Oklahoma 2023 Regular Session

Oklahoma House Bill HB1588 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	HB1588 HFLR Page 1
4		-	BOLD FACE denotes Committee Amendments. 1
	3	+	Req. No. 5077 Page 1 1
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31	28		STATE OF OKLAHOMA
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33	30		1st Session of the 59th Legislature (2023)
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35	32		HOUSE BILL 1588 By: Grego
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41	38		AS INTRODUCED
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43	40		An Act relating to civil procedure; amending 12 O.S.
44	41		2021, Section 93, which relates to the statute of
45	42		limitations for real property; modi fying the statute
46	43		of limitations for adverse possessio n actions; and
47	44		providing an effective date.
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53	50		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
54	51		SECTION 1. AMENDATORY 12 O.S. 2021, Section 93, is
55	52		amended to read as follows:
56	53		Section 93. Actions for the recovery of r eal property, or for
57	54		the determination of any adverse right or interest therein, can only
58	55		be brought within the periods hereinafter prescribed, after the
59	56		cause of action shall have accrued, and at no o ther time thereafter:
60	57		(1) An action for the recovery o f real property sold on
61	58		execution, or for the recovery of real estate partitioned by
62	59		judgment in kind, or sold, or conveyed pursuant to partition
63	60		proceedings, or other judicial sale, or an action for t he recovery
64	61		of real estate distributed under decree of district court in
	62	+	administration or probate proceedings, when brought by or on behalf
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66		-	HB1588 HFLR Page 2
67		-	BOLD FACE denotes Committee Amendments. 1
	64	+	Req. No. 5077 Page 2 1
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92		-	administration or probate proceedings, when brought by or on behalf
93	89		of the execution debtor or former owner, or his or their her heirs,
94	90		or any person claiming under him or them her by title acquired after
95	91		the date of the judgment or by an y person claiming to be an heir or
96	92		devisee of the decedent in whose estate such decree was rendered, or
97	93		claiming under, as successor in interest, any such heir or devisee,
98	94		within five (5) years after t he date of the recording of the deed
99	95		made in pursuance of the sale or proceeding, or within five (5)
100	96		years after the date of the entry of the final judgment of partition
101	97		in kind where no sale is had in the partition proceedings; or within
102	98		five (5) years after the recording of the decree of distribution
103	99		rendered by the district court in an administration or probate
104	100		proceeding; provided, however, that where any such action pertains
105	101		to real estate distributed under decree of district court in
106	102		administration or probate proceedings and would at the passage of
107	103		this act be barred by the terms hereof, such action may be brought
108	104		within one (1) year after the passage of this act; this proviso
109	105		shall not be construed to revive any action barred by paragraph 4 of
110	106		this section.
111	107		(2) An action for the recovery of real property sold by
112	108		executors, administrators, or guardians, upon an order or judgment
113	109		of a court directing such sale, brought by the heirs or devisees of
114	110		the deceased person, or the ward of his or her guardian, or any
115	111		person claiming under any or either of them, by the title acquired
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117		-	HB1588 HFLR Page 3
118		-	BOLD FACE denotes Committee Amendments. 1
	113	+	Req. No. 5077 Page 3 1
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143	138		after the date of judgment or order, within five (5) years after the
144	139		date of recording of the deed made in pursuance of the sale.
145	140		(3) An action for the recovery of real property sol d for taxes,
146	141		within five (5) years after the date of th e recording of the tax
147	142		deed, except where lands exempt from taxation by reason of any Act
148	143		of the Congress of the United States of America have been sold for
149	144		taxes, in which case there shall be no limit ation; provided, nothing
150	145		herein shall be construed as r eviving any cause of action for
151	146		recovery of real property heretofore barred nor as divesting any
152	147		interest acquired by adverse possession prior to the effective date
153	148		hereof.
154	149		(4) An action for the recov ery of real property not
155	150		hereinbefore provided for, wit hin fifteen (15) years, except for all
156	151		quiet title actions based upon adverse possession , with the
157	152		operative facts supporting the claim first occurring on or after
158	153		November 1, 2023, shall be within five (5) years. Quiet title
159	154		actions based upon adverse po ssession, with the operative facts
160	155		supporting the claim first occurring prior to November 1, 2023 ,
161	156		shall be within fifteen (15) years.
162	157		(5) An action for the forcible entry and detention or forcible
163	158		detention only of real property, within two (2) years.
164	159		(6) Numbered paragraphs 1, 2, and 3 shall be fully operative
165	160		regardless of whether the deed or judgment or the precedent action
166	161		or proceeding upon which such deed or judgment is based is void or
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168		-	HB1588 HFLR Page 4
169		-	BOLD FACE denotes Committee Amendments. 1
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194	188		voidable in whole or in part, for any reason, jurisdictional o r
195	189		otherwise; provided that this paragraph shall not be applied so as
196	190		to bar causes of action which have heretofore accrued, until the
197	191		expiration of one (1) year from and after its effective date.
198	192		SECTION 2. This act shall become effective November 1, 2023.
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200		-	COMMITTEE REPORT BY: COMMITTEE ON CRIMINAL JUSTICE AND CORRECTIONS,
201		-	dated 03/01/2023 - DO PASS.
	194	+	59-1-5077 JL 11/22/22