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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. 39
BY SENATOR MURRAY
CIVIL PROCEDURE. Provides relative to partitions of immovable property and minority
interests. (gov sig)
AN ACT1
To amend and reenact R.S. 9:1113, relative to partition of immovable property; to provide2
relative to minority interests; to provide relative to private sales; to provide certain3
terms, conditions, and procedures; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 9:1113 is hereby amended and reenacted to read as follows: 6
ยง1113. Partition of immovable property; minority interest; private sale; appraisal7
A. If immovable property is susceptible of partition by licitation or private8
sale pursuant to Civil Code Article 811 and a co-owner or co-owners owning an9
aggregate interest of fifteen percent or less of the immovable property petition the10
court to partition the property, the court shall allow the remaining co-owners to11
purchase at private sale the petitioners' shares at a price determined by a court-12
appointed appraiser. If immovable property is susceptible of partition by13
licitation or private sale pursuant to Civil Code Article 811, and a petition to14
partition the property is filed by a co-owner or co-owners owning either an15
aggregate interest of fifteen percent or less of the immovable property or an16
aggregate interest of twenty percent or less of the immovable property if there17 SB NO. 39
SLS 14RS-95 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
was past ownership of the whole by a common ascendant, the court shall allow1
the remaining co-owners to purchase at private sale the petitioners' shares at2
a price determined by a court-appointed appraiser.3
B.(1) Each remaining co-owner shall only be entitled to purchase a portion4
of the property being sold equal to his pro rata share. Each remaining co-owner shall5
have thirty days from the date the last defendant is served with the petition to6
partition or thirty days from receipt of written notice, sent by certified mail or7
commercial courier, from a co-owner waiving his right to purchase, whichever is8
earlier, in which to file a notice to exercise his option to purchase his pro rata share9
of the property being sold. Where past ownership of the property was by a10
common ascendant, each remaining co-owner shall have ninety rather than11
thirty days to file the notice provided by this Paragraph. The filed notice, which12
shall be served on all parties, shall be considered a fully binding contract to purchase13
the property.14
(2) Upon the lapse of the thirtieth day, any co-owner who has failed to timely15
exercise his option to purchase the property shall relinquish his right to purchase his16
pro rata share. The relinquishment of the right to purchase shall enure to the benefit17
of the remaining purchasing co-owners, who shall then be entitled to purchase, by18
pro rata share, the shares made available by the co-owner who relinquished his right19
to purchase. Each remaining purchasing co-owner shall have an additional ten days20
from the previous deadline to file his notice to purchase the relinquished shares.21
(3) The procedures provided in this Subsection shall continue until there are22
no outstanding forfeited shares; however, the court may use its discretion in rounding23
the shares of the co-owners to the nearest hundredth share.24
(4) The initial calculation of the pro rata share in Subsection B of this Section25
shall be based on the percentage of ownership of potential purchasing co-owners,26
excluding the petitioning co-owners. When a potential purchasing co-owner27
relinquishes his right to purchase, the pro rata share shall be recalculated to include28
only the remaining purchasing co-owners, excluding the relinquishing co-owners.29 SB NO. 39
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Once a purchasing co-owner relinquishes his right to purchase his pro rata share, he1
shall not be entitled to file any subsequent notice to purchase in the pending action.2
Section 2. This Act shall become effective upon signature by the governor or, if not3
signed by the governor, upon expiration of the time for bills to become law without signature4
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If5
vetoed by the governor and subsequently approved by the legislature, this Act shall become6
effective on the day following such approval.7
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry. G Jones.
DIGEST
Present law relative to partition of immovable property provides that if immovable property
is susceptible of partition by licitation or private sale and a co-owner or co-owners owning
an aggregate interest of 15% or less of the immovable property petition the court to partition
the property, the court shall allow the remaining co-owners to purchase at private sale the
petitioners' shares at a price determined by a court-appointed appraiser.
Proposed law provides that if immovable property is susceptible of partition by licitation or
private sale, and a petition to partition the property is filed by a co-owner or co-owners
owning either an aggregate interest of 15% or less of the immovable property or an
aggregate interest of 20% or less of the immovable property if there was past ownership of
the whole by a common ascendant, the court shall allow the remaining co-owners to
purchase at private sale the petitioners' shares at a price determined by a court-appointed
appraiser.
Present law provides that each remaining co-owner shall only be entitled to purchase a
portion of the property being sold equal to his pro rata share. Each remaining co-owner shall
have 30 days from the date the last defendant is served with the petition to partition or 30
days from receipt of written notice, sent by certified mail or commercial courier, from a co-
owner waiving his right to purchase, whichever is earlier, in which to file a notice to exercise
his option to purchase his pro rata share of the property being sold. Proposed law adds that
where past ownership of the property was by a common ascendant, each remaining co-owner
shall have 90 rather than 30 days to file such notice.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 9:1113)