§ Art. 3284 Order; hearing

Codes > Louisiana Code of Civil Procedure > Book I > Title III : Chapter 6 > Section 3 : Art. 3284

Art. 3284. Order; hearing

    A. If no opposition has been filed timely and the court considers the sale to be to the best interests of the succession, the court shall render an order authorizing the sale and shall fix the minimum price to be accepted. The price may be fixed exactly as the appraised value, as a fraction of the appraised value, as more than the appraised value, or as not less than the appraised value of the property. If an agreement to sell has been executed as provided in Article 3281 and the price and conditions fixed by the court are the price and conditions set in the agreement, the order of court authorizing the sale under such agreement shall fulfill the suspensive condition of the agreement, which thereafter shall be enforceable by the parties to the agreement.

    B. Nothing contained in this Article shall affect the general duties of a succession representative.

    C. An opposition shall be tried as a summary proceeding.

    D. This Article is remedial and shall be retroactive to January 1, 1961. All sales of succession property on and after January 1, 1961, made in compliance with the provisions of this Article are hereby validated.