SLS 14RS-95 REENGROSSED
Page 1 of 4
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 REENGROSSED
Page 2 of 4
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 time in which to file the notice15
required in Paragraph (1) of this Subsection, any co-owner who has failed to16
timely exercise his option to purchase the property shall relinquish his right to17
purchase his pro rata share. The relinquishment of the right to purchase shall enure18
to the benefit of the remaining purchasing co-owners, who shall then be entitled to19
purchase, by pro rata share, the shares made available by the co-owner who20
relinquished his right to purchase. Each remaining purchasing co-owner shall have21
an additional ten days from the previous deadline to file his notice to purchase the22
relinquished shares.23
(3) The procedures provided in this Subsection shall continue until there are24
no outstanding forfeited shares; however, the court may use its discretion in rounding25
the shares of the co-owners to the nearest hundredth share.26
(4) The initial calculation of the pro rata share in Subsection B of this Section27
this Subsection shall be based on the percentage of ownership of potential28
purchasing co-owners, excluding the petitioning co-owners. When a potential29 SB NO. 39
SLS 14RS-95 REENGROSSED
Page 3 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
purchasing co-owner relinquishes his right to purchase, the pro rata share shall be1
recalculated to include only the remaining purchasing co-owners, excluding the2
relinquishing co-owners. Once a purchasing co-owner relinquishes his right to3
purchase his pro rata share, he shall not be entitled to file any subsequent notice to4
purchase in the pending action.5
Section 2. This Act shall become effective upon signature by the governor or, if not6
signed by the governor, upon expiration of the time for bills to become law without signature7
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If8
vetoed by the governor and subsequently approved by the legislature, this Act shall become9
effective on the day following such approval.10
The original instrument was prepared by Jerry G. Jones. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Linda Nugent.
DIGEST
Murray (SB 39)
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) SB NO. 39
SLS 14RS-95 REENGROSSED
Page 4 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Clarifies the time limits within which a co-owner has to exercise his option
to purchase the property.