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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- S 0726 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC002342 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO PROPERTY -- PARTITION |
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| 16 | 16 | | Introduced By: Senators McKenney, Burke, Appollonio, and Euer |
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| 17 | 17 | | Date Introduced: March 07, 2025 |
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| 18 | 18 | | Referred To: Senate Judiciary |
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| 19 | 19 | | |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Sections 34-15-1, 34-15-7 and 34-15-16 of the General Laws in Chapter 34-1 |
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| 23 | 23 | | 15 entitled "Partition" are hereby amended to read as follows: 2 |
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| 24 | 24 | | 34-15-1. Cotenants of estates of inheritance. 3 |
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| 25 | 25 | | (a) All joint tenants, coparceners, and tenants in common, who now are or hereafter may 4 |
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| 26 | 26 | | be actually seised seized or possessed of any estate of inheritance in any lands, tenements or 5 |
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| 27 | 27 | | hereditaments, whether in their own right or as receiver appointed by any state or federal court, or 6 |
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| 28 | 28 | | as trustee in bankruptcy, may be compelled to make partition between them of those lands, 7 |
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| 29 | 29 | | tenements, and hereditaments by civil action. 8 |
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| 30 | 30 | | (b) In an action for partition of real estate, the court shall make a determination if the parcel 9 |
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| 31 | 31 | | of real property is heirs property, as defined in § 34-3-4. If the court determines that the real 10 |
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| 32 | 32 | | property is heirs property, then the court shall proceed in accordance with §§ 34-15-7 and 34-15-11 |
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| 33 | 33 | | 16. 12 |
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| 34 | 34 | | 34-15-7. Notice to absent or unknown parties. 13 |
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| 35 | 35 | | (a) In actions for partition of real estate, in which it may be alleged or may appear that any 14 |
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| 36 | 36 | | party or person interested therein, not a party plaintiff, is not a resident of the state, or where it is 15 |
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| 37 | 37 | | alleged or may appear that any person interested has left the state and it is not known where that 16 |
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| 38 | 38 | | person is or whether alive or dead, and, if dead, whether that person has left children, or whether 17 |
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| 39 | 39 | | some person unknown to the plaintiff is interested therein, the court before whom the action is 18 |
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| 40 | 40 | | pending may order notice to be given to any such party or person, by ordering a copy of its order 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC002342 - Page 2 of 9 |
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| 44 | 44 | | to be published in some newspaper published in this state for such length of time as it may deem 1 |
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| 45 | 45 | | proper, and may also, in its discretion, order letters, postpaid and directed to the party or person, to 2 |
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| 46 | 46 | | be deposited in the post office; and where notice is given as ordered by the court, it may proceed 3 |
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| 47 | 47 | | and render judgment in the action in the same manner and with the same effect as if the party or 4 |
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| 48 | 48 | | person had received actual or personal notice or had appeared and answered to the action. 5 |
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| 49 | 49 | | (b) In actions for partition of real estate where a court has made the determination that the 6 |
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| 50 | 50 | | real property in question is heirs property, and the plaintiff seeks notice by publication, then the 7 |
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| 51 | 51 | | plaintiff, not later than ten (10) days after the court’s determination, shall post and maintain while 8 |
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| 52 | 52 | | the action is pending a conspicuous sign on the property that is the subject of the action. The sign 9 |
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| 53 | 53 | | shall state that the action has commenced and identify the name and address of the court and the 10 |
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| 54 | 54 | | common designation by which the property is known. The court may require the plaintiff to publish 11 |
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| 55 | 55 | | on the sign the name of the plaintiff and the known defendants. 12 |
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| 56 | 56 | | 34-15-16. Order of sale. 13 |
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| 57 | 57 | | (a) In an action for partition for real property that is not considered heirs property, the 14 |
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| 58 | 58 | | superior court may, in its discretion, upon motion of any party to the action, order the whole 15 |
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| 59 | 59 | | premises sought to be divided, or any particular lot, portion, or tract thereof or the interest of the 16 |
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| 60 | 60 | | plaintiff or plaintiffs or of the defendant or defendants in the whole premises, or in any particular 17 |
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| 61 | 61 | | lot, portion, or tract thereof, to be sold, either at public auction or by private contract, under the 18 |
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| 62 | 62 | | direction of the court, by the commissioner or commissioners appointed to divide or sell the same; 19 |
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| 63 | 63 | | provided, that if the sale is made by private contract, it shall not be made for less than the sum fixed 20 |
