Nebraska Revised Statutes

Neb. Rev. Stat. § 25-2181 (2026)

Report of referees

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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If it appears to the referee or referees that partition cannot be made without great prejudice to the owners, they shall so report to the court.

Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 1950–2021 · leading case: Channer v. Cumming, 699 N.W.2d 831 (Neb. 2005).
Channer v. Cumming, 699 N.W.2d 831 (Neb. 2005). · cites it 2× “Section 25-2181 provides that if the referee so appointed determines that the property cannot be partitioned in kind, he or she shall make a report to that effect to the district court.”
Schlake v. Schlake, 885 N.W.2d 15 (Neb. 2016). “There, the district court appointed a referee to make partition and report back to the court and appeal was taken from that order.”
Ark Land Co. v. Harper, 599 S.E.2d 754 (W. Va. 2004). · cites it 2× “§ 70-29-202 (West 2003); Neb.Rev.Stat. § 25-2181 (1995); Nev.Rev.Stat.”
Kellner v. Kellner, 593 N.W.2d 1 (Neb. Ct. App. 1999). · cites it 2× “See *14 § 25-2181. We are not implying a divorce court, a court of equity, is limited to the partition statutes in dividing property, but these statutes do contain a time-tried procedure.”
Trowbridge v. Donner, 40 N.W.2d 655 (Neb. 1950). · cites it 2× “97 , this court concluded that the effect of section 25-2181, R. R. S. 1943, and section 25-2183, R.”
Phillips v. Phillips, 104 N.W.2d 52 (Neb. 1960). · cites it 2× “We come then to the second question raised by ap *740 pellant which is, was it proper, under the circumstances here shown, for the trial court to order a partition in kind in the manner that it did? Section 25-2181, R. R. S. 1943, provides: “If it appears to the referee or…”
FTR Farms v. Rist Farm, 942 N.W.2d 204 (Neb. 2020). · cites it 2× “17 “Owelty thus addresses a disparity in the value of partitioned parcels and is the payment of money required when property is not susceptible of division into exactly equal shares to make the portions of property respectively assigned to the cotenants of equal value.” 18 The…”
Smith v. Smith, 957 N.W.2d 511 (Neb. Ct. App. 2021). · cites it 2× “While we recognize that appellants offered evidence in an effort to demonstrate potential difficulties with accessing section 15, including Lynden’s testimony that the road to the south of that section was privately owned by a neighboring farmer and evidence that due to flooding…”
Smith v. Smith, 957 N.W.2d 511 (Neb. Ct. App. 2021). · cites it 2× “While we recognize that appellants offered evidence in an effort to demonstrate potential difficulties with accessing section 15, including Lynden’s testimony that the road to the south of that section was privately owned by a neighboring farmer and evidence that due to flooding…”
Koetter v. Koetter, No. A-17-1066 (Neb. Ct. App. Dec. 18, 2018). · cites it 2× “See Neb. Rev. Stat. § 25-2181 (Reissue 2016) and § 25-2183.”
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