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A302, R322, S925
Sponsors: Senators Pinckney and Ford
Document Path: l:\council\bills\bbm\10757mm05.doc
Introduced in the Senate on June 2, 2005
Introduced in the House on May 2, 2006
Last Amended on April 27, 2006
Passed by the General Assembly on May 19, 2006
Governor's Action: May 25, 2006, Signed
Summary: Estate property
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 6/2/2005 Senate Introduced and read first time SJ-13 6/2/2005 Senate Referred to Committee on Judiciary SJ-13 4/26/2006 Senate Polled out of committee Judiciary SJ-23 4/26/2006 Senate Committee report: Favorable with amendment Judiciary SJ-23 4/27/2006 Senate Amended SJ-82 4/27/2006 Senate Read second time SJ-82 4/27/2006 Senate Unanimous consent for third reading on next legislative day SJ-82 4/28/2006 Senate Read third time and sent to House SJ-2 5/2/2006 House Introduced and read first time HJ-18 5/2/2006 House Referred to Committee on Judiciary HJ-18 5/11/2006 House Recalled from Committee on Judiciary HJ-71 5/18/2006 House Read second time HJ-33 5/18/2006 House Unanimous consent for third reading on next legislative day HJ-34 5/19/2006 House Read third time and enrolled HJ-2 5/23/2006 Ratified R 322 5/25/2006 Signed By Governor 5/31/2006 Copies available 5/31/2006 Effective date See Act for Effective Date 6/8/2006 Act No. 302
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VERSIONS OF THIS BILL
(A302, R322, S925)
AN ACT TO AMEND CHAPTER 61, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-61-25, RELATING TO PARTITIONS, SO AS TO GIVE ONE OR MORE OF THE JOINT TENANTS OR TENANTS IN COMMON THE RIGHT OF FIRST REFUSAL TO PURCHASE THE SUBJECT PROPERTY BEFORE ITS JUDICIAL PARTITION.
Be it enacted by the General Assembly of the State of South Carolina:
Right of first refusal
SECTION 1. Chapter 61, Title 15 of the 1976 Code is amended by adding:
"Section 15-61-25. (A) For the purposes of this section, 'joint tenants and tenants in common' include heirs or devisees. Upon the filing of a petition for partition of real property owned by joint tenants or tenants in common, the court shall provide for the nonpetitioning joint tenants or tenants in common who are interested in purchasing the property to notify the court of that interest no later than ten days prior to the date set for the trial of the case. The nonpetitioning joint tenants or tenants in common shall be allowed to purchase the interests in the property as provided in this section whether default has been entered against them or not.
(B) In the circumstances described in subsection (A) of this section, and in the event the parties cannot reach agreement as to the price, the value of the interest or interests to be sold shall be determined by one or more competent real estate appraisers, as the court shall approve, appointed for that purpose by the court. The appraisers appointed pursuant to this section shall make their report in writing to the court within thirty days after their appointment. The costs of the appraisers appointed pursuant to this section shall be taxed as a part of the cost of court to those seeking to purchase the interests of the joint tenants or tenants in common petitioning to sell their interest in the property described in the petition for partition.
(C) In the event that the petitioning joint tenants or tenants in common object to the value of the interests as determined by the appointed appraisers, those joint tenants or tenants in common shall have ten days from the date of filing of the report to file written notice of objection to the report and request a hearing before the court on the value. An evidentiary hearing limited to the proposed valuation of the interests of the petitioning joint tenants or tenants in common shall be conducted, and an order as to the valuation of the interests of the petitioning joint tenants or tenants in common shall be issued.
(D) After the valuation of the interest in property is completed as provided in subsection (B) or (C) of this section, the nonpetitioning joint tenants or tenants in common seeking to purchase the interests of those filing the petition shall have forty-five days to pay into the court the price set as the value of those interests to be purchased. Upon the payment and approval of it by the court, the court shall execute and deliver or cause to be executed and delivered the proper instruments transferring title to the purchasers.
(E) In the event that the nonpetitioning joint tenants or tenants in common fail to pay the purchase price as provided in subsection (D) of this section, the court shall proceed according to its traditional practices in partition sales."
SECTION 2. This act takes effect upon approval by the Governor and applies to all petitions for partitions filed on or after that date.
Ratified the 23rd day of May, 2006.
Approved the 25th day of May, 2006.
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