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ND HB1284

Bill

Status

Passed

3/22/2019

Primary Sponsor

Craig Headland

Click for details

Origin

House of Representatives

66th Legislative Assembly

AI Summary

  • Creates new section 32-16-49 establishing a buyout procedure for cotenant interests in estates of inheritance subject to partition actions.

  • Court appoints a referee to obtain a fair market value appraisal when property cannot be partitioned without prejudice and a sale is requested by one or more cotenants.

  • Any cotenant may purchase the interests of cotenants requesting a sale at the appraised fair market value of the selling cotenant's fractional interest.

  • If multiple cotenants offer to purchase, the court shall equitably allocate the interests among the purchasing cotenants.

  • Amends section 30.1-20-11 to allow district courts to direct sales of estate property only when a buyout has not been agreed upon pursuant to the new buyout provision.

Legislative Description

Partitions.

Last Action

Signed by Governor 03/21

3/22/2019

Committee Referrals

Judiciary1/3/2019

Full Bill Text

No bill text available