Nebraska Revised Statutes

Neb. Rev. Stat. § 25-401 (2026)

Local actions involving real estate

✓ current as of July 2026

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All actions to recover damages for any trespass upon or any injury to real estate shall be brought only in the county where such real estate or some part thereof is situated, but such actions may be brought against corporations owning or operating any line of railroad in the state in any county where service of summons can be had, and all actions for the following causes must be brought in the county in which the subject of the action is situated, except as provided in section 25-402: (1) For the recovery of real property or of an estate or interest therein; (2) for the partition of real property; and (3) for the sale of real property under a mortgage lien or other encumbrance or charge.

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1947–2024 · leading case: Est. of Schluntz v. Lower Repub. Nat. Res. Dist., 300 Neb. 582 (Neb. 2018).

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Est. of Schluntz v. Lower Repub. Nat. Res. Dist., 300 Neb. 582 (Neb. 2018). · cites it 9× “According to appellants, the district court for Furnas County had jurisdiction pursuant to Neb. Rev. Stat. § 25-401 (Reissue 2016). Section 25-401 does not, however, apply to the petition appellants filed in this case.”

Est. of Schluntz v. Lower Repub. NRD, 300 Neb. 582 (Neb. 2018). · cites it 9× “According to appellants, the district court for Furnas County had jurisdiction pursuant to Neb. Rev. Stat. § 25-401 (Reissue 2016). Section 25-401 does not, however, apply to the petition appellants filed in this case.”

Dupuy v. W. State Bank, 375 N.W.2d 909 (Neb. 1985). · cites it 4× “§ 25-2141 (Reissue 1979), the rules controlling proper venue in foreclosure actions, Neb.Rev.Stat. §§ 25-401 and 25-402 (Reissue 1979), and the statute concerning real parties in interest, Neb.”

Wilson v. Misko, 508 N.W.2d 238 (Neb. 1993). · cites it 2× “01 (Reissue 1989) provides: Any action, other than actions mentioned in sections 25-401 to 25-403, may be brought (1) in the county where any defendant resides, (2) in the county where the cause of action arose, (3) in the county where the transaction or some part of the…”

In re Hessler Living Trust, 316 Neb. 600 (Neb. 2024). · cites it 3× “Relying on Neb. Rev. Stat. § 25-401 (Reissue 2016), the children contend that an action involving real estate must be brought in the county where the real estate is situated.”

Ralph v. Dep't of Nat. Resources, 343 P.3d 342 (Wash. 2014). “); Neb. Rev. Stat. § 25-401 (Actions for the recovery of, partition of, or sale of real property must be brought in the county in which the subject of the action is situated.”

Flobert Indus., Inc. v. Stuhr, 343 N.W.2d 917 (Neb. 1984). · cites it 3× “When considering Neb. Rev. Stat. § 25-401 (Reissue 1979), local actions involving real estate, which states in part, “All actions to recover damages for any trespass upon or any injury to real estate shall be brought only in the county where such real estate or some part thereof…”

Lippincott v. Wolski, 25 N.W.2d 747 (Neb. 1947). · cites it 3× “The determination of this question depends upon a proper construction of sections 25-401 and 25-402, R. S. 1943, providing the venue of actions involving real estate.”

Downer v. Ihms, 223 N.W.2d 148 (Neb. 1974). “Even that is not mandated by statute for if the hearing is held before the director, as the statute authorizes, then presumably he might also make his decision in the county of the residence of the affected party.”

Downer v. Graham, 223 N.W.2d 148 (Neb. 1974). “The sole event that may occur in other than the county of the residence of the affected person is the consideration by the director of his decision. Even that is not mandated by statute for if the hearing is held before the director, as the statute authorizes, then presumably he…”

Page v. Buchfinck, 242 N.W.2d 610 (Neb. 1976). “At least at this stage it does not appear that any real estate, in Grant County or elsewhere, is the subject matter of any dispute among the parties.”

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