For the purpose of fixing the amount of the undertaking, the value of the property taken shall be ascertained by the oath of two or more responsible persons, whom the sheriff or other officer shall swear truly to assess the value thereof.
§ 25-1099.Bond; amount; determination; appraisal.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section explains how the value used to set bond amounts is determined: the sheriff swears in two or more responsible people to appraise the property under oath, and their assessment fixes the value on which the double-value bond requirement is based.
Full Text of § 25-1099
Source
R.S.1867, Code § 187, p. 422; R.S.1913, § 7828; C.S.1922, § 8772; C.S.1929, § 20-1099; R.S.1943, § 25-1099.
Plain-English Summary
The bonds required under § 25-1098 have to be at least double the value of the property — but that raises an obvious question: whose valuation controls? This section answers it. The sheriff or other officer swears in two or more responsible persons and has them truly assess the property’s value under oath.
That appraisal is not left to the plaintiff’s say-so or the defendant’s guess. It is a sworn, independent estimate, conducted at the time the property is taken, and it becomes the baseline both the plaintiff’s bond and any redelivery bond are measured against.
Frequently Asked Questions
Who decides how much the seized property is worth for bond purposes?
Two or more responsible persons, sworn by the sheriff or other officer to truly assess the value.
Why does the property need an appraisal at all?
Both the plaintiff’s bond and the defendant’s redelivery bond under § 25-1098 must equal at least double the property’s value, so a value has to be fixed before either bond amount can be set.
Is the appraisal done by a single person?
No. The section requires two or more responsible persons to swear to the assessment.
Who administers the oath to the appraisers?
The sheriff or other officer executing the order.
Can the appraised value be challenged later?
This section covers how the initial valuation is made; disputes over sureties and bond sufficiency are addressed separately in § 25-10,101.
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: replevin property appraisal nebraskahow bond amount is set replevintwo appraisers sworn value propertyvalue of property replevin bond