House Bill No. [insert bill number] aims to amend and reenact several articles of the Louisiana Civil Code and Code of Civil Procedure concerning the partition of property. The bill modifies Civil Code Article 811 to clarify that when property held in indivision cannot be partitioned in kind, the court may order a partition by licitation or private sale, with proceeds distributed to co-owners based on their shares. It also introduces new provisions in Code of Civil Procedure Article 4607.1, which outlines the reimbursement of co-owners for expenses related to property taxes and preservation, as well as the allocation of costs associated with the sale.
Key changes include the requirement that private sales must be conducted at fair market value rather than appraised value, and that a court-appointed representative, who may be a co-owner, will execute necessary documents on behalf of absentee or nonconsenting co-owners. The bill also stipulates that a partition by private sale can only occur after the property has been marketed reasonably, and it retains the requirement for public notice of partition proceedings while adding that a copy of the notice must be affixed to the property if it is a corporeal immovable. Overall, the bill seeks to streamline the partition process and ensure fair treatment of all co-owners involved.