Louisiana 2010 Regular Session

Louisiana House Bill HB24

Introduced
3/29/10  
Refer
3/29/10  
Report Pass
4/19/10  
Engrossed
5/3/10  
Refer
5/4/10  
Report Pass
5/25/10  
Enrolled
6/9/10  
Chaptered
6/17/10  

Caption

Provides relative to the partition of property

Impact

The bill's passage would impact state laws concerning the rights of co-holders of property, particularly in cases involving electric generating facilities. By allowing for extended agreements regarding the partitioning of such properties, it provides legal assurance to investors and stakeholders in the energy industry. This could potentially encourage further investments by mitigating risks related to property division among co-owners. The provision is particularly pertinent in Louisiana, where the energy sector plays a crucial role in the economy and where regulatory clarity is needed to support business operations.

Summary

House Bill 24, introduced by Representative Abramson, is designed to amend and reenact R.S. 9:1702, which pertains to the partitioning of immovable property. The core provision of the bill allows individuals holding property in common to agree not to partition their property for a specified period of time, up to 15 years. However, it introduces a notable exception for electric generating plants or units, which can enter into agreements not to partition for a period extending up to 99 years. This legislation aims to provide clarity and stability for property agreements, particularly in the energy sector where long-term investments are common.

Sentiment

The sentiment surrounding the bill appears to be supportive from industry perspectives that prioritize long-term investments and stability in property agreements. Energy sector stakeholders likely view it as a beneficial move that aligns with their operational needs. However, there are concerns related to the implications of extended agreements on local governance and property rights, particularly from advocates for community control over local resources. This dichotomy presents a mixed sentiment regarding the broader effects of the bill on land use and community autonomy.

Contention

Notable points of contention include the implications of allowing nearly a century-long agreement on property partitioning, especially concerning electric generating plants. Critics may argue that such prolonged agreements could limit future generations' ability to make independent decisions regarding property usage. There could be fears that this could enable monopolistic behaviors in land management and energy generation, therefore overshadowing local interests. Balancing the need for stability in investment with the rights of property owners presents a significant challenge that the bill must navigate.

Companion Bills

No companion bills found.

Previously Filed As

LA HB175

Provides for the partition of property

LA HB521

Provides relative to partitions of property

LA HB1214

Provides relative to the partition of immovable property

LA SB39

Provides relative to partitions of immovable property and minority interests. (gov sig) (EN NO IMPACT GF EX See Note)

LA HB400

Provides relative to the partition of property

LA SB19

Provides relative to partition of immovable property under certain circumstances. (8/1/21)

LA HB594

Provides relative to partitions by private sale

LA SB126

Provides for the definition of realtor in partition of community property. (8/1/24)

LA HB100

Provides relative to partial partition of community property

LA SB92

Real Property - Partition of Property

Similar Bills

No similar bills found.