HLS 21RS-2150 ENGROSSED
2021 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 86
BY REPRESENTATIVE GREGORY MILLER
PROPERTY/IMMOVABLE: Directs the La. State Law Institute to study the adoption of
the Uniform Partition of Heirs' Property Act
1 A CONCURRENT RESOL UTION
2To direct the Louisiana State Law Institute to study provisions of law on partition of
3 property owned in indivision and how partition impacts heirs' property in order to
4 make recommendations regarding the rights and duties required by owners in
5 indivision of property, and to report the findings to the Louisiana Legislature no later
6 than February 1, 2022.
7 WHEREAS, partition of property held in indivision may be demanded by any co-
8owner pursuant to Louisiana Civil Code Article 807; and
9 WHEREAS, a great amount of property in Louisiana is owned in indivision by
10multiple individuals; and
11 WHEREAS, of the property in Louisiana that is held in indivision, much of that
12property was inherited and is classified as heirs' property under the Uniform Partition of
13Heirs' Property Act (UPHPA); and
14 WHEREAS, the UPHPA provides protections to ensure that holders of heirs'
15property are given a right of first refusal prior to a partition by licitation; and
16 WHEREAS, the UPHPA provides procedural protections to ensure that if partition
17occurs the financial interests of all holders of heirs' property are protected; and
18 WHEREAS, the 2018 Federal Farm Bill provides preferential treatment to residents
19of states that have adopted the UPHPA by awarding billions of dollars in agricultural loans
20issued by the United States Department of Agriculture; and
Page 1 of 2 HLS 21RS-2150 ENGROSSED
HCR NO. 86
1 WHEREAS, the 2021 Federal American Rescue Plan provides preferential treatment
2to a portion of the $1.9 trillion to residents in states that have adopted the UPHPA; and
3 WHEREAS, eighteen states have adopted the UPHPA since 2011 and seven states,
4including North Carolina and the District of Colombia, have legislation pending to adopt
5UPHPA during this 2021 legislative session; and
6 WHEREAS, our neighboring and southern states of Alabama, Mississippi, Arkansas,
7Georgia, South Carolina, Virginia, Florida, and Texas have adopted the UPHPA.
8 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
9direct the Louisiana State Law Institute to study provisions of law in order to make
10recommendations regarding adoption of the UPHPA, and to report its findings and
11recommendations to the Louisiana Legislature no later than February 1, 2022.
12 BE IT FURTHER RESOLVED that the Legislature of Louisiana does hereby direct
13the Louisiana State Law Institute to invite participation from representatives of the Louisiana
14Realtors Association, the Louisiana Appleseed Center for Law and Justice, the Louisiana
15Land Title Association, the Louisiana Association of Independent Land Title Agents, the
16Uniform Law Commission, and the Louisiana Banker's Association.
17 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
18director of the Louisiana State Law Institute.
19 BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall submit
20one print copy and one electronic copy of any report produced pursuant to this Resolution
21to the David R. Poynter Legislative Research Library as required by R.S. 24:772.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HCR 86 Engrossed 2021 Regular Session Gregory Miller
Directs the La. State Law Institute to study the adoption of the Uniform Partition of Heirs'
Property Act and report its findings and recommendations to the Louisiana Legislature no
later than Feb. 1, 2022.
Page 2 of 2