Oklahoma § 12-1483 - Appraisement or trial - New trial

§ 12-1483. Appraisement or trial - New trial

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