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NC H794
Bill
Status
4/16/2019
Primary Sponsor
Walter Zachary
Click for details
AI Summary
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Amends G.S. 46-10 to clarify that partition commissioners must divide land based on the value of tracts irrespective of the quantity of land involved in the partition proceeding.
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Commissioners retain authority to subdivide more valuable tracts and charge monetary sums to equalize shares among tenants in common or joint tenants.
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Allows tenants in common or joint tenants with ownership of adjoining lands not subject to partition to elect having adjoining shares allotted to them.
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Elections for adjoining shares may be made in the partition petition, any responsive pleading, or by separate filing prior to commissioner appointment.
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Commissioners must provide written basis in their report if they determine an adjoining share allotment would be inequitable or not feasible; applies to petitions filed on or after the act's effective date.
Legislative Description
Clarify Valuation Method for Partitions
Last Action
Ref to the Com on Judiciary, if favorable, Rules, Calendar, and Operations of the House
4/18/2019