§ 1501.1 Petition for partition-Contents-Proof required

Codes > Oklahoma Statutes > Title 12 > Chapter 28 > 1501.1

§ 1501.1. Petition for partition--Contents--Proof required

   A. When the object of the action is to effect a partition of real property, the petition must describe the property and the respective interests of the owners thereof, if known.

   B. 1. Except as provided for in this subsection, in any action involving the partition of a mineral estate, in addition to the requirements of subsection A of this section, the petition shall specify and the plaintiff shall establish at trial by a preponderance of the evidence that:

         a. one or more of the co-owners of the mineral estate are frustrating the development objective of the plaintiff for the estate; and

         b. an order of the Corporation Commission to pool and develop said minerals pursuant to Section 87.1 of Title 52 of the Oklahoma Statutes and a plan of unitization created pursuant to Sections 287.1 through 287.15 of Title 52 of the Oklahoma Statutes would not effectuate a realization of the development objective.

      2. The provisions of this subsection shall not apply to any action involving the partition of a mineral estate, if the person requesting the partition owns the surface estate or any part thereof and also owns an interest in the mineral estate.