Louisiana House Bill HB97

Louisiana 2012 Regular Session

• Introduced: 3/12/12
• Refer: 3/12/12

Caption

Provides relative to the sale of undivided timber interests

Impact

The amendment is expected to have a considerable impact on property law in Louisiana, particularly affecting co-ownership situations where decisions regarding timber and land usage previously required a higher consensus. With the new law, a simple majority will suffice, potentially expediting sales and timber removal processes. This could encourage timber sales by making it easier for new buyers to enter into agreements without the complex negotiations required when working with a larger group of co-owners.

Summary

House Bill 97 aims to amend the existing law concerning the sale of undivided timber interests in Louisiana by lowering the required consent threshold from 80% to 51% of the co-owners or co-heirs. This change would simplify the process for a buyer seeking to remove timber from a property co-owned by multiple parties, making it significantly easier for buyers to gain the necessary permissions for timber removal. The bill modifies R.S. 3:4278.2(B), updating the legislative requirements for consent among co-owners of timberland to facilitate transactions more efficiently and reduce potential land disputes.

Sentiment

The sentiment surrounding the bill appears mixed, with proponents arguing that it will lead to more efficient management and economic utilization of timber resources, while some opponents may express concerns about the rights of minority co-owners. Critics might fear that the easier consent process could override the interests of co-owners unwilling to consent, leading to potential abuses or exploitation in cases where significant ownership stakes are held by a small number of individuals.

Contention

Notably, the amendment could spark contention among co-owners of timberland, as it diminishes the power of minority holders who may feel they are being sidelined by the majority's decisions. The debate could center around balancing the interests of individual co-owners with the need to streamline property transactions in the timber industry. This could lead to discussions about property rights, the ethical implications of consent, and how best to protect the interests of all parties involved in co-ownership scenarios.