If the court appoints commissioners pursuant to Article 11 (§ 8.01-96 et seq.), each commissioner, in addition to the requirements and disqualifications applicable to commissioners in Article 11, shall be disinterested and impartial and not a party to or participant in the action; however, any counsel for a party may serve as a commissioner unless there is an objection by another party.
§ 8.01-83.3.Commissioners.
Chapter 3. Actions · Article 9. Partition · Last amended 2023 · Last verified July 16, 2026
In one sentenceSection 8.01-83.3 adds partition-specific requirements to any commissioner the court appoints under Article 11, requiring the commissioner to be disinterested, impartial, and not a party or participant, while allowing a party’s own counsel to serve unless another party objects.
Full Text of § 8.01-83.3
Plain-English Summary
This section layers extra requirements onto the general commissioner rules found in Article 11 whenever a court appoints commissioners in a partition action. Beyond whatever qualifications and disqualifications Article 11 already imposes, each commissioner must be disinterested and impartial, and must not be a party to or participant in the action.
The one flexibility the section allows: an attorney representing one of the parties may still serve as commissioner, so long as no other party objects. That lets courts draw on counsel already familiar with the case, while giving every other party a veto if they see a conflict.
Frequently Asked Questions
What extra qualifications does a partition commissioner need beyond the general Article 11 requirements?
The commissioner must be disinterested and impartial, and must not be a party to or participant in the action — requirements added on top of whatever Article 11 already requires.
Can a party’s own attorney serve as commissioner?
Yes, unless another party objects. The section carves out that specific exception to the disinterestedness requirement.
What happens if another party objects to counsel serving as commissioner?
The statute conditions the exception on there being no objection from another party, meaning an objection defeats that attorney’s eligibility to serve.
Where do the baseline requirements and disqualifications for commissioners come from?
Article 11 (§ 8.01-96 et seq.), which sets the general rules for commissioners in judicial sales; this section adds to, rather than replaces, those requirements.
Does this section apply to every commissioner appointed in a civil case?
No. It applies specifically to commissioners appointed in a partition action under this article.
Amendment History
2020, cc. 115, 193; 2023, c. 333.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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