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| 3 | + | ENGR. S. A. TO ENGR. H. B. NO. 3467 Page 1 1 | |
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| 28 | + | ENGROSSED SENATE AMENDMENT | |
| 29 | + | TO | |
| 30 | + | ENGROSSED HOUSE | |
| 3 | 31 | BILL NO. 3467 By: Moore of the House | |
| 4 | 32 | ||
| 5 | 33 | and | |
| 6 | 34 | ||
| 7 | 35 | Howard of the Senate | |
| 8 | 36 | ||
| 9 | 37 | ||
| 10 | 38 | ||
| 11 | - | An Act relating to partition; amending 12 O.S. 2021, | |
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| 40 | + | An Act relating to civil procedure; amending 12 O.S. | |
| 41 | + | 2021, Section 1513, which relates to partition by | |
| 42 | + | sale; providing for some property to be divided in | |
| 43 | + | kind while remaining property to be portioned by | |
| 44 | + | sale; providing procedure for subdividing property; | |
| 45 | + | providing procedure for sale; defining term; and | |
| 46 | + | providing an effective date. | |
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| 52 | + | AMENDMENT NO. 1. Page 1, strike the title, enacting cla use and | |
| 53 | + | entire bill and insert | |
| 54 | + | ||
| 55 | + | ||
| 56 | + | “An Act relating to partition; amending 12 O.S. 2021, | |
| 12 | 57 | Section 1513, which relates to sale of property; | |
| 13 | 58 | authorizing division of property for certain | |
| 14 | 59 | purposes; requiring sealed bid auction for certain | |
| 15 | 60 | property upon court orde r; establishing procedures | |
| 16 | 61 | for sealed bid auction for certain property; | |
| 17 | 62 | authorizing court to order sale of certain property | |
| 18 | 63 | by public auction upon certain finding; establishing | |
| 19 | 64 | procedures for certain auction; authorizing certain | |
| 20 | 65 | sale terms for certain prop erty; establishing | |
| 21 | 66 | procedures for court approval of certain sale; | |
| 22 | 67 | requiring execution and delivery of deeds by sheriff | |
| 23 | - | under certain circumstances; defining term; | |
| 24 | - | providing an effective date. | |
| 68 | + | under certain circumstances; defining term; updating | |
| 69 | + | statutory language; and providing an effective date. | |
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| 74 | + | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
| 30 | 75 | ||
| 31 | - | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
| 76 | + | ENGR. S. A. TO ENGR. H. B. NO. 3467 Page 2 1 | |
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| 32 | 100 | ||
| 33 | 101 | SECTION 1. AMENDATORY 12 O.S. 2021, Section 1513, is | |
| 34 | 102 | amended to read as follows: | |
| 35 | - | ||
| 36 | 103 | Section 1513. A. If none of the parties elect to take the | |
| 37 | 104 | property at the valuation , or if several two or more of the parties | |
| 38 | 105 | elect to take the same property at the valuation, in opposition to | |
| 39 | 106 | each other, the court shall make an order directing the sale of the | |
| 40 | 107 | property. Upon agreement of all parties, the court may partition a | |
| 41 | 108 | portion of the property in kind and order the b alance of the | |
| 42 | 109 | property to be partitioned by sale. If the court order directs the | |
| 43 | 110 | sale due to two or more opposing parties electing to take the | |
| 44 | 111 | property at the same valuation, the court shall hold a sealed bid | |
| 45 | 112 | auction between or among the opposing parties. The court shall set | |
| 46 | - | a date, not less than ten (10) days after the closing of the | |
| 113 | + | a date, not less than ten (10) days after the closing of the | |
| 47 | 114 | election to take the property at valuation, by which the parties | |
| 48 | 115 | shall submit a sealed bid to the court of their best and final offer | |
| 49 | 116 | for the property, which shall be at lea st the appraised value set by | |
| 50 | 117 | the commissioners. The court shall set a hearing to open all sealed | |
| 51 | 118 | bids, the property shall be sold to the party submitting the highest | |
| 52 | 119 | bid and, upon the court’s final approval and confirmation of the | |
| 53 | 120 | sale, the sheriff shall execute and deliver one or more sheriff’s | |
| 54 | 121 | deed or deeds in accordance with the order of the court . Unless the | |
| 55 | 122 | court orders a sale by public auction conducted by an auctioneer | |
| 56 | 123 | pursuant to subsection B of this section, the court shall direct the | |
| 57 | 124 | sheriff of the county to sell the same, property in the same manner | |
