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.
§ 1483.Appraisement Or Trial - New Trial
Chapter 27: Occupying Claimants · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1483 requires the court, at the occupying claimant's request after judgment against the claimant, to hold a separate trial on compensation for improvements, appoint three freeholders to appraise the improvements and land value, or impanel a jury on timely demand, with a new trial for either aggrieved party.
Full Text of § 1483
Amendment History
R.L. 1910, § 4935.
Plain-English Summary
Once a court rules against an occupying claimant in the underlying action, this section lays out how the claimant's separate right to compensation gets decided. At the claimant's request, the court enters that request on the journal and sets a day for trial of the claimant's right to compensation for lasting, valuable, and permanent improvements made before the summons issued -- whether made by the claimant or by someone the claimant holds under. Each side presents evidence, and the court must make specific findings on all matters bearing on that right, including whether the improvements were made in good faith and under color of title, and whether the claimant qualifies for the chapter's benefit.
If the court finds the claimant entitled to compensation, it appoints three disinterested freeholders, qualified to serve as jurors, to assess the actual value of the improvements as of the assessment date, after giving all parties five days' notice. Those appraisers also assess the rental value of the premises from the date of the summons to the date of appraisement, and the value of the land without the improvements -- all based on an actual view of the property -- then reduce their findings to writing and return them to the court.
Either party can head off the appraisal process by demanding a jury trial before the appraisers' report is filed. That demand discharges the appraisers and puts a jury in their place, trying the same questions of value in open court like any other jury trial, with the court free to send the jury to view the premises. And if either side ends up unhappy with the resulting assessment or findings, this section allows a new trial on the same terms available in any other case under the Code of Civil Procedure.
Frequently Asked Questions
What happens after a court rules against me as an occupying claimant?
At your request, the court sets a separate trial on your right to compensation for lasting improvements, and must make specific findings, including whether you made the improvements in good faith and under color of title.
Who decides how much my improvements are worth?
Ordinarily, three disinterested freeholders qualified to serve as jurors, appointed by the court to appraise the improvements, rental value, and land value -- unless a party demands a jury instead.
Can I demand a jury trial instead of an appraisal by freeholders?
Yes. Either party may demand a jury trial at any time before the appraisers' report is returned and filed, which discharges the appraisers and puts the jury in charge of the same findings.
What exactly do the appraisers or jury have to determine?
The actual value of the improvements as of the assessment date, the rental value of the premises from the date of summons to the appraisement, and the value of the land without the improvements.
Can I get a new trial if I disagree with the appraisal or jury's findings?
Yes, on motion and a proper showing, a new trial is available on the same terms as in other cases under the Code of Civil Procedure.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: occupying claimant appraisal oklahoma12 O.S. § 1483jury trial value of improvements oklahomafreeholders appraise improvements oklahoma