Unless the shares are allotted to their respective owners by the referee or referees as hereinbefore contemplated, the clerk shall number the shares and then draw the names of the future owners by lot.
§ 25-21,102.Shares drawn by lot, when.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section has the clerk assign partitioned shares by lot, numbering them and drawing the owners’ names at random, whenever the referees have not already allotted particular shares to particular owners.
Full Text of § 25-21,102
Source
R.S.1867, Code § 835, p. 541; R.S.1913, § 8318; C.S.1922, § 9270; C.S.1929, § 20-21,102; R.S.1943, § 25-21,102.
Plain-English Summary
A separate section in this article lets the court direct referees to allot particular parcels to particular owners for good reason. But when that special allotment has not happened, someone still has to match owners to shares once the land is divided. Section 25-21,102 supplies the default method: chance.
Unless the shares are allotted to their respective owners by the referee or referees, the clerk numbers the shares and draws the names of the future owners by lot. This keeps the process neutral where the referees have not, or the court has not directed them to, assign specific tracts to specific people — no owner gets to pick a favored parcel, and no owner has to defend why another got a particular one.
Frequently Asked Questions
How does the law decide which co-owner gets which physical share of the land?
Unless the referees have already allotted particular shares to particular owners, the clerk numbers the shares and draws the owners’ names by lot.
Who conducts the drawing?
The clerk of the court.
When does this lot-drawing procedure not apply?
When the shares have already been allotted to their respective owners by the referee or referees, as this article’s special-allotment provision contemplates.
Why use a drawing instead of letting owners choose?
Drawing by lot keeps the assignment of physical shares neutral among co-owners of equal-value interests, avoiding disputes over who gets which parcel.
Does this section apply after the shares have been described in the referees’ report?
Yes. It operates once the shares are set out and ready to be matched to owners.
Can a court still direct a special allotment instead of a lot drawing?
Yes, that option exists elsewhere in this article for cases where the court finds good reason to assign particular parcels to particular owners.
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: shares drawn by lot partitionclerk numbers partition sharesrandom assignment partition shares nebraskapartition land division by drawingowner names drawn by lot