- 21 - accurately predict that partition will be necessary. It is possible that the remaining family members may be open to dividing or managing the property in accord with a new owner’s wishes. Conversely, it is also possible that the remaining family members will be adverse to a new owner’s wishes. Here, the estates have shown that, under Louisiana law, there are uncertainties and disabilities associated with an undivided minority interest in property. That is especially true here where the property is held in trust and where the family members have previously experienced difficulties and have allowed one family member to manage the properties without holding him to a high standard. It has also been shown that the family members placed the property into trust in order to keep the property in their family. The circumstances that would have been perceived by a willing buyer indicate that the remaining family members would be resistant to and make it difficult for an outside buyer. We reach this conclusion, in part, on the basis of the family’s propensity to allow poor management of the timberland to their own financial detriment. Accordingly, some additional discount is appropriate on the basis of the record in this case. The evidence, experts’ reports, and other testimony reflect that the market for partial interests was extremely limited. One of petitioners’ experts, Mr. Steele, was the buyer of many such properties. His experiences reflected that partition under thePage: 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