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ENGROSSED HOUSE
BILL NO. 3467 By: Moore of the House
and
Howard of the Senate
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, the court shall
direct the 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
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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 an auctioneer, in lieu of a sale by
sheriff, in accordance with the provisions of this subsection . Upon
the request of an interested party, the court may order a sale of
the property at a public auction conducted by an auctioneer if the
court finds that such sale is likely to result in a higher aggregate
net price than a sale by sheriff using the procedures for sale s of
real estate on execution. Any sale by an auctione er pursuant to
this subsection shall be conducted in a manner consistent with the
auction procedures and sale terms approved by the court, which may
include provisions for: (1) offering noncontiguous land as separate
tracts; (2) dividing any contiguous lan d into multiple tracts for
purposes of the auction; and/or (3) selling multiple tracts
separately and/or in one or more combinations in a m anner resulting
in the highest total price. After the auction, any interested party
may report the auction results to the court and, upon th e court’s
final approval and confirmation of the sale, the sheriff shall
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execute and deliver one or more sheriff’s d eed(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 in the business of selling real estate
by public auction.
SECTION 2. This act shall become effect ive November 1, 2024.
Passed the House of Representatives the 27th day of February,
2024.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2024.
Presiding Officer of the Senate