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| 126 | + | ENGR. S. A. TO ENGR. H. B. NO. 3467 Page 3 1 | |
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| 58 | 151 | as in sales of real estate on execution; but no sale, whether by | |
| 59 | 152 | sheriff or auctioneer, shall be made at less than two -thirds (2/3) | |
| 60 | 153 | of the valuation placed upon the property by the commissioners. | |
| 61 | - | ||
| 62 | 154 | B. Any property to be partitioned by sale may be sold at a | |
| 63 | 155 | public auction conducted by an auctioneer in lieu of a sale by | |
| 64 | 156 | sheriff. Upon the request of a party, the court may order a sale of | |
| 65 | 157 | the property at a public auction conducted by an auctioneer if the | |
| 66 | 158 | court finds that such sale is likely to result in a higher aggregate | |
| 67 | 159 | net price than a sale by sheriff using the procedures for sales of | |
| 68 | 160 | real estate on execution. Any sale by an auctioneer pursuant to | |
| 69 | 161 | this subsection shall be conducted in a manner consist ent with the | |
| 70 | 162 | auction procedures and sale terms approved by the court, which may | |
| 71 | 163 | include provisions for : | |
| 72 | - | ||
| 73 | 164 | 1. Offering noncontiguous land as separate tracts; | |
| 74 | - | ||
| 75 | 165 | 2. Dividing any contiguous land into multiple tracts for | |
| 76 | 166 | purposes of the auction; or | |
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| 78 | 167 | 3. Selling multiple tracts separately or in one or more | |
| 79 | 168 | combinations in a manner resulting in the highest total price. | |
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| 81 | - | After the auction, any party may report the auction results to | |
| 82 | - | the court and, upon the court’s fi nal approval and confirmation of | |
| 83 | - | the sale, the sheriff shall execute and deliver one or more | |
| 84 | - | sheriff’s deed or deeds in accordance with the order of the court. | |
| 85 | - | ||
| 169 | + | After the auction, any party may report the auction results to the | |
| 170 | + | court and, upon the court’s final approval and confirmation of the | |
| 171 | + | sale, the sheriff shall execute and deliver one or more sheriff’s | |
| 172 | + | deed or deeds in accordance with the order of the court. | |
| 86 | 173 | C. For purposes of this section, “auctioneer” means an | |
| 87 | 174 | individual or company that is licensed to sell real estate in this | |
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| 176 | + | ENGR. S. A. TO ENGR. H. B. NO. 3467 Page 4 1 | |
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| 88 | 201 | state and engaged in the business of selling real estate by public | |
| 89 | 202 | auction. | |
| 203 | + | SECTION 2. This act shall become effective November 1, 2024. ” | |
| 204 | + | Passed the Senate the 24th day of April, 2024. | |
| 90 | 205 | ||
| 91 | - | SECTION 2. This act shall become effective November 1, 2024. ENR. H. B. NO. 3467 Page 3 | |
| 92 | - | Passed the House of Representatives the 9th day of May, 2024. | |
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| 208 | + | Presiding Officer of the Senate | |
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| 211 | + | Passed the House of Representatives the ____ day of __________, | |
| 212 | + | 2024. | |
| 213 | + | ||
| 214 | + | ||
| 215 | + | ||
| 216 | + | Presiding Officer of the House | |
| 217 | + | of Representatives | |
| 218 | + | ||
| 219 | + | ENGR. H. B. NO. 3467 Page 1 1 | |
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| 244 | + | ENGROSSED HOUSE | |
| 245 | + | BILL NO. 3467 By: Moore of the House | |
| 246 | + | ||
| 247 | + | and | |
| 248 | + | ||
| 249 | + | Howard of the Senate | |
| 250 | + | ||
| 251 | + | ||
| 252 | + | ||
| 253 | + | ||
| 254 | + | ||
| 255 | + | ||
| 256 | + | An Act relating to civil procedure; amending 12 O.S. | |
| 257 | + | 2021, Section 1513, which relates to partition by | |
| 258 | + | sale; providing for some property to be divided in | |
| 259 | + | kind while remaining property to be portioned by | |
| 260 | + | sale; providing procedure for subdividing property; | |
| 261 | + | providing procedure for sale; defining term; and | |
| 262 | + | providing an effective date. | |
| 263 | + | ||
| 264 | + | ||
| 265 | + | ||
| 266 | + | ||
| 267 | + | ||
| 268 | + | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAH OMA: | |
| 269 | + | SECTION 3. AMENDATORY 12 O.S. 2021, Section 1513, is | |
| 270 | + | amended to read as follows: | |
