reglab/housing_qa huggingface dataset:
LA Code Civ Pro art. 4607 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4607. Partition by licitation or by private sale

  When a partition is to be made by licitation, the sale shall be conducted at public auction and after the advertisements required for judicial sales under execution. When a partition is to be made at private sale without the consent of all co-owners, the sale shall be for not less than the appraised value of the property, and documents required pursuant to a court order shall be executed on behalf of the absentee or nonconsenting co-owner by a court-appointed representative, who may be a co-owner, after the advertisements required for judicial sales under execution are made. All counsel of record, including curators appointed to represent absentee defendants, and persons appearing in proper person shall be given notice of the sale date. At any time prior to the sale, the parties may agree upon a nonjudicial partition.  Acts 1990, No. 832, §1; Acts 2020, No. 281, §2, eff. June 11, 2020; Acts 2021, No. 27, §2, eff. June 1, 2021.
LA Code Civ Pro art. 4608 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4608. Controversy before notary effecting partition

If there should be any controversy between the parties in the course of the proceedings before the notary effecting the partition, he shall record the objections and declarations of the parties in his proces verbal. Unless otherwise ordered by the court, such objections shall not suspend the proceedings before the notary, but any party may present his objections to the court in his opposition to the homologation of the partition.
LA Code Civ Pro art. 4609 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4609. Homologation of partition

When the partition has been completed by the notary, he shall file his proces verbal of the partition, or a copy thereof, in the court which ordered the partition. Any party may rule all other parties into court to show cause why the partition should not be homologated or rejected.
LA Code Civ Pro art. 4610 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4610. Opposition to homologation

An opposition may be filed at any time prior to the homologation of the partition. If no opposition has been filed, the partition may be homologated at any time after ten days from the service of the rule to show cause.
LA Code Civ Pro art. 4611 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4611. Supplementary partition when rule to reject or opposition to homologation sustained

When a rule to reject the partition, or an opposition to its homologation, is sustained in whole or in part, the court shall rectify the partition, or refer the parties to the same or another notary who shall prepare a supplementary act of partition in conformity with the order of the court.  Articles 4609 and 4610 apply to this supplementary partition.
LA Code Civ Pro art. 4612 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4612. Finality of partition when rule to reject or opposition unfounded

When the court finds that a rule to reject the partition, or an opposition to its homologation, is unfounded and that all legal formalities have been observed, it shall homologate the act of partition.
LA Code Civ Pro art. 4613 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4613. Attorney's fee in uncontested proceedings

When there is no contest of the partition proceeding by any defendant, the court shall allow the attorney for the plaintiff a reasonable fee for his services. Except as provided in the second paragraph of this article, the fee shall be taxed as costs of court and paid out of the mass of the funds or the property partitioned, or the proceeds of the latter if sold. No portion of the fee may be paid out of the share of any party represented in the proceeding by an attorney, whether appointed by the court or selected by the party.
LA Code Civ Pro art. 4614 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4614. Purchase by co-owner of property or interest sold

Any property or interest therein sold to effect a partition, whether by licitation or by private sale, may be purchased by a co-owner.
LA Code Civ Pro art. 4621 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4621. Partition by licitation or private sale

  When one of the co-owners of property sought to be partitioned is an absentee, the partition may be effected by licitation or by private sale, as provided in this Chapter, whether the property is divisible in kind or not.  Acts 2020, No. 281, §2, eff. June 11, 2020.
LA Code Civ Pro art. 4622 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4622. Petition

  A. The petition for the partition of property in which an absentee owns an interest, under the articles of this Chapter, shall allege the facts showing that the absent and unrepresented defendant is an absentee, as defined in Article 5251, shall describe the property sought to be partitioned and allege the ownership interests thereof, and shall be supported by an affidavit of the petitioner or of his counsel that the facts alleged in the petition are true.  B.(1) If the partition is to be made by private sale, the petition for partition between the co-owners shall have first priority status by the court and shall include all of the following:  (a) The primary terms of the proposed sale.  (b) The name of the proposed purchaser and whether the proposed purchaser is a co-owner or third party in accordance with Civil Code Article 811(B).  (c) The source or location of funds to be used in the sale.  (d) If the proposed purchaser is a juridical entity, including but not limited to corporations, limited liability companies, partnerships, and sole proprietorships, and whether that entity has a relationship with any co-owner.  (e) Whether any costs associated with the sale will be paid to any person related to the petitioning co-owners within the fourth degree or a juridical entity in which the co-owner has a direct or indirect financial interest.  (2) Upon judgment of the court ordering the sale, payment shall be made within twenty-four hours using cash or certified funds.  Acts 2020, No. 281, §2, eff. June 11, 2020; Acts 2021, No. 27, §2, eff. June 1, 2021.
LA Code Civ Pro art. 4623 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4623. Order; service of citation; contradictory proceedings

