In a partition of oil, gas, or mineral interests of real property, when the court determines any of the following, the court shall order a sale of the oil, gas, or mineral interests and allocate the proceeds according to the interests of the tenants in common or joint tenants:
(1) It is in the best interest of the cotenants of the oil, gas, or mineral interests to sell the interests.(2) Actual partition of the oil, gas, or mineral interests would cause injury to some or all of the cotenants of the oil, gas, or mineral interests.Renumbered from §46-26 by 2020 N.C. Sess. Laws 23, s. 2-dd, eff. 10/1/2020.Amended by 2020 N.C. Sess. Laws 23, s. 3, eff. 10/1/2020. 1905, c. 90, s. 2; Rev., s. 2507; C.S., s. 3237.