M,             FIFTY-THIRD LEGISLATURE

FIRST SESSION, 2017

February 24, 2017

Mr. Speaker:

    Your JUDICIARY COMMITTEE, to whom has been referred

HOUSE BILL 181

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

1. On page 2, line 14, after "common", insert ", but

does not include undivided mineral interests, and".

    2. On page 12, line 18, after "cotenants", insert ", including whether portions of the property once divided would be of sufficient size, and have adequate access and legal rights, to serve intended uses".

     3. On page 13, between lines 20 and 21, insert:

          "C. The court shall not partition property in a manner that would result in subdivision of the property that would not otherwise be allowable under valid covenants and restrictions or applicable laws.".

The roll call vote on Amendments 2 and 3 was 10 For 1 Against

Yes:      12

No:       Cook

Excused:  Gentry, Rehm

Absent:   None