- 19 - the following: (1) The fractional interests are held in a trust causing an inability to directly access any proceeds of partition; (2) the beneficial fractional interest holders were from the same family generally resulting in less agreement on a course of action;5 (3) partition suits in Louisiana require that all mineral owners be made parties to the proceeding; (4) the costs of partition might be assessed against and borne by the instigating partial interest holder; and (5) a buyer of a 14/65 or 17/65 interest would have no control and the other interests could limit profitable use or sale of the property. In this case, the property has been poorly managed by one of the beneficiaries/family members for years, and the only remedy would be to wait until other interest holders die or to attempt partition. The reasons cited by Mr. Steele do not support his conclusion for a 90-percent discount. Several of the reasons he cites were already considered in his written report to arrive at his “at least 55 percent” discount opinion. We do agree, however, with his observation that this family has experienced prior disagreement, which precipitated the creation of the trust. In addition, one family member has been allowed to independently 5 Because of Mr. Steele’s reputation and willingness to be involved in partial interests, disgruntled family members seek him out to purchase their fractional interests. In those experiences he has found that the likelihood of disagreement is greater among family members.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011