Page 1 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014 ENROLLED
SENATE BILL NO. 39
BY SENATOR MURRAY
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 to 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
was past ownership of the whole by a common ascendant, the court shall allow18
the remaining co-owners to purchase at private sale the petitioners' shares at19
a price determined by a court-appointed appraiser.20
B.(1) Each remaining co-owner shall only be entitled to purchase a portion21
ACT No. 279 SB NO. 39 ENROLLED
Page 2 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
of the property being sold equal to his pro rata share. Each remaining co-owner shall1
have thirty days from the date the last defendant is served with the petition to2
partition or thirty days from receipt of written notice, sent by certified mail or3
commercial courier, from a co-owner waiving his right to purchase, whichever is4
earlier, in which to file a notice to exercise his option to purchase his pro rata share5
of the property being sold. Where past ownership of the property was by a6
common ascendant, each remaining co-owner shall have ninety rather than7
thirty days to file the notice provided by this Paragraph. The filed notice, which8
shall be served on all parties, shall be considered a fully binding contract to purchase9
the property.10
(2) Upon the lapse of the thirtieth day time in which to file the notice11
required in Paragraph (1) of this Subsection, any co-owner who has failed to12
timely exercise his option to purchase the property shall relinquish his right to13
purchase his pro rata share. The relinquishment of the right to purchase shall enure14
to the benefit of the remaining purchasing co-owners, who shall then be entitled to15
purchase, by pro rata share, the shares made available by the co-owner who16
relinquished his right to purchase. Each remaining purchasing co-owner shall have17
an additional ten days from the previous deadline to file his notice to purchase the18
relinquished shares.19
(3) The procedures provided in this Subsection shall continue until there are20
no outstanding forfeited shares; however, the court may use its discretion in rounding21
the shares of the co-owners to the nearest hundredth share.22
(4) The initial calculation of the pro rata share in Subsection B of this Section23
this Subsection shall be based on the percentage of ownership of potential24
purchasing co-owners, excluding the petitioning co-owners. When a potential25
purchasing co-owner relinquishes his right to purchase, the pro rata share shall be26
recalculated to include only the remaining purchasing co-owners, excluding the27
relinquishing co-owners. Once a purchasing co-owner relinquishes his right to28
purchase his pro rata share, he shall not be entitled to file any subsequent notice to29
purchase in the pending action.30 SB NO. 39 ENROLLED
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Section 2. This Act shall become effective upon signature by the governor or, if not1
signed by the governor, upon expiration of the time for bills to become law without signature2
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If3
vetoed by the governor and subsequently approved by the legislature, this Act shall become4
effective on the day following such approval.5
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: