Property; directs the court to consider certain factors when it orders a partition. (HB1755)
Introduced By
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
History
Date | Action |
---|---|
01/10/2023 | Committee |
01/10/2023 | Prefiled and ordered printed; offered 01/11/23 23100415D |
01/10/2023 | Referred to Committee for Courts of Justice |
01/19/2023 | Assigned Courts sub: Subcommittee #2 |
01/23/2023 | Subcommittee recommends reporting (8-Y 0-N) |
01/27/2023 | Reported from Courts of Justice (20-Y 0-N) (see vote tally) |
01/31/2023 | Read first time |
02/01/2023 | Read second time and engrossed |
02/02/2023 | Read third time and passed House BLOCK VOTE (100-Y 0-N) |
02/02/2023 | VOTE: Block Vote Passage (100-Y 0-N) (see vote tally) |
02/03/2023 | Constitutional reading dispensed |
02/03/2023 | Referred to Committee on the Judiciary |
02/13/2023 | Reported from Judiciary (15-Y 0-N) (see vote tally) |
02/14/2023 | Constitutional reading dispensed (40-Y 0-N) (see vote tally) |
02/15/2023 | Read third time |
02/15/2023 | Passed Senate (40-Y 0-N) (see vote tally) |
02/20/2023 | Enrolled |
02/20/2023 | Bill text as passed House and Senate (HB1755ER) |
02/20/2023 | Signed by Speaker |
02/21/2023 | Signed by President |
03/02/2023 | Enrolled Bill communicated to Governor on March 2, 2023 |
03/02/2023 | G Governor's Action Deadline 11:59 p.m., March 27, 2023 |
03/23/2023 | G Approved by Governor-Chapter 333 (effective 7/1/23) |
03/23/2023 | G Acts of Assembly Chapter text (CHAP0333) |