Rule 96.12.Court Shall Appoint Commissioners--When.

Rule 96.12 puts the mechanics of a physical land division into the hands of neutral commissioners instead of the parties themselves. Once the court renders a judgment ordering partition in kind, it must appoint three commissioners to carry out that division on the ground.

The rule requires the commissioners to be residents of a county in which some part of the land to be divided lies. This local-residency requirement makes sense: commissioners familiar with the area are better positioned to assess boundaries, access, and relative value when splitting the property into fair shares.

Because commissioners are ordinary people instead of permanent court officers, the rule anticipates that one might die, resign, become unable to serve, or refuse to act outright. In any of those situations, the court may appoint a substitute, so the process does not stall because a single commissioner cannot continue.

Finally, recognizing that dividing land accurately often requires technical measurement, the rule lets the court authorize the commissioners to employ surveyors. That authority connects directly to Rule 96.13, which sets out how commissioners and any surveyors they employ get paid for their work.