North Dakota Century Code

N.D. Cent. Code § 32-16-15 (2026)

Judgment on report - Effect

✓ current as of May 2026

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The court may confirm, change, modify, or set aside the report of the referees and, if necessary, may appoint new referees. Upon the confirmation of the report, judgment must be rendered that such partition be effectual forever, and such judgment shall be binding and conclusive:

1. On all persons named as parties to the action and their legal representatives, who at the time have any interest in the property divided, or any part thereof, as owners in fee, or as tenants for life, or for years, or as entitled to the reversion, remainder, or the inheritance of such property, or any part thereof, after the determination of a particular estate therein, and who by any contingency may be entitled to a beneficial interest in the property, or who have an interest in any undivided share thereof as tenants for years or for life.

2. On all persons interested in the property, who may be unknown, to whom notice has been given in the action for partition by publication.

3. On all other persons claiming from such parties or persons, or either of them. No judgment is invalidated by reason of the death of any party before final judgment or decree, but such judgment or decree is as conclusive against the heirs, legal representatives, or assigns of such decedent as if it had been entered before the decedent's death. \n

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1966–2025 · leading case: Beach Railport, LLC v. Michels, 2017 ND 240 (N.D. 2017).

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Beach Railport, LLC v. Michels, 2017 ND 240 (N.D. 2017). · cites it 15× ““The referees must make a report of their proceedings, specifying therein the manner in which they executed their trust, and describing the property divided- and the share allotted to each party with a particular description of each share.”

In Re Est. of Loomer, 2010 ND 93 (N.D. 2010). · cites it 4× “See N.D.C.C. § 32-16-15 (“court may confirm, change, modify, or set aside the report of the referees and, if necessary, may appoint new referees”).”

Schmidt v. Frank, 140 N.W.2d 588 (N.D. 1966). “In our original opinion in this case, which was withdrawn following reargument, we said: Our conclusion is that it was not error, in light of the authority given in § 32-16-15, N.D.C.C., for the court to partition the land without first receiving a report from the referee in a…”

Tischmak v. Theurer, 2025 ND 235 (N.D. 2025). · cites it 2× “” N.D.C.C. § 32-16-15. “District courts have wide judicial discretion in partition actions to do equity and to make a fair and just division of the property or proceeds between the parties, and great flexibility in fashioning appropriate relief for the parties.”

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