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| 64 | 64 | | by the court in its decree authorizing the sale by private contract. 21 |
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| 65 | 65 | | (b) In an action to partition real property where the court has determined that the property 22 |
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| 66 | 66 | | is heirs property, the court shall proceed in accordance with the provisions of this section. 23 |
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| 67 | 67 | | (1) Except as otherwise provided in subsections (b)(2) and (b)(3) of this section, if the court 24 |
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| 68 | 68 | | determines that the property that is the subject of a partition action is heirs property, the court shall 25 |
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| 69 | 69 | | determine the fair market value of the property by ordering an appraisal pursuant to subsection 26 |
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| 70 | 70 | | (b)(4) of this section. 27 |
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| 71 | 71 | | (2) If all cotenants have agreed to the value of the property or to another method of 28 |
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| 72 | 72 | | valuation, the court shall adopt that value or the value produced by the agreed method of valuation. 29 |
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| 73 | 73 | | (3) If the court determines that the evidentiary value of an appraisal is outweighed by the 30 |
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| 74 | 74 | | cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market value 31 |
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| 75 | 75 | | of the property and send notice to the parties of the value. 32 |
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| 76 | 76 | | (4) If the court orders an appraisal, the court shall appoint a disinterested real estate 33 |
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| 77 | 77 | | appraiser licensed in this state to determine the fair market value of the property assuming sole 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC002342 - Page 3 of 9 |
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| 81 | 81 | | ownership of the fee simple estate. On completion of the appraisal, the appraiser shall file a sworn 1 |
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| 82 | 82 | | or verified appraisal with the court. 2 |
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| 83 | 83 | | (5) If an appraisal is conducted pursuant to subsection (b)(4) of this section, not later than 3 |
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| 84 | 84 | | ten (10) days after the appraisal is filed, the court shall send notice to each party with a known 4 |
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| 85 | 85 | | address, stating: 5 |
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| 86 | 86 | | (i) The appraised fair market value of the property; 6 |
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| 87 | 87 | | (ii) That the appraisal is available at the clerk’s office; and 7 |
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| 88 | 88 | | (iii) That a party may file with the court an objection to the appraisal not later than thirty 8 |
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| 89 | 89 | | (30) days after the notice is sent, stating the grounds for the objection. 9 |
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| 90 | 90 | | (6) If an appraisal is filed with the court pursuant to subsection (b)(4) of this section, the 10 |
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| 91 | 91 | | court shall conduct a hearing to determine the fair market value of the property not sooner than 11 |
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| 92 | 92 | | thirty (30) days after a copy of the notice of the appraisal is sent to each party under subsection 12 |
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| 93 | 93 | | (b)(5) of this section, whether or not an objection to the appraisal is filed under subsection (b)(5)(iii) 13 |
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| 94 | 94 | | of this section. In addition to the court-ordered appraisal, the court may consider any other evidence 14 |
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| 95 | 95 | | of value offered by a party. 15 |
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| 96 | 96 | | (7) After a hearing under subsection (b)(6) of this section, but before considering the merits 16 |
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| 97 | 97 | | of the partition action, the court shall determine the fair market value of the property and send 17 |
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| 98 | 98 | | notice to the parties of the value. 18 |
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| 99 | 99 | | (c) If any cotenant requested partition by sale, after the determination of value under 19 |
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| 100 | 100 | | subsection (b) of this section, the court shall send notice to the parties that any cotenant except a 20 |
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| 101 | 101 | | cotenant that requested partition by sale may buy all the interests of the cotenants that requested 21 |
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| 102 | 102 | | partition by sale. 22 |
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| 103 | 103 | | (1) Not later than forty-five (45) days after the notice is sent under this section, any 23 |
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| 104 | 104 | | cotenant, except a cotenant that requested partition by sale, may give notice to the court that it elects 24 |
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| 105 | 105 | | to buy all the interests of the cotenants that requested partition by sale. 25 |
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| 106 | 106 | | (2) The purchase price for each of the interests of a cotenant that requested partition by sale 26 |
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| 107 | 107 | | is the value of the entire parcel determined under subsection (b) of this section, multiplied by the 27 |
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| 108 | 108 | | cotenant’s fractional ownership of the entire parcel. 28 |
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| 109 | 109 | | (3) After expiration of the period in subsection (c)(1) of this section, the following rules 29 |
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| 110 | 110 | | apply: 30 |
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| 111 | 111 | | (i) If only one cotenant elects to buy all the interests of the cotenants that requested partition 31 |
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| 112 | 112 | | by sale, the court shall notify all the parties of that fact. 32 |
