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Regular Session, 2012 ENROLLED
SENATE CONCURRENT RESOLUTI ON NO. 26
BY SENATOR GALLOT
A CONCURRENT RESOLUTI ON
To urge and request the Louisiana State Law Institute to study the issue of heirship property;
to request the Louisiana State Law Institute develop recommendations for facilitating
the ability of 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.
WHEREAS, a significant percentage of Louisiana families have immovable property
which has been passed down from generation to generation without the filing of succession
proceedings; and
WHEREAS, surviving family members often do not have merchantable title to their
immovable property because they have not completed the recognized formalities of
succession procedure; and
WHEREAS, Louisiana citizens without significant economic means are less likely
to seek estate planning services or have the funds to complete the successions of their
deceased relatives which would restore their titles to a merchantable status; and
WHEREAS, there is a need to review present law to determine whether changes
should be made to facilitate, encourage, and promote merchantability of immovable property
owned after the death of family members; and
WHEREAS, officials of state, parish, and municipal governments and pro bono
organizations have expressed an interest in solving these problems; and
WHEREAS, it is the policy of this legislature to foster free commerce in Louisiana's
immovable property for all Louisiana citizens.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
urge and request the Louisiana State Law Institute to study the issue of heirship property SCR NO. 26 ENROLLED
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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.
BE IT FURTHER RESOLVED that the Louisiana State Law Institute report its
findings and recommendations to the Legislature of Louisiana on or before January 1, 2014.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
director of the Louisiana State Law Institute.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES