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ENGROSSED SENATE AMENDMENT
TO
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.
AMENDMENT NO. 1. Page 1, strike the title, enacting cla use and
entire bill and insert
“An Act relating to partition; amending 12 O.S. 2021,
Section 1513, which relates to sale of property;
authorizing division of property for certain
purposes; requiring sealed bid auction for certain
property upon court orde r; establishing procedures
for sealed bid auction for certain property;
authorizing court to order sale of certain property
by public auction upon certain finding; establishing
procedures for certain auction; authorizing certain
sale terms for certain prop erty; establishing
procedures for court approval of certain sale;
requiring execution and delivery of deeds by sheriff
under certain circumstances; defining term; updating
statutory language; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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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 two or more of the parties
elect to take the same property at the valuation, in opposition to
each other, the court shall make an order directing the sale of the
property. Upon agreement of all parties, the court may partition a
portion of the property in kind and order the b alance of the
property to be partitioned by sale. If the court order directs the
sale due to two or more opposing parties electing to take the
property at the same valuation, the court shall hold a sealed bid
auction between or among the opposing parties. The court shall set
a date, not less than ten (10) days after the closing of the
election to take the property at valuation, by which the parties
shall submit a sealed bid to the court of their best and final offer
for the property, which shall be at lea st the appraised value set by
the commissioners. The court shall set a hearing to open all sealed
bids, the property shall be sold to the party submitting the highest
bid and, upon the court’s final approval and confirmation of the
sale, the sheriff shall execute and deliver one or more sheriff’s
deed or deeds in accordance with the order of the court . Unless the
court orders a sale by public auction conducted by an auctioneer
pursuant to subsection B of this section, the court shall direct the
sheriff of the county to sell the same, property in the same manner
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as in sales of real estate on execution; 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. 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. Upon the request of a 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 sales of
real estate on execution. Any sale by an auctioneer pursuant to
this subsection shall be conducted in a manner consist ent 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 land into multiple tracts for
purposes of the auction; or
3. Selling multiple tracts separately or in one or more
combinations in a manner resulting in the highest total price.
After the auction, any party may report the auction results to the
court and, upon the court’s final approval and confirmation of the
sale, the sheriff shall execute and deliver one or more sheriff’s
deed or deeds in accordance with the order of the court.
C. For purposes of this section, “auctioneer” means an
individual or company that is licensed to sell real estate in this
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state and engaged in the business of selling real estate by public
auction.
SECTION 2. This act shall become effective November 1, 2024. ”
Passed the Senate the 24th day of April, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2024.
Presiding Officer of the House
of Representatives
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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 3. 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 subse ction 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 ma y 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 auctioneer 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 an y 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 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 4. 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