Could someone living outside a Kentucky county appraise property for a judicial sale there?
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This page answers the general question as of 1996. Ask about yours and see what current Kentucky law means for your facts, with citations you can check.
Plain-English summary
In 1996, Kentucky's Attorney General concluded that two proposed appraisers were not automatically disqualified from McCracken County judicial sales merely because they primarily lived in other counties. KRS 426.520 then called for two “disinterested, intelligent housekeepers of the county” to appraise real property before certain court-ordered sales. The AG read that phrase as guidance for evaluating qualifications, rather than a strict domicile rule.
The opinion left the individual appointments to the master commissioner. Knowledge of the county could come from business activity, real-estate management, or actual residence, but the commissioner still had to decide whether each person's aptitude and familiarity were sufficient to appraise local property.
Currency note
This opinion was issued in 1996. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Historical summary
Master commissioners
The AG said the statute's phrase did not supply an objective residence test. The commissioner could consider a proposed appraiser's general aptitude and knowledge of the county, including knowledge gained through local business or property management. The opinion did not find the two named candidates qualified; it returned that judgment to the commissioner.
Prospective appraisers and property owners
One candidate primarily lived in Marshall County but operated a realty business there and sometimes stayed overnight. The other primarily lived in Graves County, owned rentals in McCracken County, and sometimes stayed in an apartment there. The AG said the location of their sleeping quarters alone did not settle eligibility. The statutory need for disinterested appraisers remained part of the quoted rule.
Common questions
Did the appraiser have to be domiciled in the county?
The AG said no strict domicile rule followed from the phrase “housekeepers of the county.” It read the phrase as a qualification judgment.
Did owning property or doing business in the county automatically qualify someone?
No. Those activities could inform knowledge of the county, but the master commissioner had to assess aptitude and familiarity with local property.
Did the opinion appoint either of the two proposed appraisers?
No. It said they need not be disqualified because of where they slept, and left their actual qualifications to the master commissioner.
Background and statutory framework
A master commissioner asked about two potential appraisers who primarily lived outside McCracken County. The AG interpreted KRS 426.520's phrase “intelligent housekeepers of the county” in light of its purpose. It found no case directly deciding the residency question and rejected a rigid domicile test that could exclude knowledgeable appraisers while admitting residents unfamiliar with the local real-estate market.
Citations and references
- KRS 426.520: appraisers for certain judicial sales.
- Moore v Brookins, 291 Ky 533, 165 SW 2d 30, 32 (1942): earlier interpretation of who may be a housekeeper.
- Department of Revenue v McIlvain, 302 Ky 558, 195 SW 2d 63, 64 (1946): statutory language and legislative intent.
Source
Original opinion text
OAG 96 - 31
July 22, 1996
Subject: Whether nonresident of county can serve as appraiser for judicial sales
Requested by: Bill Flynn, Master Commissioner, McCracken Circuit Court
Written by: Ross T. Carter
Syllabus: The phrase “intelligent housekeeper of the county” requires a subjective evaluation of an appraiser's qualifications rather than a strict application of rules of domicile
Statutes construed: KRS 426.520
OPINION OF THE ATTORNEY GENERAL
The question is whether a nonresident of a county may serve as an appraiser for judicial sales in the county.
The governing statute is KRS 426.520. The applicable sentence says:
Before any real property is to be sold under an order or judgment of a court, other than an execution, the commissioner or other officer selling the property shall have it appraised, under oath, by two (2) disinterested, intelligent housekeepers of the county.
The facts disclosed to us indicate that two specific individuals desire appointment as judicial appraisers in McCracken County. One person lives primarily in Marshall County; maintains a realty business there with some living accommodations; stays overnight at the business from time to time; and receives both personal and business mail at the business address. The other person lives primarily in Graves County; owns much rental property in McCracken County; has an apartment in McCracken County in one of the rental buildings; and stays overnight in the apartment from time to time.
There are no guiding cases on point. The only case construing the sentence in question is Moore v Brookins, 291 Ky 533, 165 SW 2d 30, 32 (1942), which says, “A woman may be a housekeeper as well as her husband and is qualified to act as appraiser.” Beyond that self-evident statement there is no judicial history to guide us.
It is routinely said that the fundamental rule of statutory construction is to give effect to the legislative intent. Newberg v Thomas Industries, Ky App, 852 SW 2d 339, 340 (1993). That intent is determined according to the language used in the statute. Department of Revenue v McIlvain, 302 Ky 558, 195 SW 2d 63, 64 (1946). The language used in the phrase “intelligent housekeepers of the county” is not specific; on the contrary it is subject to widely varying interpretations. “Intelligent” cannot under any circumstances yield a precise, objective meaning; whether one is deemed intelligent depends on the attitude of the observer. It would be a frivolity to attempt an objective application of the statute by dividing citizens into two classes, the intelligent and the unintelligent, with only the former being eligible to appraise property for judicial sales.
Our examination of the language used in the statute compels us to conclude that the legislature did not intend the phrase “intelligent housekeepers of the county” to carry a precise, objective meaning. One may easily speculate that the master commissioner could readily find persons of notable intelligence who keep house within the county and yet who are utterly ignorant of the real estate market. We believe that the statutory language is intended to provide subjective guidance to the master commissioner in selecting persons to serve as appraisers. If the master commissioner believes that a person's general aptitude and knowledge of the county, whether derived through business activities, real estate management, or actual residency, qualifies the person to appraise real property then the person is an “intelligent housekeeper of the county” within the meaning of the statute.
Applying this construction to the facts presented, we can say that the individuals described to us need not be disqualified because of the location of their sleeping quarters. Whether they possess sufficient aptitude and familiarity with the county to appraise real property must be determined by the master commissioner.
A. B. Chandler III
Attorney General
Ross T. Carter
Assistant Attorney General
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