Neb. Rev. Stat. » Chapter 57
Nebraska Revised Statutes

Neb. Rev. Stat. § 57-228 (2026)

Mineral interest; severed; termination; suit in equity; defendants

✓ current as of July 2026
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Any owner or owners of the surface of real estate from which a mineral interest has been severed, on behalf of himself and any other owners of such interest in the surface, may sue in equity in the county where such real estate, or some part thereof, is located, praying for the termination and extinguishment of such severed mineral interest and cancellation of the same of record, naming as parties defendant therein all persons having or appearing to have any interest in such severed mineral interest, and if such parties defendant are not known and cannot be ascertained, they may be proceeded against as unknown defendants under the provisions of Chapter 25, article 3.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1978–2024 · leading case: Gibbs Cattle Co. v. Bixler, 831 N.W.2d 696 (Neb. 2013).
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Gibbs Cattle Co. v. Bixler, 831 N.W.2d 696 (Neb. 2013). · cites it 5× “2 This case primarily involves two issues: 1 See Neb. Rev. Stat. §§ 57-228 to 57-231 (Reissue 2010).”
Wheelock v. Heath, 272 N.W.2d 768 (Neb. 1978). · cites it 5× “These actions are brought under sections 57-228 through 57-231, R. R. S. 1943, to extinguish the severed mineral interests owned of record by the defendants, and to vest the title to them in the plaintiffs.”
Fisher v. Heirs & Devisees of T.D. Lovercheck, 291 Neb. 9 (Neb. 2015). · cites it 4× “”5 As an initial matter, we note that the court found that the Fishers as trustees, and not as husband and wife, were the real parties in interest.”
Ricks v. Vap, 784 N.W.2d 432 (Neb. 2010). · cites it 6× “CONCLUSION The last time Daniel, Joe, or the Vap heirs publicly exercised their right of ownership to the severed mineral interests disputed in this case was when they leased and properly recorded the interests to Gemini, more than 25 years before Ricks filed her complaint to…”
WTJ Skavdahl Land v. Elliott, 830 N.W.2d 488 (Neb. 2013). · cites it 2× “Bixler3: whether the “record owner” may be determined only from the register of deeds in the county where the interests are located or also from other 1 See Neb. Rev. Stat. §§ 57-228 to 57-231 (Reissue 2010).”
Rice v. Bixler (Neb. 2014). · cites it 3× “NATURE OF CASE The surface owner of various tracts of land in Sioux County, Nebraska, sued the alleged owners of the severed mineral interests in those tracts under Nebraska’s “dor- mant mineral statutes,” Neb. Rev. Stat. §§ 57-228 to 57-231 (Reissue 2010).”
Duerfeldt v. Ploeger (Neb. Ct. App. 2024). “§ 57-228 et al. except those held by the State of Nebraska and ordering the partition of the real estate as above described, according to the respective rights and shares of the parties as aforesaid; for the appointment of a Referee; for the sale of the property and the division…”
Monahan Cattle Co. v. Goodwin, 272 N.W.2d 774 (Neb. 1978). “This action is brought under sections 57-228 through 57-231, R. R. S. 1943, to extinguish the severed mineral interests owned of record by the defendants, and to vest the title to them in the plaintiff.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.