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| 113 | 113 | | (ii) If more than one cotenant elects to buy all the interests of the cotenants that requested 33 |
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| 114 | 114 | | partition by sale, the court shall allocate the right to buy those interests among the electing cotenants 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC002342 - Page 4 of 9 |
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| 118 | 118 | | based on each electing cotenant’s existing fractional ownership of the entire parcel divided by the 1 |
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| 119 | 119 | | total existing fractional ownership of all cotenants electing to buy and send notice to all the parties 2 |
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| 120 | 120 | | of that fact and of the price to be paid by each electing cotenant. 3 |
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| 121 | 121 | | (iii) If no cotenant elects to buy all the interests of the cotenants that requested partition by 4 |
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| 122 | 122 | | sale, the court shall send notice to all the parties of that fact and resolve the partition action under 5 |
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| 123 | 123 | | subsection (d) of this section. 6 |
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| 124 | 124 | | (4) If the court sends notice to the parties under subsections (c)(3)(i) or (c)(3)(ii) of this 7 |
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| 125 | 125 | | section, the court shall set a date, not sooner than sixty (60) days after the date the notice was sent, 8 |
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| 126 | 126 | | by which electing cotenants shall pay their apportioned price into the court. After this date, the 9 |
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| 127 | 127 | | following rules apply: 10 |
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| 128 | 128 | | (i) If all electing cotenants timely pay their apportioned price into court, the court shall 11 |
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| 129 | 129 | | issue an order reallocating all the interests of the cotenants and disburse the amounts held by the 12 |
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| 130 | 130 | | court to the persons entitled to them. 13 |
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| 131 | 131 | | (ii) If no electing cotenant timely pays its apportioned price, the court shall resolve the 14 |
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| 132 | 132 | | partition action under subsection (d) of this section, as if the interests of the cotenants that requested 15 |
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| 133 | 133 | | partition by sale were not purchased. 16 |
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| 134 | 134 | | (iii) If one or more but not all of the electing cotenants fail to pay their apportioned price 17 |
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| 135 | 135 | | on time, the court shall give notice to the electing cotenants that paid their apportioned price of the 18 |
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| 136 | 136 | | interest remaining and the price for all that interest. 19 |
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| 137 | 137 | | (5) Not later than twenty (20) days after the court gives notice pursuant to subsection 20 |
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| 138 | 138 | | (c)(4)(iii) of this section, any cotenant that paid may elect to purchase all of the remaining interest 21 |
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| 139 | 139 | | by paying the entire price into the court. After the twenty (20) day period, the following rules apply: 22 |
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| 140 | 140 | | (i) If only one cotenant pays the entire price for the remaining interest, the court shall issue 23 |
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| 141 | 141 | | an order reallocating the remaining interest to that cotenant. The court shall issue promptly an order 24 |
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| 142 | 142 | | reallocating the interests of all of the cotenants and disburse the amounts held by it to the persons 25 |
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| 143 | 143 | | entitled to them. 26 |
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| 144 | 144 | | (ii) If no cotenant pays the entire price for the remaining interest, the court shall resolve 27 |
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| 145 | 145 | | the partition action under subsection (d) of this section, as if the interests of the cotenants that 28 |
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| 146 | 146 | | requested partition by sale were not purchased. 29 |
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| 147 | 147 | | (iii) If more than one cotenant pays the entire price for the remaining interest, the court 30 |
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| 148 | 148 | | shall reapportion the remaining interest among those paying cotenants, based on each paying 31 |
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| 149 | 149 | | cotenant’s original fractional ownership of the entire parcel divided by the total original fractional 32 |
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| 150 | 150 | | ownership of all cotenants that paid the entire price for the remaining interest. The court shall issue 33 |
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| 151 | 151 | | promptly an order reallocating all of the cotenants’ interests, disburse the amounts held by it to the 34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LC002342 - Page 5 of 9 |
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| 155 | 155 | | persons entitled to them, and promptly refund any excess payment held by the court. 1 |
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| 156 | 156 | | (6) Not later than forty-five (45) days after the court sends notice to the parties pursuant to 2 |
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| 157 | 157 | | this section, any cotenant entitled to buy an interest under this section may request the court to 3 |
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| 158 | 158 | | authorize the sale as part of the pending action of the interests of cotenants named as defendants 4 |
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| 159 | 159 | | and served with the complaint but that did not appear in the action. 5 |
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| 160 | 160 | | (7) If the court receives a timely request under subsection (c)(6) of this section, the court, 6 |
