Detailed answer: partition basics and how unequal acres are handled

When co-owners (tenants in common or joint tenants) cannot agree on dividing real property, any co-owner can ask a South Dakota court to order a partition. Partition means dividing the property so each owner gets a fair share. Courts use two primary methods:

• Partition in kind — the land is physically divided so each owner receives a portion of the real property; and
• Partition by sale — the court orders the property sold and divides the sale proceeds among the owners.

Court preference: where a fair physical division is practicable, courts generally prefer partition in kind because it preserves each owner’s ownership in land. When a fair division is impracticable (for example, because the parcels cannot be divided without destroying value or because some acres are uniquely superior), a court may order a sale and division of proceeds.

How courts deal with unequal acres (better vs. worse acres):

• Valuation first. The court will usually order appraisals or appoint a commissioner to value the entire property and its parts. Appraisers will consider soil productivity, water access, improvements (buildings, roads, wells, fences), mineral rights, access to public roads, and other factors that make some acres more valuable than others.
• Division in kind with adjustments. If the property can be divided physically, the court seeks to allocate acreage so each owner receives property of substantially equal value. If one owner receives acreage that is objectively more valuable, the court can require that owner to pay money (a “cash equalization” payment) to the other owners to balance the equities.
• Allocation of improvements and incomes. If one parcel contains improvements (a house, barns, irrigation systems) that increase value, the court credits those items to the owner getting that parcel or orders a monetary adjustment. Likewise, rents, crops, or leases associated with parts of the property are usually accounted for in the division.
• Buyout option. Rather than dividing or selling, the court can allow one co-owner to buy the others out at an appraised value, with the buyer paying the others the appropriate shares.
• Partition by sale when in-kind division is impracticable. If a practical, fair physical division is not possible (irregular parcel shapes, shared improvements that can’t be split, or a sharp quality difference that would leave some owners with poor land), the court may order a sale and distribute proceeds according to ownership shares after paying costs, liens, and ordered adjustments.
• Costs, liens, and credits. The court takes account of liens (mortgages, tax liens), costs of partition (surveys, appraisals, advertising, commissioner fees), and contributions by co-owners (one co-owner paid taxes or made improvements). The court can require reimbursements so the division reflects net equities.

Where to find the controlling law: South Dakota’s statutes and court procedures govern partition actions and how courts allocate costs, order appraisals, appoint commissioners, and supervise sales. See the South Dakota Codified Laws site for statute text and related civil procedure rules: https://sdlegislature.gov/Statutes/Codified_Laws/

Bottom line: the court tries to produce a fair allocation of value, not merely an equal acreage split. If some acres are better than others, the court will use appraisals, cash equalization payments, credits for improvements or prior contributions, buyouts, or a sale to reach an equitable outcome.

Common hypothetical examples (how the rules apply)

Example A — farmland with better and worse fields:

Three siblings own 300 acres as tenants in common. 100 acres have irrigation and rich soil (high value); 200 acres are marginal grazing land. The court orders appraisals, divides the land so one sibling gets most of the irrigated acreage but requires that sibling to pay the other two co-owners cash to equalize values. Alternatively, a sibling might buy out the others at appraised value.

Example B — improved parcel and unimproved acreage:

One parcel contains the family home and barn; the other parcels are vacant. The court can award the home parcel to one owner and balance values by awarding money from sale of other acreage or requiring an equalization payment to compensate the co-owners who did not receive the improvements.

Practical steps if you face a partition with unequal acres in South Dakota

1. Consult an attorney who handles real property and partition actions — they can explain local practice and file the necessary petition in circuit court if needed.
2. Order a professional appraisal and a survey early. Good appraisals identify value differences and useful split lines; surveys define legal boundaries.
3. Gather records of improvements, taxes, leases, rents, and payments that may affect credits or reimbursements.
4. Consider mediation or an agreement among owners. Many partitions settle by negotiated in-kind division or a buyout, avoiding the costs of a court-ordered sale.
5. If litigation proceeds, expect the court to appoint a commissioner or order a sale if a fair physical division is impracticable.

Helpful hints

• Don’t assume acreage equals fairness. Courts look at value, not just acres.
• Get professional appraisals tied to current market conditions and specific parcel characteristics (soil, water, access, improvements).
• Document any contributions you made (improvements, taxes, mortgage payments). Courts often credit those amounts.
• Discuss buyout options early — a purchased settlement often saves time and legal costs.
• Learn how liens (mortgages, tax liens) will be paid out — liens generally reduce the net proceeds before distribution.
• Consider the tax consequences of a sale or transfer; a forced sale can have different tax implications than a negotiated transfer.
• Ask the court for a commissioner or special master if the factual issues (surveys, valuation) are complex.