If satisfied with such report the court shall cause an order to be entered directing the referee or referees to sell the premises so situated, and shall also fix the place and terms of sale. The sale may be held at any place in the county in which the action is brought, or if there is land situated in two or more counties, sale may be had in any county in which any part of the real estate is situated.
§ 25-2183.Sale; order; place held.
Article 21: Special Proceedings and Actions · Last amended 1949 · Last verified July 22, 2026
In one sentenceThis section directs a Nebraska court, once it accepts a referee’s report recommending sale over division, to order the referees to sell the land, fix the place and terms of sale, and allow the sale anywhere in the filing county or, for land spanning counties, any county holding part of it.
Full Text of § 25-2183
Source
R.S.1867, Code § 815, p. 539; R.S.1913, § 8298; Laws 1917, c. 142, § 1, p. 328; C.S.1922, § 9251; C.S.1929, § 20-2183; R.S.1943, § 25-2183; Laws 1949, c. 58, § 1, p. 169.
Plain-English Summary
When dividing land in kind will not work, the referees say so in a report, and section 25-2183 tells the court what to do once it accepts that report: enter an order directing the referee or referees to sell the premises, and fix both the place and the terms of the sale at the same time.
The section also gives the sale some geographic flexibility. It may be held anywhere in the county where the partition action was filed, and where the land lies in two or more counties, the sale may instead be held in any county containing part of the real estate. That flexibility matters for tracts that cross county lines, sparing the parties from having to run separate sales for each county’s portion.
Frequently Asked Questions
What triggers a court order to sell partitioned land instead of dividing it?
The court acting on a referee’s report that satisfies it a sale, rather than division, is the proper course.
Who sets the terms of the sale?
The court, in the same order that directs the referees to sell the property.
Where can a partition sale take place?
Anywhere in the county where the partition action was filed.
What if the land lies in more than one county?
The sale may instead be held in any county containing part of the real estate.
Who conducts the actual sale?
The referee or referees named in the court’s order.
Does the court still oversee the sale after ordering it?
Yes. Later sections in this article require the referees to report the sale’s results back to the court for approval.
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
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