The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Jerry. G Jones.
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)