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H 3325 - Uniform Partition of Heirs' Property Act

Tracking Level: Passed
Sponsor: James Smith
Last Action: 5/2/2016 - Act No. 153
House Committee:
Assigned To:
Property TaxesNext Bill

Staff Analysis of the Legislation

03.01.2016 The Senate Judiciary Committee gave this bill a favorable report.
02.16.2016 The Senate Judiciary Committee carried this bill over.
02.09.2016 The Senate Judiciary Committee carried this bill over.
02.02.2016 The Senate Judiciary Committee carried this bill over.
01.28.2016A Senate Judiciary subcommittee gave this bill a favorable report with an amendment. The amendment requires notice on partition provisions.
05.05.2015 The House Judiciary Committee gave this bill a favorable report.
04.21.2015 The House Judiciary Committee adjourned debate on this bill.
04.15.2015 The House Judiciary Special Laws subcommittee gave this bill a favorable report with amendments. As soon as the amendments are available, they will be posted here.
Summary of the bill as introduced: Creates procedures for a court to follow in determining the value of the property and factors for a court to consider for different types of partitions.

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Session 121 - (2015-2016)Printer Friendly
(pdf format)
H*3325 (Rat #0158, Act #0153 of 2016) General Bill, By J.E. Smith, Hodges, Weeks, Whipper, Mitchell, Govan and Gilliard
Summary: Uniform Partition of Heirs Property Act
    AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 61, TITLE 15 SO AS TO ENACT THE "CLEMENTA C. PINCKNEY UNIFORM PARTITION OF HEIRS' PROPERTY ACT"; TO DEFINE NECESSARY TERMS; TO PROVIDE FOR A PRELIMINARY HEARING TO DETERMINE WHETHER THE PROPERTY IN AN ACTION TO PARTITION REAL PROPERTY IS HEIRS' PROPERTY; TO PROVIDE FOR NOTICE BY PUBLICATION IN A PARTITION ACTION; TO PROVIDE PROCEDURES FOR A COURT TO FOLLOW IN DETERMINING THE VALUE OF THE PROPERTY AND FACTORS FOR A COURT TO CONSIDER FOR DIFFERENT TYPES OF PARTITIONS; TO PROVIDE FOR OPEN-MARKET SALES, SEALED BIDS, OR AUCTIONS, TO DESIGNATE THE EXISTING PROVISIONS OF CHAPTER 61 AS ARTICLE 1; TO AMEND SECTION 15-61-10, RELATING TO PARTITION ACTIONS, SO AS TO PROVIDE FOR A COURT HEARING TO DETERMINE IF THE PARTITION ACTION CONCERNS HEIRS' PROPERTY; AND TO AMEND SECTION 15-61-100, RELATING TO WRITS OF PARTITION, SO AS TO DELETE OBSOLETE REFERENCES. - ratified title
View full text          View Vote History          View Fiscal Impact
01/15/15House Introduced and read first time (House Journal-page 324)
01/15/15House Referred to Committee on Judiciary (House Journal-page 324)
01/27/15House Member(s) request name added as sponsor: Hodges
04/22/15House Member(s) request name added as sponsor: Weeks, Whipper
05/06/15House Committee report: Favorable with amendment Judiciary (House Journal-page 39)
05/07/15House Member(s) request name added as sponsor: Mitchell, Govan
05/12/15House Member(s) request name added as sponsor: Gilliard
05/12/15House Amended (House Journal-page 24)
05/12/15House Read second time (House Journal-page 24)
05/12/15House Roll call Yeas-104 Nays-0 (House Journal-page 34)
05/13/15House Read third time and sent to Senate (House Journal-page 13)
05/13/15Senate Introduced and read first time (Senate Journal-page 8)
05/13/15Senate Referred to Committee on Judiciary (Senate Journal-page 8)
05/15/15Senate Referred to Subcommittee: Malloy (ch), Massey, S.Martin, Bennett, Johnson
01/19/16Senate Referred to Subcommittee: Malloy (ch), Massey, Bennett, Johnson, Thurmond
03/02/16Senate Committee report: Favorable with amendment Judiciary (Senate Journal-page 8)
03/03/16 Scrivener's error corrected
03/08/16Senate Committee Amendment Adopted (Senate Journal-page 13)
03/08/16Senate Read second time (Senate Journal-page 13)
03/08/16Senate Roll call Ayes-34 Nays-1 (Senate Journal-page 13)
03/09/16 Scrivener's error corrected
03/09/16Senate Read third time and returned to House with amendments (Senate Journal-page 9)
03/16/16House Read third time and enrolled (House Journal-page 85)
03/16/16House Roll call Yeas-100 Nays-0 (House Journal-page 86)
04/19/16 Ratified R 158
04/21/16 Signed By Governor
04/27/16 Effective date 01/01/17
05/02/16 Act No. 153



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