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| 161 | 161 | | after hearing, may deny the request or authorize the requested additional sale on such terms as the 7 |
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| 162 | 162 | | court determines are fair and reasonable, subject to the following limitations: 8 |
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| 163 | 163 | | (i) A sale authorized under this section may occur only after the purchase prices for all 9 |
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| 164 | 164 | | interests subject to sale under subsections (c)(1) through (c)(5) of this section have been paid into 10 |
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| 165 | 165 | | court and those interests have been reallocated among the cotenants as provided in those 11 |
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| 166 | 166 | | subsections; and 12 |
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| 167 | 167 | | (ii) The purchase price for the interest of a non-appearing cotenant is based on the court’s 13 |
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| 168 | 168 | | determination of value under subsection (b) of this section. 14 |
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| 169 | 169 | | (d) In an action to partition real property where the court has determined that the property 15 |
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| 170 | 170 | | is heirs property and in an action where all the interests of all cotenants that requested partition by 16 |
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| 171 | 171 | | sale are not purchased by other cotenants pursuant to subsection (c) of this section, or if after 17 |
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| 172 | 172 | | conclusion of the buyout under subsection (c) of this section, a cotenant remains that has requested 18 |
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| 173 | 173 | | partition in kind, the court shall order partition in kind unless the court, after consideration of the 19 |
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| 174 | 174 | | factors listed in subsection (e) of this section, finds that partition in kind will result in manifest 20 |
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| 175 | 175 | | prejudice to the cotenants as a group. In considering whether to order partition in kind, the court 21 |
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| 176 | 176 | | shall approve a request by two (2) or more parties to have their individual interests aggregated. If 22 |
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| 177 | 177 | | the court does not order partition in kind under this section, the court shall order partition by sale 23 |
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| 178 | 178 | | pursuant to subsection (f) of this section, or, if no cotenant requested partition by sale, the court 24 |
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| 179 | 179 | | shall dismiss the action. If the court orders partition in kind pursuant to this section, the court may 25 |
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| 180 | 180 | | require that one or more cotenants pay one or more other cotenants amounts so that the payments, 26 |
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| 181 | 181 | | taken together with the value of the in-kind distributions to the cotenants, will make the partition 27 |
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| 182 | 182 | | in kind just and proportionate in value to the fractional interests held. If the court orders partition 28 |
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| 183 | 183 | | in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a 29 |
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| 184 | 184 | | default judgment, if their interests were not bought out pursuant to subsection (c) of this section, a 30 |
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| 185 | 185 | | part of the property representing the combined interests of these cotenants as determined by the 31 |
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| 186 | 186 | | court and this part of the property shall remain undivided. 32 |
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| 187 | 187 | | (e) In determining under subsection (d) of this section, whether partition in kind would 33 |
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| 188 | 188 | | result in manifest prejudice to the cotenants as a group, the court shall consider the following factors 34 |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 191 | 191 | | LC002342 - Page 6 of 9 |
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| 192 | 192 | | but shall not consider any one factor to be dispositive without weighing the totality of all relevant 1 |
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| 193 | 193 | | factors and circumstances: 2 |
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| 194 | 194 | | (1) Whether the heirs property practicably can be divided among the cotenants; 3 |
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| 195 | 195 | | (2) Whether partition in kind would apportion the property in such a way that the aggregate 4 |
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| 196 | 196 | | fair market value of the parcels resulting from the division would be materially less than the value 5 |
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| 197 | 197 | | of the property if it were sold as a whole, taking into account the condition under which a court-6 |
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| 198 | 198 | | ordered sale likely would occur; 7 |
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| 199 | 199 | | (3) Evidence of the collective duration of ownership or possession of the property by a 8 |
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| 200 | 200 | | cotenant and one or more predecessors in title or predecessors in possession to the cotenant who 9 |
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| 201 | 201 | | are or were relatives of the cotenant or each other; 10 |
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| 202 | 202 | | (4) Cotenant’s sentimental attachment to the property, including any attachment arising 11 |
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| 203 | 203 | | because the property has ancestral or other unique or special value to the cotenant; 12 |
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| 204 | 204 | | (5) The lawful use being made of the property by a cotenant and the degree to which the 13 |
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| 205 | 205 | | cotenant would be harmed if the cotenant could not continue the same use of the property; 14 |
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| 206 | 206 | | (6) The degree to which the cotenants have contributed their pro rata share of the property 15 |
