Louisiana 2016 Regular Session

Louisiana House Bill HB736

Introduced
3/4/16  
Introduced
3/4/16  
Refer
3/4/16  
Refer
3/14/16  

Caption

Provides relative to modes of acquiring property

Impact

The direct impact of HB 736 lies in its refinement of existing property law in Louisiana. By clearly stating that the transfer of usufruct and naked ownership separately is not prohibited, the legislation aims to provide greater legal certainty and clarity for property owners, especially in matters of estate planning and inheritance. This amendment could facilitate smoother transactions and clearer understandings of property rights during ownership transfers and inheritance processes.

Summary

House Bill 736, introduced by Representative Abramson, aims to clarify the legal framework governing modes of acquiring property, specifically as it relates to the separation of usufruct and naked ownership. The bill amends Civil Code Article 1522 to delineate that dispositions, whether inter vivos (during life) or mortis causa (upon death), which grant usufruct to one individual while assigning naked ownership to another, are permitted under the law. Essentially, the bill seeks to reinforce that such arrangements do not constitute prohibited substitutions.

Sentiment

The sentiment surrounding HB 736 appears to be generally positive among legal professionals and potential property owners. Many stakeholders appreciate the clarification the bill offers to an otherwise ambiguous area of property law. However, there are potential concerns among some legislators regarding the implications of separating usufruct from ownership—specifically around the complexities this might introduce into estate management and the implications for heirs.

Contention

While there were no significant public opposition or contentious debates reported during the discussions of HB 736, the topic does touch on complex issues within property law that could lead to future disputes. Observers noted that although the bill only makes clarifications rather than dramatic changes, any proposal involving property rights can bring forth opinions from various parties, particularly in how such arrangements are structured in practice and how they affect beneficiaries.

Companion Bills

No companion bills found.

Previously Filed As

LA HB1114

Provides relative to successions and donations (EG NO IMPACT See Note)

LA HB269

Provides with respect to successions and donations

LA SB361

Provides for the continuous revision of the Civil Code Articles on usufruct. (gov sig)

LA HB603

Provides relative to the valuation table of mortality (EG NO IMPACT GF RV See Note)

LA HB181

Provides relative to definition of terms in the Civil Code

LA HB125

Provides for the continuous revision of succession law

LA HB1114

Transfers the Shreveport Water Works Museum and the Spring Street Historical Museum from the Department of State to the Department of Culture, Recreation and Tourism

LA HB123

Provides relative to the allocation of receipts and expense to income and principal

LA HB466

Provides for revision of Civil Code articles relative to the rent of lands and annuities

LA SB93

Provides for enforceability of penalty clauses in wills. (8/1/25)

Similar Bills

No similar bills found.