North Dakota § 32-16-41 Compensation for inequality

North Dakota Statutes

§ 32-16-41 — Compensation for inequality

North Dakota § 32-16-41

Title 32Judicial Remedies

Ch. 32-16Action for Partition of Real Property

This text of North Dakota § 32-16-41 (Compensation for inequality) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 32-16-41 (2026).

Text

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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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.