Bill No.:                     SF0053                                   Drafter:  DKG

LSO No.:                   13LSO-0176                         Effective Date:  7/1/2013

Enrolled Act No.:    SEA0043

Chapter No.:            CH0128

Prime Sponsor:       Senator Bebout

Catch Title:              Partition actions subject to subdivision laws.

Subject:                     Subdivision requirements and exemptions based on court orders.

Summary/Major Elements:

· Under current law, divisions of property created by court order generally are exempt from requirements to create a subdivision.

· Orders of a court in actions seeking partition of property (an action in which property owned by tenants in common is sought to be divided) fall within that exemption under current law.

· This Act eliminates that exemption if the division of property would otherwise be subject to the subdivision laws, including any exemptions as applied in the county in which the land is located.

· This Act requires a petition seeking a partition to disclose if the division would be subject to subdivision laws, as applicable in the county in which the particular division of land lies.

· The Act also provides that a court may not order the partition until the requirements of applicable subdivision laws are met.