The sheriff or other officer, in the execution of the order of delivery, may break open any building or enclosure in which the property claimed, or any part thereof, is concealed; but not until he has been refused an entrance into said building or enclosure and the delivery of the property, after having demanded the same.
§ 25-10,108.Order of delivery; execution; powers of officer.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section authorizes a sheriff executing a delivery order to break open a building or enclosure hiding the claimed property, but only after being refused entry and refused delivery of the property upon demand.
Full Text of § 25-10,108
Source
R.S.1867, Code § 195, p. 424; R.S.1913, § 7837; C.S.1922, § 8781; C.S.1929, § 20-10,108; R.S.1943, § 25-10,108.
Plain-English Summary
Executing a delivery order sometimes runs into a locked door. This section gives the sheriff authority to break open a building or enclosure where the claimed property, or part of it, is concealed — a real power, since it lets an officer force entry onto private property to retrieve a specific item.
That power is not unconditional. The sheriff has to demand entry and demand the property first. Only after being refused both — refused entrance and refused delivery of the property — can the sheriff resort to breaking in. The demand-and-refusal sequence is a prerequisite, not an afterthought.
Frequently Asked Questions
Can a sheriff force entry into a building to seize replevied property?
Yes, but only after demanding entrance and delivery of the property and being refused both.
What has to happen before the sheriff can break open a locked building?
The sheriff must first demand entry into the building or enclosure and demand delivery of the property, and be refused.
Does this section apply to any building where the property might be?
It applies to a building or enclosure in which the claimed property, or part of it, is concealed.
Is a warrant required for this type of entry?
This section conditions forced entry on a prior demand and refusal, not on a separate warrant requirement.
What if the person inside lets the sheriff in but will not hand over the property?
The refusal-of-delivery half of the condition would still be met, since the section covers a refusal of the property after demand, alongside refusal of entrance.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as: sheriff break open building replevinforced entry replevin property nebraskademand and refusal before entrysheriff powers executing delivery order