Chapter 52 — LIENS
183 sections in this chapter.
Neb. Rev. Stat. § 52-1302 Definitions, where found.
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For purposes of sections 52-1301 to 52-1322, unless the context otherwise requires, the definitions found in sections 52-1302.01 to 52-1311 shall be used.
Neb. Rev. Stat. § 52-1302.01 Approved unique identifier, defined.
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Approved unique identifier means a number, combination of numbers and letters, or other identifier selected by the Secretary of State using a selection system or method approved by the Secretary of the United States Department of Agriculture.
Neb. Rev. Stat. § 52-1303 Buyer in the ordinary course of business, defined.
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Buyer in the ordinary course of business shall mean a person who, in the ordinary course of business, buys farm products from a person engaged in farming operations who is in the business of selling farm products.
Neb. Rev. Stat. § 52-1304 Central filing system, defined.
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Central filing system shall mean the system for filing effective financing statements or notice of such financing statements established pursuant to section 52-1312 pursuant to section 1324 of the Food Security Act of 1985, Public Law 99-198.
Neb. Rev. Stat. § 52-1305 Commission merchant, defined.
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Commission merchant shall mean any person engaged in the business of receiving any farm product for sale, on commission, or for or on behalf of another person.
Neb. Rev. Stat. § 52-1306 Debtor, defined.
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Debtor shall mean the person subjecting a farm product to a security interest.
Neb. Rev. Stat. § 52-1307 Effective financing statement, defined.
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Effective financing statement means a statement that: (1) Is an original or reproduced copy thereof; (2) Is filed by the secured party in the office of the Secretary of State; (3) Is signed, authorized, or otherwise authenticated by the debtor, unless filed electronically, in whi…
Neb. Rev. Stat. § 52-1308 Farm product, defined.
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Farm product shall mean an agricultural commodity, a species of livestock used or produced in farming operations, or a product of such crop or livestock in its unmanufactured state, that is in the possession of a person engaged in farming operations. Farm products shall include, …
Neb. Rev. Stat. § 52-1309 Person, defined.
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Person shall mean any individual, partnership, limited liability company, corporation, trust, or any other business entity.
Neb. Rev. Stat. § 52-131 Construction lien; existence; amount; priority; enforcement.
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(1) A person who furnishes services or materials pursuant to a real estate improvement contract has a construction lien, only to the extent provided in the Nebraska Construction Lien Act, to secure the payment of his or her contract price. (2) A lien arises under the act only if …
Neb. Rev. Stat. § 52-1310 Security interest, defined.
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Security interest shall mean an interest in farm products that secures payment or performance of an obligation.
Neb. Rev. Stat. § 52-1311 Selling agent, defined.
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Selling agent shall mean any person, other than a commission merchant, who is engaged in the business of negotiating the sale and purchase of any farm product on behalf of a person engaged in farming operations.
Neb. Rev. Stat. § 52-1312 Central filing system; Secretary of State; duties; system requirements; fees.
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The Secretary of State shall design and implement a central filing system for effective financing statements. The Secretary of State shall be the system operator. The system shall provide a means for filing effective financing statements or notices of such financing statements on…
Neb. Rev. Stat. § 52-1313 Filing of effective financing statement; fees.
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(1) Presentation for filing of an effective financing statement and the acceptance of the statement by the Secretary of State constitutes filing under sections 52-1301 to 52-1322. (2) The nonrefundable fee for presenting an effective financing statement, an amendment, or a contin…
Repealed. Laws 2026, LB835, § 11.
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[Repealed or reserved.]
Neb. Rev. Stat. § 52-1314 Filing of continuation statement; requirements; insolvency proceedings; effect.
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(1) A continuation statement may be filed by the secured party within six months prior to the expiration of the five-year period specified in subdivision (6) of section 52-1307. Any such continuation statement shall be signed, authorized, or otherwise authenticated by the secured…
Neb. Rev. Stat. § 52-1315 Notice of lapse of effective financing statement; waiver of notice; effect.
