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NC H794

Bill

Status

Introduced

4/16/2019

Primary Sponsor

Walter Zachary

Click for details

Origin

House of Representatives

2019-2020 Session

AI Summary

  • 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.

  • Commissioners retain authority to subdivide more valuable tracts and charge monetary sums to equalize shares among tenants in common or joint tenants.

  • Allows tenants in common or joint tenants with ownership of adjoining lands not subject to partition to elect having adjoining shares allotted to them.

  • Elections for adjoining shares may be made in the partition petition, any responsive pleading, or by separate filing prior to commissioner appointment.

  • 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

Committee Referrals

Judiciary4/18/2019

Full Bill Text

No bill text available