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40.0408 Sale of real property.

Cite as [A.S.C.A. § 40.0408]

Real estate may be sold only upon an order signed by the Trial Division of the High Court. The Court may not grant an application to sell real estate until all the personal property has been exhausted and the proceeds thereof found insufficient to pay the estate debts. Sales of real property shall be conducted in accordance with the order of the Court, and subject to 37.0201 through 37.0230 regarding the alienation of land.

History: 1962, PL 7-21, amd 1979, PL 16-53 § 27; readopted 1980, PL 16-88 § 1; 1982 PL 17-31 § 1.

Amendments: 1979 Substituted “Trial Division” for “Probate Division”.

Reviser’s Comment: The law dealing with alienation of land contained in the A.S.C.A. as recodified by the Legislative Reference Bureau had been questioned as to whether the requirements of Art. I, § 3 and Art. II, § 9, American Samoa Constitution, had been fulfilled. Since the records were not available to answer the question, the Legislature passed PL 16-88 and PL 17-31 to ensure that the law dealing with alienation of land complies with the Constitution.