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(1) Whenever there is no outstanding secured obligation and no commitment to make advances, incur obligations, or otherwise give value, the secured party shall notify the debtor in writing of his or her right to have a notice of lapse of his or her effective financing statement f…
Neb. Rev. Stat. § 52-1316 Information provided by filing; oral and written inquiries; duties; fees; liability.
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(1) Oral and written inquiries regarding information provided by the filing of effective financing statements may be made at any county clerk's office or the office of the Secretary of State during regular business hours. For each debtor name searched by the county clerk or Secre…
Neb. Rev. Stat. § 52-1317 Verification of security interest; seller; duty.
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In order to verify the existence or nonexistence of a security interest, a buyer, commission merchant, or selling agent may request a seller to disclose such seller's approved unique identifier.
Neb. Rev. Stat. § 52-1318 Rules and regulations; federal provisions adopted; Secretary of State; duties.
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(1) The State of Nebraska hereby adopts the federal rules and regulations adopted and promulgated to implement section 1324 of the Food Security Act of 1985, Public Law 99-198. If there is a conflict between such rules and regulations and sections 52-1301 to 52-1322, the federal …
Neb. Rev. Stat. § 52-1319 Receipt of written notice, defined.
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For purposes of section 1324 of the Food Security Act of 1985, Public Law 99-198, receipt of written notice shall mean the date the notice is actually received by a buyer in the ordinary course of business or the first date upon which delivery is attempted by a carrier. A buyer i…
Neb. Rev. Stat. § 52-132 Public property; exempt from lien.
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Notwithstanding the provisions on existence of a construction lien of section 52-131, no lien attaches under sections 52-125 to 52-159 to real estate owned by the state, a county, a municipality, or other governmental agency or political subdivision.
Neb. Rev. Stat. § 52-1320 Buyer subject to security interest; when; waiver or release.
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(1) A buyer in the ordinary course of business buying farm products covered by the central filing system shall take subject to the security interest identified under such system, except that a registrant or a buyer in the ordinary course of business making an inquiry under sectio…
Neb. Rev. Stat. § 52-1321 Filing prior to December 24, 1986; effect.
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An effective financing statement filed prior to December 24, 1986, shall be considered as filed on such date.
Neb. Rev. Stat. § 52-1322 Filing prior to July 1, 1999; effect.
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An effective financing statement filed on or before July 1, 1999, in accordance with section 52-1307, which has not lapsed on or before July 1, 1999, may be continued by the filing of a continuation statement in accordance with section 52-1314 in the office of the Secretary of St…
Neb. Rev. Stat. § 52-133 Real estate subject to construction lien.
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(1) If at the time a construction lien is recorded there is a recorded notice of commencement covering the improvement pursuant to which the lien arises, the lien is on the contracting owner's real estate described in the notice of commencement. (2) Except as provided in subsecti…
Neb. Rev. Stat. § 52-134 Lien for materials; conditions; limitations.
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(1) A lien for furnishing materials arises only if: (a) They are supplied with the intent, shown by the contract of sale, the delivery order, delivery to the site by the claimant or at his or her direction, or by other evidence, that they be used in the course of construction of,…
Neb. Rev. Stat. § 52-135 Notice of right to assert lien; contents; optional notice to contracting owner; notice, when effective; applicability of section.
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(1) At any time after a claimant has entered into the contract under which he or she may claim a lien under the Nebraska Construction Lien Act, he or she may give notice of the right to assert a lien to the contracting owner. The notice of the right to assert a lien must be in wr…
Neb. Rev. Stat. § 52-136 Amount of lien.
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(1) Subject to subsection (3) of this section: (a) The lien of a prime contractor is for the unpaid part of his or her contract price; and (b) Except as against a protected party contracting owner, the lien of a claimant other than a prime contractor is for the amount unpaid unde…
Neb. Rev. Stat. § 52-137 Attachment and enforcement of lien; recording required; time limitation; attachment, when.
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(1) A claimant's lien does not attach and may not be enforced unless, after entering into the contract under which the lien arises and not later than one hundred twenty days after his or her final furnishing of services or materials, he or she has recorded a lien. (2) If a lien i…
Neb. Rev. Stat. § 52-138 Priority among lien claimants.