When the petition for a partition discloses that the plaintiff is entitled thereto, and that the absent and unrepresented defendant is an absentee who owns an interest in the property, the court shall appoint an attorney at law to represent the absent defendant, and shall order the publication of notice of the institution of the proceeding. The citation to the absent defendant and all other process shall be served on or service thereof accepted by the attorney at law appointed to represent him, and all proceedings shall be conducted contradictorily against this attorney.
LA Code Civ Pro art. 4624 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4624. Publication of notice

  Notice of the institution of the proceeding shall be published at least once in the parish where the partition proceeding is instituted, in the manner provided by law. This notice shall set forth the title and docket number of the proceeding, the name and address of the court, a description of the property sought to be partitioned, and the primary terms of the private sale and shall notify the absent defendant that the plaintiff is seeking to have the property partitioned by licitation or by private sale under Civil Code Article 811, this Chapter, and Chapter 1 of this Title, and that the absent defendant has fifteen days from the date of the publication of notice, or of the initial publication of notice if there is more than one publication, to answer the plaintiff's petition.  Acts 2020, No. 281, §2, eff. June 11, 2020; Acts 2021, No. 27, §2, eff. June 1, 2021.
LA Code Civ Pro art. 4625 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4625. Trial; judgment ordering sale

  A. Except as otherwise provided in Article 4630, if the petitioner proves on the trial of the proceeding that he is a co-owner of the property and entitled to the partition thereof and that the defendant is an absentee who owns an interest therein, the court shall render judgment ordering either the public sale of the property for cash by the sheriff to effect a partition, after the advertisement required by law for a sale under execution or the private sale of the property executed on behalf of the absentee or nonconsenting co-owner by a court-appointed representative, who may be a co-owner, under this Chapter and Chapter 1 of this Title, and after the advertisement required by law for a sale under execution.  B. The judgment shall determine the absentee's share in the proceeds of the sale, and award a reasonable fee to the attorney appointed to represent him to be paid from the absentee's share of the proceeds of the sale.  Acts 2020, No. 281, §2, eff. June 11, 2020; Acts 2021, No. 27, §2, eff. June 1, 2021.
LA Code Civ Pro art. 4626 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4626. Judgment ordering reimbursement or payment of amounts due co-owner out of proceeds of public sale

  A judgment ordering the public sale of property to effect a partition under the provisions of this Chapter shall order, out of the proceeds of such sale, all of the following:  (1) The reimbursement to a co-owner of the amount proven to be due the co-owner for the payment of taxes on the property, and the expenses of preservation of the property.  (2) The payment to a co-owner of the amount proven to be due the co-owner by another co-owner who has received and retained the fruits and revenues of the property.  Acts 2020, No. 281, §2, eff. June 11, 2020.
LA Code Civ Pro art. 4626.1 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4626.1. Judgment ordering reimbursement or payment of amounts due co-owner and payment and allocation of costs of private sale out of proceeds of sale

  A judgment ordering the private sale of property to effect a partition under the provisions of this Chapter shall order, out of the proceeds of such sale, all of the following:  (1) The reimbursement to a co-owner of the amount proven to be due the co-owner for the payment of taxes on the property and the expenses of preservation of the property.  (2) The payment to a co-owner of the amount proven to be due the co-owner by another co-owner who has received and retained the fruits and revenues of the property.  (3)(a) The payment of reasonable costs related to the sale, including real estate commissions, brokerage fees, appraisal costs, payments associated with the release of encumbrances and other customary closing costs, and the allocation of such costs to one or more co-owners.  (b) The court in rendering judgment shall consider whether the costs associated with the sale will be paid to any person related to the co-owners within the fourth degree or a juridical entity in which the co-owner has a direct or indirect financial interest.  Acts 2020, No. 281, §2, eff. June 11, 2020.
LA Code Civ Pro art. 4627 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4627. Effect of judgment and sale

  The judgment ordering the public sale or private sale of the property to effect a partition, and the sale made in compliance therewith, has the same force and effect as to the absentee, his succession representative and heirs, as if he had been served personally with process and the judgment had been rendered against him personally. Thereafter, the absentee, his succession representative and heirs are precluded from asserting any right, title, or interest in the property partitioned.  Acts 2020, No. 281, §2, eff. June 11, 2020.
LA Code Civ Pro art. 4628 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4628. Deposit of absentee's share into registry of court

