SF0053 • 2013

Partition actions subject to subdivision laws.

AN ACT relating to partitions of real property; requiring specified partition orders to comply with subdivision laws; and providing for an effective date.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Senator Bebout
Last action: 2013-03-14
Official status: enrolled
Effective date: 7/1/2013

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SF0053H2001

2nd reading • GINGERY

Adopted

Plain English: Adopted 2nd reading by GINGERY

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

SF0053HS001

Standing Committee • H01

Adopted

Plain English: Adopted Standing Committee by H01

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

Bill History

2013-03-14 LSO
Assigned Chapter Number
2013-03-13 Governor
Governor Signed SEA No. 0043
2013-02-22 House
H Speaker Signed SEA No. 0043
2013-02-20 Senate
S President Signed SEA No. 0043
2013-02-19 LSO
Assigned Number SEA0043
2013-02-19 Senate
S Did Concur
2013-02-15 Senate
S Received for Concurrence
2013-02-15 House
H Passed 3rd Reading
2013-02-14 House
H Passed 2nd Reading
2013-02-14 House
Amendment Adopted
2013-02-13 House
H Passed CoW
2013-02-13 House
H Amendments Adopted
2013-02-13 House
Amendment Adopted
2013-02-07 House
H Placed on General File
2013-02-07 House
H01 Recommended Amend and Do Pass
2013-01-24 House
H Introduced and Referred to H01
2013-01-23 House
H Received for Introduction
2013-01-23 Senate
S Passed 3rd Reading
2013-01-22 Senate
S Passed 2nd Reading
2013-01-21 Senate
S Passed CoW
2013-01-17 Senate
S Placed on General File
2013-01-17 Senate
S06 Recommended Do Pass
2013-01-10 Senate
S Rereferred to S06
2013-01-09 Senate
S Introduced and Referred to S01
2013-01-08 Senate
S Received for Introduction
2012-12-26 LSO
Bill Number Assigned

Official Summary Text

Bill No.: <billno> Drafter: <drafterinit>

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.

Current Bill Text

Read the full stored bill text

WORKING DRAFT

ORIGINAL SENATE
FILE

NO.
0053

ENROLLED ACT NO. 43, SENATE

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2013 GENERAL SESSION

AN ACT relating to
partitions of real property
;
requiring
specified
partition orders to comply with subdivision laws
;
and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 1
‑
32
‑
103, 1
‑
32
‑
104 and 18
‑
5
‑
303(a)(ii)
are amended to read:

1
‑
32
‑
103.

Filing and contents of petition.

A person entitled to partition of an estate may file his petition in the district court setting forth the nature of his title, a description of the lands, tenements or hereditaments of which partition is demanded, and naming each tenant in common, coparcener or other interested person as defendant.
If the petition seeks a division of property which
division would otherwise
be subject to the provisions of title 18, chapter 5, article 3 of the Wyoming
s
tatutes, the petition shall
disclose that fact
.

1
‑
32
‑
104.

Finding of court; order for partition; appointment of commissioners; ordering writ of execution to issue.

If the court finds that the plaintiff has a legal right to any part of the estate, it shall order partition in favor of the plaintiff or all parties in interest, appoint three (3) disinterested persons of the vicinity to be commissioners to make the partition and order a writ of execution to issue.
A partition under this article shall be subject to the provisions of title 18, chapter 5, article 3 of the Wyoming statutes including any exemptions provided therein and as authorized by the county pursuant to those provisions. The court shall order the partition only after
compliance by the petitioner with those provisions, as applicable.

18
‑
5
‑
303.

Exemptions from provisions.

(a)

Unless the method of sale or other disposition is adopted for the purpose of evading the provisions of this article, this article shall not apply to the following subdivisions of land however, the following subdivisions are subject to requirements which may be adopted by the board of county commissioners regarding documentation of the proper use and implementation of the following exemptions:

(ii)

A division which may be created by any court of this state pursuant to the law of eminent domain
,
by operation of law
o
r by order of any court in this state
, except that
this paragraph shall not exempt
a partition of real property pursuant to W.S.
1
‑
32
‑
101 through 1
‑
32
‑
122 from compliance with this article if the
division would otherwise
be subject to the provisions of this article
;

Section 2.
This act is effective July 1, 2013.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk