Property; directs the court to consider certain factors when it orders a partition. (HB1755)

Introduced By

Del. Jeff Campbell (R-Marion)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Partition of property. Directs the court to consider certain factors when it orders a partition in kind, including (i) evidence of the collective duration of ownership or possession of any portion of the property by a party and one or more predecessors in title or predecessors in possession of the property who are or were related to the party; (ii) a party's sentimental attachment to any portion of the property, including any attachment arising because such portion of the property has ancestral or other unique or special value to the party; (iii) the lawful use being made of any portion of the property by a party and the degree to which the party would be harmed if the party could not continue the same use of such portion of the property; and (iv) the degree to which a party has contributed to the physical improvement, maintenance, or upkeep of any portion of the property. The bill also provides that counsel for a party to a partition action may serve as a commissioner unless there is an objection by another party; current law requires commissioners to be disinterested and impartial and not a party to or participant in the partition action. This bill is a recommendation of the Boyd-Graves Conference. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/10/2023Committee
01/10/2023Prefiled and ordered printed; offered 01/11/23 23100415D
01/10/2023Referred to Committee for Courts of Justice
01/19/2023Assigned Courts sub: Subcommittee #2
01/23/2023Subcommittee recommends reporting (8-Y 0-N)
01/27/2023Reported from Courts of Justice (20-Y 0-N) (see vote tally)
01/31/2023Read first time
02/01/2023Read second time and engrossed
02/02/2023Read third time and passed House BLOCK VOTE (100-Y 0-N)
02/02/2023VOTE: Block Vote Passage (100-Y 0-N) (see vote tally)
02/03/2023Constitutional reading dispensed
02/03/2023Referred to Committee on the Judiciary
02/13/2023Reported from Judiciary (15-Y 0-N) (see vote tally)
02/14/2023Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/15/2023Read third time
02/15/2023Passed Senate (40-Y 0-N) (see vote tally)
02/20/2023Enrolled
02/20/2023Bill text as passed House and Senate (HB1755ER)
02/20/2023Signed by Speaker
02/21/2023Signed by President
03/02/2023Enrolled Bill communicated to Governor on March 2, 2023
03/02/2023G Governor's Action Deadline 11:59 p.m., March 27, 2023
03/23/2023G Approved by Governor-Chapter 333 (effective 7/1/23)
03/23/2023G Acts of Assembly Chapter text (CHAP0333)