For good and sufficient reasons appearing to the court, the referee or referees may be directed to allot particular portions of the land to particular individuals. In other cases the shares must be made as nearly as possible of equal value.
§ 25-2182.Referees; special allotments; when directed.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section lets a Nebraska court direct the referees in a partition action to give specific parcels to specific co-owners when good reason supports doing so, and otherwise requires the referees to divide the remaining shares as evenly in value as the land allows.
Full Text of § 25-2182
Source
R.S.1867, Code § 813, p. 539; R.S.1913, § 8297; C.S.1922, § 9250; C.S.1929, § 20-2182; R.S.1943, § 25-2182.
Plain-English Summary
When co-owners of land cannot agree on how to divide it, a referee appointed by the court typically works out a partition that gives each owner a share of about the same value as the others — not necessarily the same acreage or the same tract, but a share pegged to value. Section 25-2182 states that baseline rule and then carves out an exception to it.
The exception lets the court direct the referee or referees to allot particular parcels to particular owners, sidestepping the equal-value default, whenever the court finds good and sufficient reason to do so. A parcel that already carries one owner’s home or improvements fits the situation this exception addresses, though the statute leaves the judgment to the court’s own assessment of the facts before it. Outside that special direction, the referees still have to make the shares as close to equal value as the land permits.
Frequently Asked Questions
Does partition always split the land evenly by acreage?
No. Nebraska law asks referees to divide land by value, not acreage, unless the court directs a special allotment under this section.
When can a court order a special allotment instead of equal-value shares?
When the court finds good and sufficient reason, considering circumstances such as which owner already occupies or has improved a particular parcel.
Who decides whether a special allotment is warranted?
The court makes that call, not the referee; the referee carries out whatever division the court orders.
What happens if the court does not order a special allotment?
The referees fall back to the general rule and divide the land into shares as nearly equal in value as possible.
Can more than one referee be appointed to handle a partition?
Yes. The statute refers to “the referee or referees,” meaning the court may appoint one or several to carry out the division.
Does this section apply to land the court decides to sell rather than divide?
No. It governs partition in kind, where the land itself is divided; other sections in this article address selling the property instead.
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: special allotment partition nebraskaunequal partition sharesreferee assigns specific parcelpartition in kind value sharesgood and sufficient reason partitionequal value shares nebraska partition