Short answer

Under Nebraska law, a court will try to divide land fairly, not necessarily by equal acres. When some acreage is more valuable (better soil, irrigation, access, buildings, or mineral rights), the court can: (1) divide the land in kind but adjust shares so each owner gets equivalent value (using cash equalization), or (2) order a sale of the whole parcel and split proceeds. Nebraska’s partition procedures and powers for commissioners, valuation, and sale govern which route the court follows. See Nebraska statutes on partition (Neb. Rev. Stat. chapter 25). This is general information, not legal advice.

Detailed answer — how the process works and what affects division

Partition actions in Nebraska address ownership interests when two or more people own the same real property and cannot agree on use, sale, or division. Key points below explain how courts handle unequal-quality acres.

1. Two main outcomes: partition in kind vs. partition by sale

– Partition in kind: the court divides the physical property into separate parcels and awards those parcels to the owners. The court prefers division in kind when it is practicable and fair. When parcels differ in market value, the court can allocate acreage so each owner receives a parcel (or parcels) whose total value approximates their share of the property. To equalize differences, the court can order cash payments (sometimes called an allotment or equalization payment) from one owner to another so the net value each receives matches ownership shares.

– Partition by sale: if physical division would be impractical, would materially reduce the value of the property, or cannot produce fairly equal shares, the court can order the property sold and divide net proceeds among owners according to their interests. Sale is common when the land is a single cohesive unit that cannot be split without substantial loss of value (for example, a single irrigated circle in the middle of a field).

2. Valuation and role of appraisals or commissioners

The court will determine the value of the whole property and of any potential parcels. Nebraska courts often appoint commissioners or appraisers to survey, value, and recommend a division. The report helps the court decide whether an in-kind split can equalize value or whether sale is necessary. If parties disagree with a commissioner’s report, they can object and ask the court for a hearing.

3. Adjustments for unequal quality

When some acres are better (e.g., irrigated ground, improved land, or land with buildings), the court manages fairness several ways:
– Allocate the higher-quality portions to one or more owners while giving lower-quality acreage to others, then require cash equalization payments so ownership interests receive equivalent value.
– Award credits for enhancements made by a co-owner (improvements), often reducing that owner’s equalization payment or increasing their share of value.
– Deduct liens, mortgages, and taxes attributable to the property from sale proceeds before dividing net proceeds.

4. Practical considerations courts review

• Whether land can be physically divided without greatly reducing value.
• Costs and delay of creating separate parcels (surveys, new fencing, access roads, water rights transfers).
• Presence of improvements (houses, barns) and who put them there.
• Encumbrances (mortgages, liens) that attach to the property and affect proceeds or division.
• Uses and zoning or irrigation/utility ties that make division impractical.

5. Example (hypothetical)

Two siblings own 100 acres as tenants in common. 60 acres are irrigated and worth $2,000/acre; 40 acres are dryland worth $500/acre. The total value = (60 x $2,000) + (40 x $500) = $120,000 + $20,000 = $140,000. If each owns a 50% interest, each should get $70,000 in value. The court could:

1. Award Sibling A the irrigated 60 acres (value $120,000) and Sibling B the dry 40 acres (value $20,000), then order Sibling A to pay Sibling B $50,000 as an equalization payment so each receives $70,000 in net value.
2. If splitting the irrigated acres would destroy their value (for example a single center pivot), the court might order sale of the entire 100 acres and split net proceeds $70,000/$70,000.

6. Costs, liens, and taxes

The court deducts costs of partition (commissioner fees, appraisal, advertising and sale costs) and pays off any mortgages or liens from the sale proceeds before dividing the remainder among owners. If one co-owner is responsible for improvements or for payments on a mortgage, the court can account for that in the distribution.

7. Where to find Nebraska law governing partition

Nebraska’s statutory rules and procedures for partition actions are set out in the Nebraska Revised Statutes addressing actions and partition procedures. For the text of the statutes and procedural details, see the Nebraska Legislature’s statutes (Chapter 25 and related provisions): Nebraska Revised Statutes, Chapter 25. The statutes describe filing requirements, appointment of commissioners, order of sale, distribution of proceeds, and other procedural steps.

Important: Rules in specific cases can vary based on the facts, the nature of co-ownership (tenancy in common, joint tenancy, partnership, LLC), and the presence of recorded agreements between owners. A qualified Nebraska attorney or title professional can explain how the statutes and local practice apply to your situation.

Disclaimer: This article explains general Nebraska law and common practices related to partition. It is for educational purposes only and is not legal advice.

Helpful Hints — Practical steps if you face a partition in Nebraska

• Collect ownership documents: deeds, title report, and any prior agreements about division or buyouts.
• Get at least one professional appraisal that values the whole property and identifiable parts (irrigated vs dryland, improvements).
• Consider negotiation or mediation before filing suit — a buyout or agreed division often costs far less than court action.
• Ask for a survey and legal descriptions of the parcels you propose to split; practical division often turns on access, water, and utility lines.
• Be ready to pay or seek credits for improvements, taxes, or mortgage payments made by one co-owner that affect net shares.
• Consult a Nebraska real property attorney early to understand statutory deadlines, pleadings, and local practice for partition actions and commissioner appointments.
• Remember tax and practical impacts: capital gains, property tax reallocation, and the effect of splitting an operation (e.g., farming, irrigation) can change long-term value.

For statute text and procedure details, consult the Nebraska Legislature’s online statutes: https://nebraskalegislature.gov/laws/statutes.php?chapter=25.