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.
Neb. Rev. Stat. § 57-228
Mineral interest; severed; termination; suit in equity; defendants
Applied in 4 court decisions — leading case Gibbs Cattle Co. v. Bixler (2013)
Most recently applied in Fisher v. Heirs & Devisees of T.D. Lovercheck (June 2015)
Laws 1967, c. 348, § 1, p. 925.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.