(A153, R158, H3325) 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 TO HEIRS’ PROPERTY ACT”; DEFINE NECESSARY TERMS; TO PROVIDE FOR A PRELIMINARY HEARING TO DETERMINE WHETHER THE PROPERTY IN AN ACTION TO PARTITION REAL PROPERTY IS PROPERTY; TO PROVIDE FOR NOTICE BY HEIRS’ 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 OPENMARKET SALES, SEALED BIDS, OR AUCTIONS, TO DESIGNATE THE EXISTING PROVISIONS OF CHAPTER 61 AS ARTICLE 1; TO AMEND SECTION 156110, RELATING TO PARTITION ACTIONS, SO AS TO PROVIDE FOR A COURT HEARING TO DETERMINE IF THE PARTITION ACTION CONCERNS PROPERTY; AND TO AMEND SECTION 1561100, HEIRS’ RELATING TO WRITS OF PARTITION, SO AS TO DELETE OBSOLETE REFERENCES. Be it enacted by the General Assembly of the State of South Carolina: Clementa C. Pinckney Uniform Partition of Property Act Heirs’ enacted SECTION 1. Chapter 61, Title 15 of the 1976 Code is amended by adding: 3 “Article Clementa C. Pinckney Uniform Partition of Property Act Heirs’ Section 1561310. This article may be cited as the C. ‘Clementa Pinckney Uniform Partition of Property Heirs’ Act’. Section 1561320. As used in this article: (1) ‘Ascendant’ means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual.
(A153, R158, H3325) 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 OPENMARKET SALES, SEALED BIDS, OR AUCTIONS, TO DESIGNATE THE EXISTING PROVISIONS OF CHAPTER 61 AS ARTICLE 1; TO AMEND SECTION 156110, 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 1561100, RELATING TO WRITS OF PARTITION, SO AS TO DELETE OBSOLETE REFERENCES. Be it enacted by the General Assembly of the State of South Carolina: Clementa C. Pinckney Uniform Partition of Heirs’ Property Act enacted SECTION 1. Chapter 61, Title 15 of the 1976 Code is amended by adding: “Article 3 Clementa C. Pinckney Uniform Partition of Heirs’ Property Act Section 1561310. This article may be cited as the ‘Clementa C. Pinckney Uniform Partition of Heirs’ Property Act’. Section 1561320. As used in this article: (1) ‘Ascendant’ means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual.
3325.docx