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| 207 | 207 | | taxes, insurance, and other expenses associated with maintaining ownership of the property or have 16 |
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| 208 | 208 | | contributed to the physical improvement, maintenance, or upkeep of the property; and 17 |
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| 209 | 209 | | (7) Any other relevant factor. 18 |
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| 210 | 210 | | (f) The following shall control for the partition of heirs property by partition by sale. 19 |
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| 211 | 211 | | (1) If the court orders a sale of heirs property, the sale shall be an open-market sale unless 20 |
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| 212 | 212 | | the court finds that a sale by sealed bids or an auction would be more economically advantageous 21 |
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| 213 | 213 | | and in the best interest of the cotenants as a group. 22 |
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| 214 | 214 | | (2) If the court orders an open-market sale and the parties, not later than ten (10) days after 23 |
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| 215 | 215 | | the entry of the order, agree on a real estate broker licensed in this state to offer the property for 24 |
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| 216 | 216 | | sale, the court shall appoint the broker and establish a reasonable commission. If the parties do not 25 |
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| 217 | 217 | | agree on a broker, the court shall appoint a disinterested real estate broker licensed in this state to 26 |
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| 218 | 218 | | offer the property for sale and shall establish a reasonable commission. The broker shall offer the 27 |
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| 219 | 219 | | property for sale in a commercially reasonable manner at a price no lower than the determination 28 |
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| 220 | 220 | | of value and on the terms and conditions established by the court. 29 |
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| 221 | 221 | | (3) If the broker appointed under subsection (f)(2) of this section, obtains within a 30 |
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| 222 | 222 | | reasonable time an offer to purchase the property for at least the determination of value: 31 |
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| 223 | 223 | | (i) The broker shall comply with the reporting requirements in subsection (g) of this 32 |
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| 224 | 224 | | section; and 33 |
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| 225 | 225 | | (ii) The sale may be completed in accordance with state law other than this section. 34 |
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| 226 | 226 | | |
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| 227 | 227 | | |
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| 228 | 228 | | LC002342 - Page 7 of 9 |
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| 229 | 229 | | (4) If the broker appointed under subsection (f)(2) of this section does not obtain within a 1 |
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| 230 | 230 | | reasonable time an offer to purchase the property for at least the determination of value, the court, 2 |
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| 231 | 231 | | after hearing, may: 3 |
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| 232 | 232 | | (i) Approve the highest outstanding offer, if any; 4 |
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| 233 | 233 | | (ii) Redetermine the value of the property and order that the property continue to be offered 5 |
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| 234 | 234 | | for an additional time; or 6 |
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| 235 | 235 | | (iii) Order that the property be sold by sealed bids or at an auction. 7 |
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| 236 | 236 | | (5) If the court orders a sale by sealed bids or an auction, the court shall set terms and 8 |
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| 237 | 237 | | conditions of the sale. If the court orders an auction, the auction shall be conducted under subsection 9 |
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| 238 | 238 | | (a) of this section. 10 |
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| 239 | 239 | | (6) If a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled 11 |
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| 240 | 240 | | to a credit against the price in an amount equal to the purchaser’s share of the proceeds. 12 |
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| 241 | 241 | | (g) A broker appointed under subsection (f)(2) of this section, to offer heirs property for 13 |
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| 242 | 242 | | open-market sale shall file a report with the court not later than seven (7) days after receiving an 14 |
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| 243 | 243 | | offer to purchase the property for at least the value determined under subsections (b) or (f) of this 15 |
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| 244 | 244 | | section. This report shall contain the following information: 16 |
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| 245 | 245 | | (1) A description of the property to be sold to each buyer; 17 |
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| 246 | 246 | | (2) The name of each buyer; 18 |
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| 247 | 247 | | (3) The proposed purchase price; 19 |
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| 248 | 248 | | (4) The terms and conditions of the proposed sale, including the terms of any owner 20 |
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| 249 | 249 | | financing; 21 |
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| 250 | 250 | | (5) The amounts to be paid to lienholders; 22 |
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| 251 | 251 | | (6) A statement of contractual or other arrangements or conditions of the broker’s 23 |
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| 252 | 252 | | commission; and 24 |
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| 253 | 253 | | (7) Other material facts relevant to the sale. 25 |
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| 254 | 254 | | (h) The provisions of this chapter, modifies, limits, and supersedes the Electronic 26 |
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| 255 | 255 | | Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, 27 |
