Okla. Stat. tit. 12, § 12-1513: Order directing sale of property by sheriff or public

auction.

A. If none of the parties elect to take the property at the

valuation or if two or more of the parties elect to take the

property at the valuation in opposition to each other, the court

shall make an order directing the sale of the property. Upon

agreement of all parties, the court may partition a portion of the

property in kind and order the balance of the property to be

partitioned by sale. If the court order directs the sale due to two

or more opposing parties electing to take the property at the same

valuation, the court shall hold a sealed bid auction between or

among the opposing parties. The court shall set a date, not less

than ten (10) days after the closing of the election to take the

property at valuation, by which the parties shall submit a sealed

bid to the court of their best and final offer for the property,

which shall be at least the appraised value set by the

commissioners. The court shall set a hearing to open all sealed

bids, the property shall be sold to the party submitting the highest

bid and, upon the court’s final approval and confirmation of the

sale, the sheriff shall execute and deliver one or more sheriff’s

deed or deeds in accordance with the order of the court. Unless the

court orders a sale by public auction conducted by an auctioneer

pursuant to subsection B of this section, the court shall direct the

sheriff of the county to sell the property in the same manner as in

sales of real estate on execution; but no sale, whether by sheriff

or auctioneer, shall be made at less than two-thirds (2/3) of the

valuation placed upon the property by the commissioners.

B. Any property to be partitioned by sale may be sold at a

public auction conducted by an auctioneer in lieu of a sale by

sheriff. Upon the request of a party, the court may order a sale of

the property at a public auction conducted by an auctioneer if the

court finds that such sale is likely to result in a higher aggregate

net price than a sale by sheriff using the procedures for sales of

real estate on execution. Any sale by an auctioneer pursuant to

this subsection shall be conducted in a manner consistent with the

auction procedures and sale terms approved by the court, which may

include provisions for:

1. Offering noncontiguous land as separate tracts;

2. Dividing any contiguous land into multiple tracts for

purposes of the auction; or

3. Selling multiple tracts separately or in one or more

combinations in a manner resulting in the highest total price.

After the auction, any party may report the auction results to

the court and, upon the court’s final approval and confirmation of

the sale, the sheriff shall execute and deliver one or more

sheriff’s deed or deeds in accordance with the order of the court.

C. For purposes of this section, “auctioneer” means an

individual or company that is licensed to sell real estate in this

state and engaged in the business of selling real estate by public

auction.

R.L. 1910, § 4952. Amended by Laws 2024, c. 307, § 1, eff. Nov. 1,

2024.