After deducting the portion of the court costs and expenses of the sale to be paid by the absentee, the fee awarded by the court to the attorney appointed to represent him, and any amount required by the judgment to be paid a co-owner, the absentee's share of the proceeds of the sale shall be deposited into the registry of the court for the account of the absentee, his succession representative or heirs. This deposit may be withdrawn only on order of the court, in accordance with the law regulating such deposits.
LA Code Civ Pro art. 4629 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4629. Articles applicable to partition by licitation or private sale

  Article 4603, the first paragraph of Article 4605, and Articles 4607 and 4614 are applicable to a partition by licitation or a partition by private sale under the provisions of this Chapter.  Acts 2020, No. 281, §2, eff. June 11, 2020.
LA Code Civ Pro art. 4630 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4630. Partition in kind when defendant appears and prays therefor

If the property sought to be partitioned is divisible in kind, and the defendant timely answers through counsel of his own selection and prays therefor, the court shall render judgment ordering the partition to be made in kind, under the applicable provisions of Chapter 1 of this Title.
LA Code Civ Pro art. 4641 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4641. Sale of interest of minor or interdict to effect partition

A. The undivided interest of a minor or interdict in property owned in common with others may be sold to effect a partition, as provided in Articles 4301 through 4304, 4321 through 4323, 4341, 4342, and 4566. B. The interest of the minor or interdict in the property may be purchased by a co-owner.
LA Code Civ Pro art. 4642 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4642. Partition in kind, dispensing with drawing of lots when authorized by court

A. Property may be divided in kind without the necessity of drawing lots therefor when all of the co-owners who are competent agree to the proposed partition, and the court has authorized it on behalf of the incompetent co-owner, as provided in Articles 4271 and 4566. B. In such event there is no necessity for a judicial partition, and the division of the property may be made by agreement of the co-owners, with the legal representative of an incompetent co-owner executing the act of partition in behalf of the incompetent whom he represents.
LA Code Civ Pro art. 4643 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4643. Appointment of attorney for incompetent when interests conflict

  A. In any partition of property, whether in kind, by licitation, or by private sale, and whether judicial or conventional, of which an incompetent is a co-owner, and the interests of the incompetent conflict with those of his legal representative, undertutor, or undercurator, as the case may be, the court shall appoint an attorney at law to represent and act for the incompetent in the partition. If two or more incompetent co-owners whose interests conflict have the same legal representative, undertutor, or undercurator, the court shall appoint an attorney at law to represent and act for each of these incompetents in the partition.  B. For the purposes of the partition, the attorney at law so appointed shall act in lieu of, and has all of the power and authority of, the legal representative, undertutor, or undercurator referred to in Paragraph A of this Article.  Added by Acts 1962, No. 92, §6; Acts 2020, No. 281, §2, eff. June 11, 2020.
LA Code Civ Pro art. 4651 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4651. Definition

A concursus proceeding is one in which two or more persons having competing or conflicting claims to money, property, or mortgages or privileges on property are impleaded and required to assert their respective claims contradictorily against all other parties to the proceeding.
LA Code Civ Pro art. 4652 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4652. Claimants who may be impleaded

Persons having competing or conflicting claims may be impleaded in a concursus proceeding even though the person against whom the claims are asserted denies liability in whole or in part to any or all of the claimants, and whether or not their claims, or the titles on which the claims depend, have a common origin, or are identical or independent of each other. No claimant may be impleaded in a concursus proceeding whose claim has been prosecuted to judgment. No person claiming damages for wrongful death or for physical injuries may be impleaded in a concursus proceeding, except by a casualty insurer which admits liability for the full amount of the insurance coverage, and has deposited this sum into the registry of the court.
LA Code Civ Pro art. 4653 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4653. Parish where proceeding brought

A. Except as provided in the second paragraph of this article, a concursus proceeding may be brought in any parish of proper venue, under Article 42 only, as to any claimant impleaded therein. B. If the competing or conflicting claims are for money due or claimed to be due on account of, or otherwise involve, any sale, lease, or other transaction affecting or pertaining to immovable property or any character of interest therein, the proceeding shall be brought in the parish where the immovable property or any part thereof is situated. Acts 1989, No. 117, §1.
LA Code Civ Pro art. 4654 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4654. Petition

The petition in a concursus proceeding shall comply with Article 891, shall allege the nature of the competing or conflicting claims, and shall include a prayer that all of the persons having such claims be required to assert their respective claims contradictorily against all other parties to the proceeding.
LA Code Civ Pro art. 4655 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4655. Service of process; delay for answer

