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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 242
BY SENATOR MORRELL
SHERIFFS. Provides relative to sheriffs appointing non-licensed appraisers. (8/1/14)
AN ACT1
To amend and reenact R.S. 13:4364(A) and 4365(B), relative to sheriffs; to provide relative2
to sheriffs appointing appraisers in certain cases; to prohibit convicted felons from3
being appointed as appraisers; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 13:4364(A) and 4365(B) are hereby amended and reenacted to read6
as follows:7
§4364. Sheriff to appoint appraiser if party does not appoint; delivery of appraisal8
A. If a party neglects to appoint an appraiser or to notify the sheriff within9
the time designated, the sheriff shall appoint an appraiser for him. The sheriff shall10
not appoint any convicted felon as an appraiser.11
* * *12
§4365. Oaths of appraisers; sheriff appoints third appraiser if two cannot agree;13
minute, written appraisal; delivery14
* * *15
B. If the appraisers cannot agree, and (1) the difference in value between the16
two appraisals does not exceed two hundred and fifty thousand dollars, and (2) the17 SB NO. 242
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
value assigned by the lower of the two appraisers is at least ninety percent of the1
value assigned by the higher of the two appraisers, then the sheriff shall average the2
two figures and use the average as the appraised value for purposes of determining3
the opening bid. In those cases where the two appraisers do not agree and the values4
are not within the averaging limits, then the sheriff shall appoint a third appraiser,5
who shall also be sworn, who shall not be a convicted felon, and whose decision6
shall be final.7
* * *8
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Cathy Wells
DIGEST
Morrell (SB 242)
Present law authorizes sheriffs to appoint an appraiser if a party neglects to appoint an
appraiser, to notify a sheriff within the time designated, or when two appraisers do not agree
and the values are not within the averaging limits.
Present law (R.S. 37:3393(5)) provides that persons are exempt from the real estate appraiser
licensing requirements when engaged by a sheriff to make an appraisal in cases where a
party neglects to appoint an appraiser, to notify a sheriff within the time designated, or when
two appraisers do not agree and the values are not within the averaging limits.
Proposed law retains present law and prohibits a sheriff from appointing a convicted felon
as an appraiser.
Effective August 1, 2014.
(Amends R.S. 13:4364(A) and 4365(B))