| 271 | + | Section 1513. A. If none of the parties elect to take the | |
| 272 | + | property at the valuation, or if several of the parties elect to | |
| 273 | + | take the same at the valuation, in opposition to each other, the | |
| 274 | + | court shall make an order directing the sale of the property. | |
| 275 | + | Unless the court orders a sale by public auction conducted by an | |
| 276 | + | auctioneer pursuant to subse ction C of this section, the court shall | |
| 277 | + | direct the sheriff of the county to sell the same, in the same | |
| 278 | + | manner as in sales of real estate on execution property in the same | |
| 279 | + | manner as in sales of real estate on executio n; but no sale (whether | |
| 280 | + | ||
| 281 | + | ENGR. H. B. NO. 3467 Page 2 1 | |
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| 306 | + | by sheriff or auctioneer) shall be made at less than two -thirds | |
| 307 | + | (2/3) of the valuation placed upon the property by the | |
| 308 | + | commissioners. | |
| 309 | + | B. The court may, upon the parties' agreement, partition some | |
| 310 | + | of the property in kind and order the balance of the property to be | |
| 311 | + | partitioned by sale. | |
| 312 | + | C. Any property to be partitioned by sale may be sold at a | |
| 313 | + | public auction conducted by an auctioneer, in lieu of a sale by | |
| 314 | + | sheriff, in accordance with the provisions of this subsection . Upon | |
| 315 | + | the request of an interested party, the court ma y order a sale of | |
| 316 | + | the property at a public auction conducted by an auctioneer if the | |
| 317 | + | court finds that such sale is likely to result in a higher aggregate | |
| 318 | + | net price than a sale by sheriff using the procedures for sale s of | |
| 319 | + | real estate on execution. Any sale by an auctioneer pursuant to | |
| 320 | + | this subsection shall be conducted in a manner consistent with the | |
| 321 | + | auction procedures and sale terms approved by the court, which may | |
| 322 | + | include provisions for: (1) offering noncontiguous land as separate | |
| 323 | + | tracts; (2) dividing an y contiguous land into multiple tracts for | |
| 324 | + | purposes of the auction; and/or (3) selling multiple tracts | |
| 325 | + | separately and/or in one or more combinations in a m anner resulting | |
| 326 | + | in the highest total price. After the auction, any interested party | |
| 327 | + | may report the auction results to the court and, upon th e court’s | |
| 328 | + | final approval and confirmation of the sale, the sheriff shall | |
| 329 | + | ||
| 330 | + | ENGR. H. B. NO. 3467 Page 3 1 | |
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| 355 | + | execute and deliver one or more sheriff’s d eed(s) in accordance with | |
| 356 | + | the order of the court. | |
| 357 | + | D. For purposes of this section, “auctioneer” means an | |
| 358 | + | individual or company that is licensed to sell real estate in the | |
| 359 | + | State of Oklahoma and engaged in the business of selling real estate | |
| 360 | + | by public auction. | |
| 361 | + | SECTION 4. This act shall become effect ive November 1, 2024. | |
| 362 | + | Passed the House of Representatives the 27th day of February, | |
| 363 | + | 2024. | |
| 364 | + | ||
| 93 | 365 | ||
| 94 | 366 | ||
| 95 | 367 | ||
| 96 | 368 | Presiding Officer of the House | |
| 97 | 369 | of Representatives | |
| 98 | 370 | ||
| 99 | 371 | ||
| 372 | + | Passed the Senate the ___ day of __________, 2024. | |
| 100 | 373 | ||
| 101 | - | Passed the Senate the 24th day of April, 2024. | |
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| 104 | 376 | ||
| 105 | 377 | Presiding Officer of the Senate | |
| 106 | 378 | ||
| 107 | 379 | ||
| 108 | 380 | ||
| 109 | - | OFFICE OF THE GOVERNOR | |
| 110 | - | Received by the Office of the Governor this ____________________ | |
| 111 | - | day of ___________________, 20__ _____, at _______ o'clock _______ M. | |
| 112 | - | By: _________________________________ | |
| 113 | - | Approved by the Governor of the State of Oklahoma this _____ ____ | |
| 114 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
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| 116 | - | ||
| 117 | - | _________________________________ | |
| 118 | - | Governor of the State of Oklahoma | |
| 119 | - | ||
| 120 | - | OFFICE OF THE SECRETARY OF STATE | |
| 121 | - | Received by the Office of the Secretary of State this __________ | |
| 122 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
| 123 | - | By: _________________________________ |