Title 11, Counties

A. When county records or indexes become defaced, worn or in a condition endangering their preservation, the board of supervisors shall procure appropriate books and require the recorder to transcribe such records and indexes with a standard permanent black ink, provided, the rec…

If an instrument, proved or acknowledged according to law, or a paper or notice which may by law be recorded, is delivered to the recorder for record, and he neglects or refuses to perform the duties required of him by law relating to recording or filing instruments and papers, o…

The county recorder may cause any or all files or records in his official custody to be microphotographed or otherwise reproduced on film as in the case of original filings or recordings or both. Every such reproduction shall be deemed and considered an original, and a transcript…

A. The county recorder may destroy, under sections 41-151, 41-151.09, 41-151.11, 41-151.12, 41-151.13, 41-151.14, 41-151.15, 41-151.16, 41-151.17 and 41-151.19, all of the filed papers or record books created by handwriting, by typing on printed forms, by typewriting, by photosta…

A. Only an instrument that, on presentation to a county recorder for recordation, fails to meet any of the following conditions may be rejected for recordation at the time of presentation for recordation: 1. Each instrument shall have a caption briefly stating the nature of the i…

A. All maps or plats presented for recording shall have a title that at least indicates the type of map or plat, the name of the subdivision or a description of the location of the area by section, township and range, the name of the owner of record of the area being surveyed and…

A. Any recorded instrument may be incorporated by reference in any subsequent instrument. The reference shall specify the record location of the referenced instrument and has the same effect as if the referenced instrument were reproduced in full where reference to it is made. B.…

A. Notwithstanding any other provision of this article, in any county an eligible person may request that the general public be prohibited from accessing the unique identifier and the recording date contained in indexes of recorded instruments maintained by the county recorder an…

A. Notwithstanding any other provision of this article, in any county an eligible person may request that the general public be prohibited from accessing that person's identifying information, including any of the following: 1. That person's documents, instruments, writings and i…

This article may be cited as the uniform real property electronic recording act.

In this chapter, unless the context otherwise requires: 1. "Document" means information that is both of the following: (a) Inscribed on a tangible medium or stored in an electronic or other medium, and retrievable in perceivable form. (b) Eligible to be recorded in the land recor…

A. If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium or be in writing, the requirement is satisfied by an electronic document satisfying this article. B. If a law requires, as a condition for recording, that a …

A. A county recorder: 1. Who implements any of the functions listed in this section shall do so in compliance with adopted standards. 2. May receive, index, store, archive and transmit electronic documents. 3. May provide for access to, and for search and retrieval of, documents …

In applying and construing this article, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

This article modifies, limits and supersedes the federal electronic signatures in global and national commerce act (P.L. 106-229; 114 Stat. 464; 15 United States Code sections 7001 through 7006, section 7021 and section 7031) but does not modify, limit or supersede section 101(c)…

The treasurer shall keep all money belonging to the state, or to the county, in his possession until disbursed according to law. He shall not place it in the possession of any person to be used for any purpose, or lend, or in any manner use, or permit any person to use, such mone…

All taxes collected upon real and personal property of the county, and all public monies arising from any source, or accruing under the provisions of law to a county, shall be paid into the treasury of the county, and the county treasurer shall apportion and apply the same to the…

The county treasurer shall: 1. Receive all monies of the county, and other monies directed by law to be paid to the county treasurer, safely keep the monies and apply and pay the monies out, rendering account thereof as required by law. 2. Keep an account of the receipt and expen…

A. The treasurer shall issue either an electronic or hard copy of a receipt for all monies the treasurer receives as treasurer or as tax collector except tax payments made by check, which shall be received pursuant to section 42-18055. The receipts shall be in a standard format, …

A. A taxpayers' information fund is established in each county treasury consisting of monies collected from the public records copy surcharge imposed pursuant to section 11-496, the tax lien processing fee imposed pursuant to section 42-18116, subsection C, fifteen dollars of eac…

A. In addition to the fee prescribed by section 39-121.01, subsection D, paragraph 1 or section 39-121.03, subsection A, the county treasurer may impose a surcharge of not more than twenty-five per cent of the fee charged for furnishing a copy, printout or photograph. B. A county…

The treasurer shall notify the clerk of the board of supervisors and the county school superintendent of the amount received from the state treasurer as the county share of pass through monies from the United States from forest reserves, as provided in section 41-736, and thereaf…

The books, accounts and vouchers of the treasurer shall at all times be subject to inspection and examination by the auditor general, the board of supervisors and the grand jury.

