SLS 12RS-927 ORIGINAL
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Regular Session, 2012
SENATE CONCURRENT RESOLUTI ON NO. 26
BY SENATOR GALLOT
LEGISLATIVE AGENCIES. Requests that the Louisiana State Law Institute study the issue
of "heirship property", relative to promoting merchantability of immovable property
A CONCURRENT RESOLUTI ON1
To urge and request the Louisiana State Law Institute to study the issue of heirship property;2
to request the Louisiana State Law Institute develop recommendations for facilitating3
the ability of family members to receive title to immovable property when successive4
generations of their family have failed to file succession proceedings; and to develop5
recommendations to facilitate more equitable and economically efficient distribution6
of immovable property.7
WHEREAS, a significant percentage of Louisiana families have immovable property8
which has been passed down from generation to generation without the filing of succession9
proceedings; and10
WHEREAS, surviving family members often do not have merchantable title to their11
immovable property because they have not completed the recognized formalities of12
succession procedure; and13
WHEREAS, Louisiana citizens without significant economic means are less likely14
to seek estate planning services or have the funds to complete the successions of their15
deceased relatives which would restore their titles to a merchantable status; and16
WHEREAS, there is a need to review present law to determine whether changes17
should be made to facilitate, encourage, and promote merchantability of immovable property18 SCR NO. 26
SLS 12RS-927 ORIGINAL
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owned after the death of family members; and1
WHEREAS, officials of state, parish, and municipal governments and pro bono2
organizations have expressed an interest in solving these problems; and3
WHEREAS, it is the policy of this legislature to foster free commerce in Louisiana's4
immovable property for all Louisiana citizens.5
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby6
urge and request the Louisiana State Law Institute to study the issue of heirship property7
provisions in current law; to develop recommendations for facilitating the ability of8
Louisiana family members to receive title to immovable property when successive9
generations of their family have failed to file succession proceedings; and to develop10
recommendations to facilitate more equitable and economically efficient distribution of11
immovable property by merchantable titles.12
BE IT FURTHER RESOLVED that the Louisiana State Law Institute report its13
findings and recommendations to the Legislature of Louisiana on or before January 1, 2014.14
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the15
director of the Louisiana State Law Institute.16
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Julie J. Baxter.
DIGEST
Gallot SCR No. 26
Requests the La. State Law Institute to study the issue of heirship property provisions in
current law; to develop recommendations for facilitating the ability of Louisiana family
members to receive title to immovable property when successive generations of their family
have failed to file succession proceedings; and to develop recommendations to facilitate
more equitable and economically efficient distribution of immovable property by
merchantable titles.
Requires report on or before January 1, 2014.