SB 2274

Abstract

Amends the Code of Civil Procedure. Adds other forms of co-ownership to the types of holdings in which a person having an interest may petition the court to compel a partition of the premises or part of the premises. Provides that ownership of an interest in minerals by a co-owner of an interest in the surface does not prevent partition of the surface. Provides that ownership of an interest in some, but not all, of the mineral estate by a co-owner of an interest in other minerals does not prevent the partition of the co-owned mineral estate. Removes the current commissioners and allows the court to appoint a disinterested commissioner and surveyor to assist in the division of a premises. Allows the court (instead of the commissioners) to set off the homestead, if any party to the action is entitled to an estate of the homestead in the premises. Removes language concerning the sale of a premises not susceptible to division and the valuation of a premises. Makes other changes. Repeals the Oil and Gas Recovery Act. Effective immediately.