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| 256 | 256 | | limit, or supersede Section 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery 28 |
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| 257 | 257 | | of any of the notices described in Section 103(b) of that act, 15 U.S.C. § 7003(b). 29 |
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| 258 | 258 | | SECTION 2. Chapter 34-3 of the General Laws entitled "Tenancy in Common" is hereby 30 |
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| 259 | 259 | | amended by adding thereto the following section: 31 |
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| 260 | 260 | | 34-3-4. Definitions. 32 |
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| 261 | 261 | | As used in this title, unless the context otherwise requires: 33 |
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| 262 | 262 | | (1) “Ascendant” means an individual who precedes another individual in lineage, in the 34 |
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| 263 | 263 | | |
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| 264 | 264 | | |
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| 265 | 265 | | LC002342 - Page 8 of 9 |
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| 266 | 266 | | direct line of ascent from the other individual. 1 |
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| 267 | 267 | | (2) “Collateral” means an individual who is related to another individual under the law of 2 |
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| 268 | 268 | | intestate succession of this state but who is not the other individual’s ascendant or descendant. 3 |
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| 269 | 269 | | (3) “Descendant” means an individual who follows another individual in lineage, in the 4 |
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| 270 | 270 | | direct line of descent from the other individual. 5 |
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| 271 | 271 | | (4) “Determination of value” means a court order determining the fair market value of heirs 6 |
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| 272 | 272 | | property under § 34-15-16 or adopting the valuation of the property agreed to by all cotenants. 7 |
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| 273 | 273 | | (5) “Heirs property” means real property held in tenancy in common which satisfies all of 8 |
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| 274 | 274 | | the following requirements as of the filing of a partition action: 9 |
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| 275 | 275 | | (i) There is no agreement in a record binding all the cotenants which governs the partition 10 |
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| 276 | 276 | | of the property; 11 |
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| 277 | 277 | | (ii) One or more of the cotenants acquired title from a relative, whether living or deceased; 12 |
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| 278 | 278 | | and 13 |
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| 279 | 279 | | (iii) Any of the following applies: 14 |
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| 280 | 280 | | (A) Twenty percent (20%) or more of the interests are held by cotenants who a relatives; 15 |
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| 281 | 281 | | (B) Twenty percent (20%) or more of the interests are held by an individual who acquired 16 |
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| 282 | 282 | | title from a relative, whether living or deceased; or 17 |
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| 283 | 283 | | (C) Twenty percent (20%) or more of the cotenants are relatives. 18 |
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| 284 | 284 | | (6) “Partition by sale” means a court-ordered sale of the entire heirs property, whether by 19 |
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| 285 | 285 | | auction, sealed bids, or open-market sale conducted under § 34-15-16. 20 |
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| 286 | 286 | | (7) “Partition in kind” means the division of heirs property into physically distinct and 21 |
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| 287 | 287 | | separately titled parcels. 22 |
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| 288 | 288 | | (8) “Record” means information that is inscribed on a tangible medium or that is stored in 23 |
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| 289 | 289 | | an electronic or other medium and is retrievable in perceivable form. 24 |
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| 290 | 290 | | (9) “Relative” means an ascendant, descendant, or collateral or an individual otherwise 25 |
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| 291 | 291 | | related to another individual by blood, marriage, adoption, or law of this state other than this 26 |
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| 292 | 292 | | section. 27 |
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| 293 | 293 | | SECTION 3. This act shall take effect upon passage. 28 |
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| 294 | 294 | | ======== |
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| 295 | 295 | | LC002342 |
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| 296 | 296 | | ======== |
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| 297 | 297 | | |
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| 298 | 298 | | |
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| 299 | 299 | | LC002342 - Page 9 of 9 |
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| 300 | 300 | | EXPLANATION |
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| 301 | 301 | | BY THE LEGISLATIVE COUNCIL |
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| 302 | 302 | | OF |
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| 303 | 303 | | A N A C T |
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| 304 | 304 | | RELATING TO PROPERTY -- PARTITION |
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| 305 | 305 | | *** |
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| 306 | 306 | | This act would create a cause of action for partition of heirs property held in tenancy in 1 |
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| 307 | 307 | | common. 2 |
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| 308 | 308 | | This act would take effect upon passage. 3 |
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| 309 | 309 | | ======== |
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| 310 | 310 | | LC002342 |
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| 311 | 311 | | ======== |
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| 312 | 312 | | |
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