Detailed answer

Short answer: Under Louisiana law, you can ask the court in a partition (licitation) proceeding to appoint a commissioner or agent to handle a private sale, but the court must approve that procedure. A judge will weigh whether partition in kind is possible, whether a private sale is fair and in the best interest of all co‑owners, and whether adequate notice, appraisal, and procedural safeguards have been satisfied before authorizing a private sale or confirming sale proceeds.

How this works in Louisiana — plain language overview

Partition cases in Louisiana generally require the court to divide or sell property owned by two or more co‑owners. Courts prefer partition in kind (dividing the property) when it is practicable and fair. If dividing the property is not possible or would be inequitable, the court can order a sale (commonly called licitation). A court frequently appoints a commissioner, licator, or other official to manage the sale process, whether that sale is public (auction) or private.

When a commissioner can be appointed for a private sale

You may ask the court to appoint a commissioner to supervise a private sale when one or more of the following apply:

Partition in kind is impracticable or would result in manifest injustice to co‑owners.
The co‑owners agree to a private sale but need court approval to clear title and allocate proceeds.
A proposed private sale offers a demonstrably better result than a public auction (higher net price, lower costs, or preservation of value).

The court will not automatically approve a private sale simply because a party asks for it. Judges require evidence that the sale is reasonable, that interested parties received notice, and that the price or sale process is fair and transparent.

Typical steps and what the court expects

File a motion: File a written motion asking the court to appoint a commissioner and to authorize a private sale. Include the proposed order and a description of the buyer and the sale terms.
Disclose the buyer and terms: Identify the proposed buyer, any relationship to the seller or parties (the court scrutinizes insider sales), and all key terms (price, contingencies, closing date, financing).
Provide an appraisal or market evidence: Submit an independent appraisal or comparable sales showing the price is fair. Courts want assurance the private sale will obtain fair market value.
Give notice: Provide statutorily or court‑ordered notice to all co‑owners, lienholders, and other interested parties so they can object or bid on the property.
Proposed commissioner’s duties: Ask the court to specify the commissioner’s powers — e.g., advertise or not, collect offers, enter into contract in the name of the court, obtain clearing title documents, and report results to the court.
Hearing and confirmation: The court will usually set a hearing to consider objections and to confirm the sale or the commissioner’s report. The judge may reject the sale if it appears unfair or if the process was deficient.
Distribution and recordation: After confirmation, the clerk will handle distribution of proceeds and the commissioner (or the parties) will produce instruments to transfer title and record them.

Special considerations the court will examine

Insider or related‑party sales: Sales to co‑owners, relatives, or parties with a connection to the purchaser face extra scrutiny. The court may require a higher showing of fairness and may demand an independent appraisal or sealed bids to protect other owners.
Creditors and mortgages: Liens, mortgages, and other encumbrances must be identified. The commissioner’s sale should address outstanding liens, or the court will instruct how proceeds are applied.
Costs and commission: The court can set the commissioner’s compensation and allocate costs among the parties before distributing net proceeds.
Objections and remedies: Co‑owners can object at the confirmation hearing. If the court finds the sale process unfair, it can deny confirmation and order a public licitation or require a new procedure.

Practical example (hypothetical fact pattern)

Suppose three co‑owners own a single commercial parcel that cannot be divided without destroying its value. One co‑owner has a ready buyer willing to pay a price slightly above market, but the other co‑owners worry the sale is underpriced and the buyer is related to the selling co‑owner. The selling co‑owner files a motion asking the court to appoint a commissioner to complete a private sale to the proposed buyer and to confirm the sale.

The court will likely require an independent appraisal, full disclosure of the buyer’s relationship to parties, notice to all co‑owners and lienholders, and a confirmation hearing. If the court concludes the price and process are fair and all parties had an opportunity to be heard, it may appoint a commissioner to execute the sale and later confirm the sale at hearing. If not, the court may order a public sale or require sealed bids.

What to include in your motion to improve chances of approval

Independent appraisal or market analysis supporting the sale price.
Full disclosure of buyer identity and any relationships or side agreements.
Proposed order appointing a named commissioner with clear duties and compensation.
Proposed notice plan for co‑owners, lienholders, and occupiers.
Suggested timeline for closing and for the confirmation hearing.

Where to look for statutory procedure and local rules: The Louisiana State Legislature maintains the state statutes and procedural rules online (see https://legis.la.gov/). Local courts may have internal rules or forms for partition and licitation matters, and some judicial districts provide local practice guides.

Summary

You can request that the court appoint a commissioner to handle a private sale in a Louisiana partition action, but the court controls whether a private sale will be authorized. The judge will require disclosure, evidence the sale is fair and in the best interest of the co‑owners, proper notice to interested parties, and a method to confirm the sale. Sales to insiders receive particular scrutiny. The safer route is a well‑documented motion showing market value, full disclosure, and proposed procedural safeguards.

Disclaimer: This article provides general information about Louisiana law and court procedure and is not legal advice. It does not create an attorney‑client relationship. For advice tailored to your situation, consult a licensed Louisiana attorney experienced in partition and real property litigation.

Helpful Hints

Start with an independent appraisal; courts rely heavily on objective valuation evidence.
Disclose any relationship between buyer and seller up front; surprises undermine trust and increase the chance of rejection.
Propose a named, neutral commissioner (often an attorney or title agent) and a clear, limited set of powers.
Provide full notice to all co‑owners, lienholders, and occupants well before a confirmation hearing.
Anticipate objections: address fairness, price, and lien payoff in your motion.
If parties agree to a private sale, get that agreement in writing and submit it to the court as part of your filing.
Talk to local counsel early — local judges and clerks have preferred procedures and forms that speed approval.