Amends GS 46-10 to provide that commissioners must divide partitioned land into shares based upon the value of the tract(s) irrespective of the quantity of land. Replaces the term “dividends” with “tracts” and allows commissioners to subdivide more valuable tracts, and allot money from the valuable tracts to the tracts of inferior value, to achieve an equitable partition. Adds a subsection (b) to the statute, which provides that owners of land not subject to partition may elect to have adjoining property subject to partition allotted to them. This election may be made in the petition for partition, in the responsive pleading, or by filing for an election prior to the appointment of commissioners. Proper service of the election may be required. Commissioners must provide a basis for denying an election pursuant to GS 46-17.
CLARIFY VALUATION METHOD FOR PARTITIONS.
|View NCGA Bill Details||2019-2020 Session|
AN ACT TO CLARIFY THAT COMMISSIONERS MAY CONSIDER OWNERSHIP OF ADJOINING PARCELS IN DIVIDING LAND FOR IN-KIND PARTITIONS OF REAL PROPERTY.Intro. by Zachary, R. Turner.
Status: Ref to the Com on Judiciary, if favorable, Rules, Calendar, and Operations of the House (House action) (Apr 18 2019)
Tue, 16 Apr 2019 House: Filed
Thu, 18 Apr 2019 House: Passed 1st Reading
Bill H 794 (2019-2020)Summary date: Apr 16 2019 - View Summary