The proposed bill amends Title 20 of the Pennsylvania Consolidated Statutes by introducing the "Uniform Partition of Heirs Property Act," which establishes a structured framework for the partition of heirs property held in tenancy in common without a binding agreement among cotenants. Key provisions include a right of first refusal for cotenants when a bona fide offer is made by non-cotenants, requirements for service and notice by posting, and a mandatory settlement conference prior to any legal action. The bill also delineates the roles of hearing officers, the process for determining property value, and options for partitioning, such as partition by sale or in kind.
Additionally, the bill emphasizes good faith negotiations and outlines procedures for determining fair market value, including the appointment of disinterested appraisers. It allows cotenants to buy out interests if one requests a partition by sale and sets forth guidelines for notifying involved parties, payment procedures, and court authority regarding property sales. The legislation aims to ensure fairness and transparency in the partition process, promoting uniformity in application across states while safeguarding the rights of all cotenants involved.