North Dakota Statutes
§ 32-16-41 — Compensation for inequality
When it appears that the partition cannot be made equal between the parties according to
their respective rights without prejudice to the rights and interests of some of them, and a
partition is ordered, the court may adjudge compensation to be made by one party to another on
account of the inequality, but such compensation shall not be required to be made to others by
owners unknown, nor by an infant, unless it appears that such infant has personal property
sufficient for that purpose and that the infant's interest will be promoted thereby. In all cases, the
court has power to make compensatory adjustment between the respective parties according to
the ordinary principles of equity.
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Related
Schnell v. Schnell
346 N.W.2d 713 (North Dakota Supreme Court, 1984)
McKechnie v. Berg
2003 ND 136 (North Dakota Supreme Court, 2003)
BRUCE J. WENZEL ESTATE v. Wenzel
2008 ND 68 (North Dakota Supreme Court, 2008)
Berger v. Repnow
2025 ND 25 (North Dakota Supreme Court, 2025)
Nearby Sections
15
§ 32-01-01
Remedies - Classification§ 32-01-02
Action defined§ 32-01-03
Actions - Classification§ 32-01-04
Special proceeding defined§ 32-01-05
Criminal action defined§ 32-01-06
Civil action defined§ 32-01-07
Process in civil action§ 32-01-08
Civil and criminal remedies not merged§ 32-01-10
Provisional remedies classified§ 32-01-12
Conditions of relief from forfeiture§ 32-02-01
Qualifications of sureties - Personal§ 32-02-02
Exception to sureties