Service of citation and a copy of the petition in a concursus proceeding shall be made in the same form and manner, and the delays for answering are the same, as in an ordinary proceeding.
LA Code Civ Pro art. 4656 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4656. Each defendant both plaintiff and defendant; no responsive pleadings to answer; no default required

Each defendant in a concursus proceeding is considered as being both a plaintiff and a defendant with respect to all other parties. No exceptions or responsive pleadings may be filed to the answer of a defendant, and every fact alleged therein is considered as denied or avoided by effect of law as to all other parties. If a defendant fails to answer, issue need not be joined by default.
LA Code Civ Pro art. 4657 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4657. Failure of defendant to answer timely

If a defendant fails to answer within the delay allowed by law, any party may move for an ex parte order of court limiting the time in which an answer may be filed in the proceeding. In such event, the court shall order all defendants who have not answered to file their answers within a further delay to be assigned by the court, not exceeding ten days from the service or publication of the order. If not more than five defendants have failed to answer timely, a copy of this order of court shall be served on each. If more than five defendants have failed to answer timely, a notice of the order of court limiting the delay for answering shall be published once in the parish in which the proceeding was filed, in the manner provided by law. The failure of a defendant to file an answer within the delay as extended by the court precludes him thereafter from filing an answer, or from asserting his claim against the plaintiff.
LA Code Civ Pro art. 4657.1 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4657.1. Notice to attorney general when the state is a defendant

A. Notwithstanding any other provision of law to the contrary, prior to the taking of a final judgment in any concursus in which one of the defendants is the state or any of its departments, offices, boards, commissions, agencies, or instrumentalities, the notice of the order of court limiting the delay for answer, together with a copy of the petition or other demand, shall be sent by the party moving for the order to the attorney general by registered or certified mail or shall be served by the sheriff personally upon the attorney general or the first assistant attorney general at the office of the attorney general. B. If the order of court is served on the attorney general by mail, the person mailing such items shall execute and file in the record an affidavit stating that these items have been enclosed in an envelope properly addressed to the attorney general with sufficient postage affixed, and stating the date on which such envelope was deposited in the United States mails. In addition, the return receipt shall be attached to the affidavit which was filed in the record. C. If no answer is filed within fifteen days immediately following the date on which the attorney general or the first assistant attorney general received notice of the order to answer as provided herein, a judgment may be entered in the concursus proceeding as provided by law. Acts 1986, No. 480, §1.
LA Code Civ Pro art. 4658 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4658. Deposit of money into registry of court

With leave of court, the plaintiff may deposit into the registry of the court money which is claimed by the defendants, and which plaintiff admits is due one or more of the defendants. When sums of money due one or more of the defendants accrue from time to time in the hands of the plaintiff after the institution of the proceeding, with leave of court he may deposit the money as it accrues into the registry of the court. After the deposit of money into the registry of the court, the plaintiff is relieved of all liability to all of the defendants for the money so deposited.
LA Code Civ Pro art. 4659 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4659. Costs

When money has been deposited into the registry of the court by the plaintiff, neither he nor any other party shall be required to pay any of the costs of the proceeding as they accrue, but these shall be deducted from the money on deposit. The court may award the successful claimant judgment for the costs of the proceeding which have been deducted from the money on deposit, or any portion thereof, against any other claimant who contested his right thereto, as in its judgment may be considered equitable. In all other instances, the court may render judgment for costs as it considers equitable.
LA Code Civ Pro art. 4660 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4660. Injunctive relief

The court may grant the plaintiff in a concursus proceeding injunctive relief prohibiting the defendants from instituting or prosecuting in any court of this state or of the United States any other action or proceeding on the claim involved in the concursus proceeding.
LA Code Civ Pro art. 4661 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4661. Applicability of articles to proceedings under certain special statutes

  Articles 4651 through 4658, and 4662, apply to a concursus proceeding instituted under R.S. 9:4841 or R.S. 38:2243.  Articles 4651 through 4658, 4660, and 4662 apply to a proceeding instituted under R.S. 10:7-603.  Article 4660 does not apply to a proceeding brought under R.S. 9:4841 or R.S. 38:2243. Article 4659 does not apply to any proceeding brought under any of the statutes referred to in this article.
LA Code Civ Pro art. 4662 (2021)
2021 Louisiana Laws|Code of Civil Procedure|Art. 4662. Rules of ordinary proceeding applicable

Except as otherwise provided in this Title and by law, the rules applicable to an ordinary proceeding apply, so far as practicable, to a concursus proceeding.