Amy Brimah, Secretary of the CBA Real Estate Section Council, indicated that the section has done two presentations on this issue and surveyed members and have not found examples in Colorado of people losing property due to partition. The section is aware of substantial issues in other parts of the United States but Colorado does not have the same underlying laws as the states with partition of heirs property issues have, and recommended that the commission not proceed with the act. The commission asked if there would be harm if the act were enacted. Ms. Brimah indicated that part of the issue with the act is that as it is not used in Colorado, it is not understood enough to properly review its potential effect on Colorado law.
The commission will not move forward with this act, but would reconsider moving forward with it in the future if there is a need or request for it.