The board of supervisors and not the county treasurer is the official issuer of county bonds, and the board of supervisors shall assume all liability on the bonds including bonds issued pursuant to sections 11-254.03, 11-264.01, 11-271, 11-281, 11-307, 11-371 and 11-721 and all o…

A. The county treasurer shall report accounts of collection, custody and disbursement of public revenue to the county board of supervisors on the fifteenth day of each month for the preceding month. For that purpose the treasurer shall prepare a statement, under oath, of the amou…

Upon receipt of an order from the state treasurer requiring the money in the county treasury belonging to the state or collected for it to be transmitted to the state treasury in the manner prescribed by law, the county treasurer shall within ten days thereafter transmit the mone…

If the treasurer neglects or refuses to settle or report as required by law, he shall forfeit and pay to the county the sum of five hundred dollars for each act of neglect or refusal, and the board of supervisors shall institute action for the recovery thereof.

When an error appearing in the accounts of the county treasurer, excepting the tax rolls, comes to the notice of the treasurer he shall, if the error was made not more than fifteen years prior thereto, immediately correct it, and place on the margin of the book in which the origi…

A. A person, including a former employee or agent of the treasurer, who has received confidential information while an employee or agent of the treasurer shall not disclose that information except as provided in subsection B of this section. B. Confidential information relating t…

The county school superintendent shall have such powers and perform such duties as prescribed by section 15-302 and as otherwise prescribed by law.

A. No person shall be eligible for the office of county attorney unless he is an attorney at law, licensed and in good standing in this state. B. The board of supervisors shall not pay a salary to any person as county attorney who is not so eligible for the office.

A. The county attorney is the public prosecutor of the county and shall: 1. Attend the superior and other courts within the county and on behalf of the state, conduct all prosecutions for public offenses. 2. Institute proceedings before magistrates for the arrest of persons charg…

When a defendant is sentenced the trial court and county attorney shall attach to the certified copy of the sentence a statement of the facts and circumstances constituting the crime upon which the defendant was convicted, together with all other information accessible in regard …

If the county attorney fails to attend in person, or by deputy, any session of the superior court at which a criminal action is to be tried, the court may designate some other person to perform the duties of county attorney during his absence from court. The person so designated …

The county attorney, except for his own services, shall not present a demand for allowance against the county, or advocate the demand by another.

A. A county attorney may provide for the security of government witnesses, potential government witnesses and their immediate families in pending official criminal or civil proceedings or investigations, if testimony by such witnesses may subject the witnesses or members of their…

A. The county attorney juvenile diversion fund is established consisting of the following: 1. County general fund appropriations. 2. Federal monies that are appropriated for community based alternative programs. 3. Quarterly reimbursements from the supreme court pursuant to secti…

A. The board of supervisors may establish a county attorney victim compensation fund in the county treasury consisting of monies that are distributed pursuant to section 12-286, subsection D. The county attorney in cooperation with the board of supervisors shall administer the fu…

A. The state aid to county attorneys fund is established consisting of monies appropriated to the fund and monies allocated pursuant to section 41-2421, subsections B and J. The purpose of the fund is to provide state aid to county attorneys for the processing of criminal cases. …

The county assessor shall have the powers and perform the duties prescribed by law.

The assessor and the assessor's deputies shall take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will well and truly discharge the duties of assessor of the county of _________, and will, to the best of my knowledge and ability, truly a…

The assessor and his sureties shall be liable for all taxes on taxable property within the county which, through the neglect of the assessor, remains unassessed. The county attorney of the county shall, in such instances, sue the assessor and his sureties therefor, but not until …

A. The board of supervisors may appoint a county engineer, who shall be a competent civil engineer and road builder. B. The county engineer shall receive such salary as the board of supervisors fixes, payable from the road fund of the county.

A. The county engineer shall be custodian of the records and property of the county relating to surveying, engineering and road construction. B. Except where highways are being constructed under the direction of a highway commission, the county engineer shall, under the direction…

The county engineer shall not during his term of office engage in private engineering or surveying, except by permission of the board of supervisors, or be a member of a firm so engaged.

Judges of the superior court in each county may appoint any number of voluntary forest fire wardens deemed necessary for the proper protection of the forested lands within the county. The wardens shall serve without pay, and their appointments shall expire on November 1 each year…