Okla. Stat. tit. 12, § 12-1501.1
This is the official text of Okla. Stat. tit. 12, § 12-1501.1, 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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Petition for partition - Contents - Proof required
Official statutory text
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.
R.L. 1910, § 4940. Amended by Laws 1970, c. 40, § 1, emerg. eff.
March 2, 1970; Laws 1971, c. 65, § 1, emerg. eff. April 9, 1971;
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.
R.L. 1910, § 4940. Amended by Laws 1970, c. 40, § 1, emerg. eff.
March 2, 1970; Laws 1971, c. 65, § 1, emerg. eff. April 9, 1971;
Status: in_force · Read it on the official government site
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