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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1588 By: Grego
AS INTRODUCED
An Act relating to civil procedure; amending 12 O.S.
2021, Section 93, which relates to the statute of
limitations for real property; modi fying the statute
of limitations for adverse possessio n actions; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2021, Section 93, is
amended to read as follows:
Section 93. Actions for the recovery of r eal property, or for
the determination of any adverse right or interest therein, can only
be brought within the periods hereinafter prescribed, after the
cause of action shall have accrued, and at no o ther time thereafter:
(1) An action for the recovery o f real property sold on
execution, or for the recovery of real estate partitioned by
judgment in kind, or sold, or conveyed pursuant to partition
proceedings, or other judicial sale, or an action for t he recovery
of real estate distributed under decree of district court in
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administration or probate proceedings, when brought by or on behalf
of the execution debtor or former owner, or his or their her heirs,
or any person claiming under him or them her by title acquired after
the date of the judgment or by an y person claiming to be an heir or
devisee of the decedent in whose estate such decree was rendered, or
claiming under, as successor in interest, any such heir or devisee,
within five (5) years after t he date of the recording of the deed
made in pursuance of the sale or proceeding, or within five (5)
years after the date of the entry of the final judgment of partition
in kind where no sale is had in the partitio n proceedings; or within
five (5) years after the recording of the decree of distribution
rendered by the district court in an administration or probate
proceeding; provided, however, that where any such action pertains
to real estate distributed under dec ree of district court in
administration or probate proceedings and would at the passage of
this act be barred by the terms hereof, such action may be brought
within one (1) year after the passage of this act; this proviso
shall not be construed to revive a ny action barred by paragraph 4 of
this section.
(2) An action for the recovery of real property sold by
executors, administrators, or guardians, upon an order or judgment
of a court directing such sale, brought by the heirs or devisees of
the deceased person, or the ward of his or her guardian, or any
person claiming under any or either of them, by the title acquired
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after the date of judgment or order, within five (5) years after the
date of recording of the deed made in pursuance of the sale.
(3) An action for the recovery of real property sol d for taxes,
within five (5) years after the date of th e recording of the tax
deed, except where lands exempt from taxation by reason of any Act
of the Congress of the United States of America have been sold for
taxes, in which case there shall be no limit ation; provided, nothing
herein shall be construed as r eviving any cause of action for
recovery of real property heretofore barred nor as divesting any
interest acquired by adverse possession prior to the effective date
hereof.
(4) An action for the recov ery of real property not
hereinbefore provided for, wit hin fifteen (15) years, except for all
quiet title actions based upon adverse possession , with the
operative facts supporting the claim first occurring on or a fter
November 1, 2023, shall be within five (5) years. Quiet title
actions based upon adverse po ssession, with the operative facts
supporting the claim first occurring prior to November 1, 2023 ,
shall be within fifteen (15) years.
(5) An action for the forcible entry and detention or forcible
detention only of real property, within two (2) years.
(6) Numbered paragraphs 1, 2, and 3 shall be fully operative
regardless of whether the deed or judgment or the precedent action
or proceeding upon which such de ed or judgment is based is void or
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voidable in whole or in part, for any reason, jurisdictional o r
otherwise; provided that this paragraph shall not be applied so as
to bar causes of action which have heretofore accrued, until the
expiration of one (1) yea r from and after its effective date.
SECTION 2. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON CRIMINAL JUSTICE AND CORRECTIONS,
dated 03/01/2023 - DO PASS.