ENROLLED
2021 Regular Session
HOUSE RESOLUTION NO. 201
BY REPRESENTATIVE GREGORY MILLER
A RESOLUTION
To direct the Louisiana State Law Institute to study provisions of law on partition of
property owned in indivision and how partition impacts heirs' property in order to
make recommendations regarding the rights and duties required by owners in
indivision of property, and to report the findings to the House of Representatives of
the Louisiana Legislature no later than February 1, 2022.
WHEREAS, partition of property held in indivision may be demanded by any co-
owner pursuant to Louisiana Civil Code Article 807; and
WHEREAS, a great amount of property in Louisiana is owned in indivision by
multiple individuals; and
WHEREAS, of the property in Louisiana that is held in indivision, much of that
property was inherited and is classified as heirs' property under the Uniform Partition of
Heirs' Property Act (UPHPA); and
WHEREAS, the UPHPA provides protections to ensure that holders of heirs'
property are given a right of first refusal prior to a partition by licitation; and
WHEREAS, the UPHPA provides procedural protections to ensure that if partition
occurs, the financial interests of all holders of heirs' property are protected; and
WHEREAS, the 2018 Federal Farm Bill provides preferential treatment to residents
of states that have adopted the UPHPA by awarding billions of dollars in agricultural loans
issued by the United States Department of Agriculture; and
WHEREAS, the 2021 Federal American Rescue Plan provides preferential treatment
to a portion of the $1.9 trillion to residents in states that have adopted the UPHPA; and
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WHEREAS, eighteen states have adopted the UPHPA since 2011 and eight states,
including North Carolina and the District of Columbia, have legislation pending to adopt
UPHPA during this 2021 legislative session; and
WHEREAS, our neighboring and southern states of Alabama, Mississippi, Arkansas,
Georgia, South Carolina, Virginia, Florida, and Texas have adopted the UPHPA.
THEREFORE, BE IT RESOLVED that the House of Representatives of the
Legislature of Louisiana does hereby direct the Louisiana State Law Institute to study
provisions of law in order to make recommendations regarding adoption of the UPHPA, and
to report its findings and recommendations to the Louisiana Legislature no later than
February 1, 2022.
BE IT FURTHER RESOLVED that the House of Representatives of the Legislature
of Louisiana does hereby direct the Louisiana State Law Institute to invite participation from
representatives of the Louisiana Realtors Association, the Louisiana Appleseed Center for
Law and Justice, the Louisiana Land Title Association, the Louisiana Association of
Independent Land Title Agents, the Uniform Law Commission, and the Louisiana Banker's
Association.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
director of the Louisiana State Law Institute.
BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall submit
one print copy and one electronic copy of any report produced pursuant to this Resolution
to the David R. Poynter Legislative Research Library as required by R.S. 24:772.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
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