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LA HB175

Bill

Status

Introduced

3/31/2025

Primary Sponsor

Wilford Carter

Click for details

Origin

House of Representatives

2025 Regular Session

AI Summary

  • Enacts the Louisiana Uniform Partition of Heirs Property Act (R.S. 9:1150-1150.8), which applies when co-owners with less than 50% aggregate interest petition to partition property where 20% or more of co-owners are related within the eighth degree

  • Requires court-appointed independent licensed appraisers to determine fair market value of property and gives remaining co-owners first right to purchase the petitioner's share at private sale before any forced sale occurs

  • Establishes preference for partition in kind over forced sales, requiring courts to consider factors like sentimental attachment, family history with the property, and whether division would cause "manifest prejudice" to co-owners as a group

  • Allows petitioners to purchase all other co-owners' interests at 125% of fair market value if co-owners decline to buy out the petitioner, with open-market sales or auctions as alternatives

  • Repeals approximately 70 antiquated Civil Code articles on succession partition dating from 1825 and 1870, modernizing and consolidating partition procedures with an effective date of January 1, 2026

Legislative Description

Provides for the partition of property

PROPERTY

Last Action

Read by title, under the rules, referred to the Committee on Civil Law and Procedure.

4/14/2025

Committee Referrals

Civil Law and Procedure3/31/2025

Full Bill Text

No bill text available