuation of the property agreed to by all cotenants; (5) "Heirs' property" , real property held in tenancy in common that satisfies all of the following requirements as of the filing of a partition action: (a) There is no agreement in a record binding all the cotenants that governs the partition of the property; (b) One or more of the cotenants acquired title from a relative, whether living or deceased; and (c) Any of the following applies: a. Twenty percent or more of the interests are held by cotenants who are relatives; b. Twenty percent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or c. Twenty percent or more of the cotenants are relatives; (6) "Partition by sale" , a court-ordered sale of the entire heirs' property, whether by auction, sealed bids, or open-market sale conducted under section 528.740 ; (7) "Partition in kind" , the division of heirs' property into physically distinct and separately titled parcels; (8) "Record" , information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; (9) "Relative" , an ascendant, descendant, or collateral or an individual otherwise related to another individual by blood, marriage, adoption, or law of this state other than the provisions of sections 528.700 to 528.750 . (L. 2019 S.B. 83)