Bill
SB 317
SB 317 creates a uniform partition process for heirs property, with court valuation and a cotenant buyout option to keep family land from unfair forced sales.
Status & timeline (selected)
- Bill introduced: Feb 11, 2025 (as reported).
- Progress: Advanced through legislative committees and floor votes; enrolled and transmitted to the Governor.
- Latest recorded executive action: Governor’s veto entered Oct 6, 2025 (consideration of veto pending at time of last update).
Purpose
- Establish a clear, uniform procedure for court partition of “heirs property” — tenure-in-common real property acquired through family lines without a binding partition agreement — with special protections and valuation procedures intended to reduce unfair forced sales and to provide cotenants meaningful buyout opportunities.
Key definitions (important thresholds)
- “Heirs property”: tenancy‑in‑common real property where (as of filing) no record binding all cotenants governs partition; at least one cotenant acquired title from a relative; and one of these is true:
- ≥ 20% of interests held by cotenants who are relatives; or
- ≥ 20% of interests held by an individual who acquired title from a relative; or
- ≥ 20% of the cotenants are relatives.
- “Partition by sale”: court‑ordered sale of the entire heirs property (auction, sealed bid, or open‑market sale).
- “Partition in kind”: physical division into separately titled parcels.
Major procedural and substantive provisions
- Applicability (§46A‑89): If the court finds property in a partition action is heirs property, partition follows this Part unless all cotenants agree in writing to a different method.
- Notice by posting (§46A‑90): If the court authorizes publication notice and property is identified as heirs property, petitioner must post a conspicuous sign on the property within 10 days stating the proceeding, court name/address, and common property designation.
- Commissioners (§46A‑91): Any court‑appointed commissioners must be disinterested, impartial, and not parties to the case.
- Valuation (§46A‑92):
- Court generally orders a licensed, disinterested appraiser to determine fair market value assuming fee‑simple ownership.
- Appraisal filed with the court triggers notice to parties within 10 days.
- Parties may object to the appraisal within 30 days; a valuation hearing is scheduled no sooner than 30 days after notice.
- Court determines and notifies parties of the final fair market value before addressing partition merits.
- Cotenant buyout (§46A‑93):
- If any cotenant requested partition by sale, after valuation the court notifies other cotenants that any cotenant (except those who sought sale) may elect to buy all interests of those who requested sale.
- Electing cotenants have 45 days to notify the court of their intent to buy.
- Purchase price for each selling cotenant’s interest = (court‑determined whole‑parcel value) × (that cotenant’s fractional share).
Who is affected
- Primary: cotenants of heirs property (often family members, frequently minority or low‑income inherited ownership).
- Secondary: courts, real estate appraisers, title companies, buyers, and practitioners involved in partition litigation.
Potential impacts
- Benefits: creates standardized appraisal and notice safeguards, offers buyout option to keep family land intact, may reduce inequitable low‑price loss in forced sales.
- Costs/risks: may increase litigation complexity and cost (appraisals, hearings), lengthen time to resolution, and impose administrative duties on courts and petitioners.
Relation to existing law
- This Part supplements Article 1 and other Parts of Chapter 46A and displaces inconsistent provisions for partitions that qualify as heirs property.
Notes
- Readers should consult the full enacted text (Chapter 46A additions) for complete procedural details and follow subsequent legislative or judicial developments (including any action on the Governor’s veto) before relying on the law in practice.
Compiled from official sources — confirm details with the bill’s official record.
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