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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3467 By: Moore of the House
and
Howard of the Senate
AS INTRODUCED
An Act relating to civil procedure; amending 12 O.S.
2021, Section 1513, which relates to partition by
sale; providing for some property to be divided in
kind while remaining property to be portioned by
sale; providing procedure for subdividing property;
providing procedure for sale; defining term; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAH OMA:
SECTION 1. AMENDATORY 12 O.S. 2021, Section 1513, is
amended to read as follows:
Section 1513. A. If none of the parties elect to take the property
at the valuation, or if several of the parties elect to take the
same at the valuation, in opposition to each other , the court shall
make an order directing the sale of the property. Unless the court
orders a sale by public auction conducted by an auctioneer pursuant
to subsection C of this Section 1513, the court shall direct t he
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sheriff of the county to sell the same , in the same manner as in
sales of real estate on execution property in the same manner as in
sales of real estate on executio n; but no sale (whether by sheriff
or auctioneer) shall be made at less than two -thirds (2/3) of the
valuation placed upon the property by the commissioners.
B. The Court may, upon the parties' agreement, partition some
of the property in kind and order the balance of the property to be
partitioned by sale.
C. Any property to be partitioned by sale may be sold at a
public auction conducted by a n auctioneer, in lieu of a sale by
sheriff, in accordance with the provisions of this subsection C.
Upon the request of an interested party, the court may order a sale
of the property at a p ublic auction conducted by an auctioneer if
the court finds that s uch sale is likely to result in a higher
aggregate net price than a sale by sheriff using the procedures for
sales of real estate on execution. Any sale by an auctione er
pursuant to this sub section shall be conducted in a manner
consistent with the auctio n procedures and sale terms approved by
the court, which may include provisions for: (1) offering
noncontiguous land as separate tracts; (2) dividing any contiguous
land into multiple tracts for purposes of the auction; and/or (3)
selling multiple tracts separately and/or in one or more
combinations in a manner resulting in the highest total price.
After the auction, any interested party may report the auction
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results to the court and, upon th e court’s final approval and
confirmation of the sale, the sher iff shall execute and deliver one
or more sheriff’s deed(s) in accordance with the order of the court.
D. For purposes of this section, “auctioneer” means an
individual or company that is licensed to sell real estate in the
State of Oklahoma and engaged i n the business of selling real estate
by public auction.
SECTION 2. This act shall become effect ive November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CIVIL, dated
02/15/2024 - DO PASS, As Coauthored.