SLS 21RS-169 ENGROSSED
2021 Regular Session
SENATE BILL NO. 19
BY SENATOR MORRIS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
IMMOVABLE PROPERTY. Provides relative to partition of immovable property under
certain circumstances. (8/1/21)
1 AN ACT
2 To amend and reenact R.S. 9:1113(A) and (B)(1), relative to property; to provide relative
3 to partition of immovable property; to provide certain terms, conditions, procedures,
4 and requirements; to remove certain requirements related to ownership of aggregate
5 interests if there was past ownership of the whole by a common ascendant; and to
6 provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 9:1113(A) and (B)(1) are hereby amended and reenacted to read as
9 follows:
10 ยง1113. Partition of immovable property; minority interest; private sale; appraisal
11 A. If immovable property is susceptible to partition by licitation or private
12 sale pursuant to Civil Code Article 811, and a petition to partition the property is
13 filed by a co-owner or co-owners owning either an aggregate interest of fifteen
14 percent or less of the immovable property or an aggregate interest of twenty percent
15 or less of the immovable property if there was past ownership of the whole by a
16 common ascendant, the court shall allow the remaining co-owners to purchase at
17 private sale the petitioners' shares at a price determined by a court-appointed
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 19
SLS 21RS-169 ENGROSSED
1 appraiser.
2 B.(1) Each remaining co-owner shall only be entitled to purchase a portion
3 of the property being sold equal to his pro rata share. Each remaining co-owner shall
4 have thirty days from the date the last defendant is served with the petition to
5 partition or thirty days from receipt of written notice, sent by certified mail or
6 commercial courier, from a co-owner waiving his right to purchase, whichever is
7 earlier, in which to file a notice to exercise his option to purchase his pro rata share
8 of the property being sold. Where past ownership of the property was by a common
9 ascendant, each remaining co-owner shall have ninety rather than thirty days to file
10 the notice provided by this Paragraph. The filed notice, which shall be served on all
11 parties, shall be considered a fully binding contract to purchase the property.
12 * * *
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry G. Jones.
DIGEST
SB 19 Engrossed 2021 Regular Session Morris
Present law provides relative to partition of immovable property by co-owners.
Present law provides that if immovable property is susceptible to partition by licitation or
private sale pursuant to Civil Code Article 811, 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.
Proposed law deletes language regarding aggregate interest of 20% or less of the immovable
property if there was past ownership of the whole by a common ascendant, and retains
remainder of present law.
Present law provides certain procedures and requirements for a co-owner to file a notice to
exercise an option to purchase his pro rata share of the property being sold. Further provides
that where past ownership of the property was by a common ascendant, the co-owner shall
have 90 rather than 30 days to file the notice.
Proposed law deletes language providing 90 day notice where past ownership of the property
was by a common ascendant, and retains remainder of present law.
Effective August 1, 2021.
(Amends R.S. 9:1113(A) and (B)(1))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.