Okla. Stat. tit. 12, § 12-1483
This is the official text of Okla. Stat. tit. 12, § 12-1483, part of Oklahoma’s Stat. tit. 12, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12,." Browse the sections below, each linked to its official government source.
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Appraisement or trial - New trial
Official statutory text
The court rendering judgment in any case provided for by this
article against an occupying claimant, shall, at the request of such
occupying claimant, for the benefit of the provisions of this
article, cause an entry to be made upon the journal of such request,
and shall at once set a day for the trial of the right of such
occupying claimant to compensation for all lasting, valuable and
permanent improvements made by such occupying claimant, or those
under whom he claims upon the premises, prior to the issuing of
summons in the cause; and at such trial each party shall produce his
evidence relating to such improvements, and the court shall make
specific findings of fact on all matters relating to the right of
such occupying claimant to compensation for such improvements, and
shall find specifically whether such improvements were made in good
faith and under color of title and whether the occupying claimant is
entitled to the benefit of this article, which findings shall be
entered at length upon the journal, and if the court shall find that
the occupying claimant is entitled to compensation for such
improvements, it shall at once appoint three disinterested
freeholders of the county who shall have the qualifications of
jurors in the cause, to assess the actual value of the improvements
on the date of the assessment, of which appointment and the date of
assessment all parties to the action shall have five (5) days actual
notice. Said appraisers shall also assess the rental value of the
premises from the date of the summons to the date of the
appraisement; also the actual value of the land without the
improvements; which assessments shall be made upon actual view of
the premises, and said appraisers shall reduce their appraisement to
writing and return the same to the court or clerk thereof forthwith;
and upon such report the court shall render judgment in accordance
therewith: Provided, that if either party shall at any time before
the return and filing of the report of the appraisers, demand a
trial by jury, the court shall at once discharge the appraisers and
impanel a jury to find the facts and make the assessment of value
which the appraisers were to make, which trial shall be had in open
court and upon proofs to be adduced by the parties, and the trial
shall be conducted in all respects as other jury trials, and the
court may, in its discretion, send the jury to take an actual view
of the premises. The said jury shall return their findings of value
into court and the court shall then enter judgment in accordance
with such findings: Provided, that if either party deem himself
aggrieved by such assessment of values or findings of the court, he
may, upon motion and proper showing, obtain a new trial as in other
cases under the Code of Civil Procedure of this state.
R.L. 1910, § 4935.
Oklahoma Statutes - Title 12. Civil Procedure Page 301
article against an occupying claimant, shall, at the request of such
occupying claimant, for the benefit of the provisions of this
article, cause an entry to be made upon the journal of such request,
and shall at once set a day for the trial of the right of such
occupying claimant to compensation for all lasting, valuable and
permanent improvements made by such occupying claimant, or those
under whom he claims upon the premises, prior to the issuing of
summons in the cause; and at such trial each party shall produce his
evidence relating to such improvements, and the court shall make
specific findings of fact on all matters relating to the right of
such occupying claimant to compensation for such improvements, and
shall find specifically whether such improvements were made in good
faith and under color of title and whether the occupying claimant is
entitled to the benefit of this article, which findings shall be
entered at length upon the journal, and if the court shall find that
the occupying claimant is entitled to compensation for such
improvements, it shall at once appoint three disinterested
freeholders of the county who shall have the qualifications of
jurors in the cause, to assess the actual value of the improvements
on the date of the assessment, of which appointment and the date of
assessment all parties to the action shall have five (5) days actual
notice. Said appraisers shall also assess the rental value of the
premises from the date of the summons to the date of the
appraisement; also the actual value of the land without the
improvements; which assessments shall be made upon actual view of
the premises, and said appraisers shall reduce their appraisement to
writing and return the same to the court or clerk thereof forthwith;
and upon such report the court shall render judgment in accordance
therewith: Provided, that if either party shall at any time before
the return and filing of the report of the appraisers, demand a
trial by jury, the court shall at once discharge the appraisers and
impanel a jury to find the facts and make the assessment of value
which the appraisers were to make, which trial shall be had in open
court and upon proofs to be adduced by the parties, and the trial
shall be conducted in all respects as other jury trials, and the
court may, in its discretion, send the jury to take an actual view
of the premises. The said jury shall return their findings of value
into court and the court shall then enter judgment in accordance
with such findings: Provided, that if either party deem himself
aggrieved by such assessment of values or findings of the court, he
may, upon motion and proper showing, obtain a new trial as in other
cases under the Code of Civil Procedure of this state.
R.L. 1910, § 4935.
Oklahoma Statutes - Title 12. Civil Procedure Page 301
Status: in_force · Read it on the official government site
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