2FB7581DEF4DB2F8872584CB005B7572 Hearing Summary

Jean Arnold, Vice Chair of CBA Real Estate Section, spoke for herself and as a member of a recently formed CBA task force on the act. The CBA does not yet have a position on this act. Ms. Arnold pointed out that the partition remedy can come through several different portals – such as family law, trusts & estates, business divorce, or natural resources. The Real Estate Section is taking the lead on looking at this act, but as the act will apply to more than property and real estate law, other sections will need to be consulted before it can go to the CBA legislative policy committee for consideration. Commissioners questioned whether the act was written to apply just to the probate process and Ms. Arnold answered that the definition of heirs' property in the act is very broad and could apply to other areas of law. In addition, the act doesn't take into account some of the issues in partition hearings that are currently addressed through Colorado statute and case law. She stated that the task force is intrigued with the remedy this act offers, it's just a matter of squaring it with current law. Also, in Colorado, mineral and water rights applications under the act will need to be considered carefully. The commission asked about the volume of heirs' partition cases in Colorado and encouraged the task force to keep any changes to the uniform act minimal. Ms. Arnold stated that the task force needs to reach out to more of the rural areas to get a better idea of the volume of partition cases in Colorado and that although some tweaks are anticipated, it's too early for the task force to know if more substantial changes might be needed. The commission thanked the CBA for its time on this act.

Commissioner Tipper moved to table consideration of Uniform Partition of Heirs Property Act for this year and to consider it for the 2021 legislative session. Commissioner Whitfield seconded and the motion passed without objection.