1 STATE OF OKLAHOMA
1
2 2nd Session of the 59th Legislature (2024)
2
3 HOUSE BILL 3467 By: Moore
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to civil procedure; amending 12 O.S.
7 2021, Section 1513, which relates to partition by
8 sale; providing for some property to be divided in
8 kind while remaining property to be portioned by
9 sale; providing procedure for subdividing property;
9 providing procedure for sale; defining term; and
10 providing an effective date.
10
11
11
12
12
13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
13
14 SECTION 1. AMENDATORY 12 O.S. 2021, Section 1513, is
14
15 amended to read as follows:
15
16 Section 1513. A. If none of the parties elect to take the property
16
17 at the valuation, or if several of the parties elect to take the
17
18 same at the valuation, in opposition to each other, the court shall
18
19 make an order directing the sale of the property. Unless the court
19
20 orders a sale by public auction conducted by an auctioneer pursuant
20
21 to subsection C of this Section 1513, the court shall direct the
21
22 sheriff of the county to sell the same, in the same manner as in
22
23 sales of real estate on execution property in the same manner as in
23
24 sales of real estate on execution; but no sale (whether by sheriff
24
Req. No. 8786 Page 1
 1 or auctioneer) shall be made at less than two-thirds (2/3) of the
1
2 valuation placed upon the property by the commissioners.
2
3 B. The Court may, upon the parties' agreement, partition some
3
4 of the property in kind and order the balance of the property to be
4
5 partitioned by sale.
5
6 C. Any property to be partitioned by sale may be sold at a
6
7 public auction conducted by an auctioneer, in lieu of a sale by
7
8 sheriff, in accordance with the provisions of this subsection C.
8
9 Upon the request of an interested party, the court may order a sale
9
10 of the property at a public auction conducted by an auctioneer if
10
11 the court finds that such sale is likely to result in a higher
11
12 aggregate net price than a sale by sheriff using the procedures for
12
13 sales of real estate on execution. Any sale by an auctioneer
13
14 pursuant to this subsection shall be conducted in a manner
14
15 consistent with the auction procedures and sale terms approved by
15
16 the court, which may include provisions for: (1) offering
16
17 noncontiguous land as separate tracts; (2) dividing any contiguous
17
18 land into multiple tracts for purposes of the auction; and/or (3)
18
19 selling multiple tracts separately and/or in one or more
19
20 combinations in a manner resulting in the highest total price.
20
21 After the auction, any interested party may report the auction
21
22 results to the court and, upon the court’s final approval and
22
23 confirmation of the sale, the sheriff shall execute and deliver one
23
24 or more sheriff’s deed(s) in accordance with the order of the court.
24
Req. No. 8786 Page 2
 1 D. For purposes of this section, “auctioneer” means an
1
2 individual or company that is licensed to sell real estate in the
2
3 State of Oklahoma and engaged in the business of selling real estate
3
4 by public auction.
4
5 SECTION 2. This act shall become effective November 1, 2024.
5
6
6
7 59-2-8786 JL 01/16/24
7
8
8
9
9
10
10
11
11
12
12
13
13
14
14
15
15
16
16
17
17
18
18
19
19
20
20
21
21
22
22
23
23
24
24
Req. No. 8786 Page 3