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; Laws 1984, c. 205, § 1, emerg. eff. May 14, 1984; Laws 1985, c. 120, § 1, emerg. eff. May 31, 1985. Renumbered from § 1501 of this title by Laws 1985, c. 120, § 2, emerg. eff. May 31, 1985. Amended by Laws 1987, c. 189, § 5, operative Nov. 1, 1987. Renumbered from § 569 of Title 52 by Laws 1987, c. 189, § 7, operative Nov. 1, 1987.