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HR 160

PROPERTY: Authorizes and requests the Louisiana State Law Institute to study provisions regarding transfer of property

2026 Regular Session Introduced by Nicholas Muscarello

Louisiana lawmakers want the state law institute to study how property transfers and the public records doctrine interact with the Simmesport v. Roy ruling to protect good-faith pu

Taken by the Clerk of the House and presented to the Secretary of State in accordance with the Rules of the House.
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Bill Summary · HR 160

Legislative Bill Summary — HR 160 (Louisiana, 2026 Regular Session)

Basic Information

  • Bill / Resolution: HR 160
  • Author: Representative Muscarello (Co-sponsor: Nicholas Muscarello)
  • Jurisdiction: Louisiana House of Representatives
  • Topic: Study regarding transfer of property, public records doctrine, and the Simmesport State Bank v. Roy ruling
  • Reported Date / Status: Read by title and lies over under the rules (as of 2026-04-16)

Purpose and Intent

  • The resolution authorizes and requests the Louisiana State Law Institute (LSLI) to study and make recommendations on how property transfers interact with:
    • the public records doctrine, and
    • the court ruling in Simmesport State Bank v. Roy, 614 So.2d 265 (La. Ct. App. 3rd Cir. 1993)
  • The overarching aim is to ensure that purchasers acting in good faith under the public records doctrine are not adversely affected by Simmesport’s implications, particularly in relation to Civil Code Article 2502 and related provisions.

Key Provisions and Changes Proposed

  • Study Mandate: The LSLI is instructed to conduct a comprehensive study and prepare recommendations concerning:
    • How property transfers are affected by the public records doctrine.
    • The impact and interpretation of the Simmesport State Bank v. Roy decision on transfer rights and protections.
  • Report Deadline: The LSLI must report its findings to the Louisiana House of Representatives no later than January 4, 2027.
  • Deliverables: The institute is required to provide one printed copy and one electronic copy of any report produced under this resolution to the David R. Poynter Legislative Research Library, in accordance with applicable statutory requirements (R.S. 24:772).

Context and Background

  • Civil Code Article 2502: Allows a person to transfer to another whatever rights to a thing they may have, without warranting the existence of those rights. It also states that such transfer does not create a presumption of bad faith by the transferee and can serve as just title for acquisitive prescription. If the transferor later acquires ownership of the thing, the transfer does not automatically transfer that after-acquired title to the transferee.
  • Civil Code Article 3338: Provides that the rights and obligations created by certain written instruments are ineffective against a third party unless the instrument is registered in the mortgage or conveyance records.
  • Simmesport State Bank v. Roy (1993): A Louisiana Court of Appeal decision holding that a third-party purchaser engaged in fraudulent behavior or bad faith is not protected by the public records doctrine.

Potential Impact

  • Clarification of Public Records Doctrine: The study could clarify or refine how the public records doctrine applies to property transfers, especially in light of the Simmesport decision.
  • Protection of Good-Faith Purchasers: Aims to ensure that purchasers acting in good faith who rely on public records are not unfairly disadvantaged by Simmesport’s implications.
  • Influence on Civil Code Interpretations: Findings could inform potential legislative or judicial revisions to articles governing transfer of rights (e.g., Article 2502) and registration effects (Article 3338).
  • Future Legislation: Depending on findings, Louisiana lawmakers might consider amendments to statutes or concrete policy changes to address identified gaps or inconsistencies.

Summary

HR 160 is a non-binding resolution directing the Louisiana State Law Institute to study and recommend changes related to how property transfers interact with the public records doctrine and the Simmesport State Bank v. Roy ruling. The goal is to protect good-faith purchasers while clarifying the legal framework governing transferred rights, registration, and subsequent ownership changes. The institute must report its findings by January 4, 2027.

Compiled from official sources — confirm details with the bill’s official record.

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