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(1) All liens attaching at the same time have equal priority and share the amount received upon foreclosure of the liens and available for distribution to construction lien claimants in the same ratio as the ratio of the particular lien bears to the total of all liens attaching a…
Neb. Rev. Stat. § 52-139 Priority of construction liens as against claims other than construction lien claims.
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(1) Except as provided in this section, a construction lien has priority over adverse claims against the real estate as if the construction-lien claimant were a purchaser for value without knowledge who had recorded at the time his or her lien attached. (2) Except as provided in …
Neb. Rev. Stat. § 52-140 Duration of lien; demand to institute judicial proceedings; continuation of lien during pendency of proceeding.
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(1) Except as provided in subsections (2) and (3) of this section, a lien that has become enforceable as provided in sections 52-125 to 52-159 continues enforceable for two years after recording of the lien. (2) Except as provided in subsection (3) of this section, if an owner, h…
Neb. Rev. Stat. § 52-1401 Terms, defined.
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As used in sections 52-1401 to 52-1411, unless the context otherwise requires: (1) Agricultural chemical shall mean a fertilizer or agricultural chemical which is applied to crops or land which is used for the raising of crops; (2) Feed shall mean a commercial feed, a feed ingred…
Neb. Rev. Stat. § 52-1402 Lien-notification statement; requirements; contents.
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(1) A person supplying an agricultural production input may notify a lender of an agricultural production input lien by providing a lien-notification statement to the lender in an envelope marked IMPORTANT — LEGAL NOTICE and sent by certified mail or another verifiable method. (2…
Neb. Rev. Stat. § 52-1403 Lien-notification statement; lender response.
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Within fifteen calendar days after receiving a lien-notification statement, the lender shall respond to the supplier with either: (1) A letter of commitment for part or all of the amount in the lien-notification statement and, if the letter of commitment is for only part of the a…
Neb. Rev. Stat. § 52-1404 Lender response; effect.
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If the lender responds with a letter of commitment, the supplier may not obtain a lien for the amount stated in the letter of commitment. If the lender responds with a written refusal to issue a letter of commitment, the rights of the lender and the supplier are not affected by s…
Neb. Rev. Stat. § 52-1405 Lender; failure to respond; effect.
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If a lender does not respond to the supplier within fifteen calendar days after receiving the lien-notification statement: (1) If the agricultural production input is feed for livestock, a supplier who furnishes the feed has an agricultural production input lien which has priorit…
Neb. Rev. Stat. § 52-1406 Lien; attachment; when.
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(1) The agricultural production input lien attaches to: (a) The existing crops upon the land where a furnished agricultural chemical was applied or, if crops are not planted, the next production crop where a furnished agricultural chemical was applied within sixteen months follow…
Neb. Rev. Stat. § 52-1407 Lien; perfection; financing statement; filing; priority; enforcement; fee.
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(1) An agricultural production input lien shall be perfected as provided in article 9, Uniform Commercial Code. Any financing statement filed to perfect such lien shall contain or have attached thereto the information required in subsection (2) of section 52-1402 and shall be fil…
Neb. Rev. Stat. § 52-1408 Lien; enforcement procedures; extinguishment.
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An action to enforce an agricultural production input lien may be brought in the district court in a county where some part of the crop or livestock was located after the lien is perfected. A lien-notification statement may be amended, except for the amount demanded, by leave of …
Neb. Rev. Stat. § 52-1409 Lien satisfied; financing statement; termination.
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When an agricultural production input lien is satisfied, any financing statement filed to perfect that lien shall be terminated in the manner and form provided in article 9, Uniform Commercial Code.
Neb. Rev. Stat. § 52-141 Surety bond; notice recorded; no lien attaches to real estate; bond, requirements; copy to claimant; action against surety.
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(1) A lien does not attach to the real estate on behalf of any claimant claiming through a particular prime contractor if the owner or the prime contractor has procured from a surety company authorized to do business in this state a bond meeting the requirements of this section a…
Neb. Rev. Stat. § 52-1410 Sections, how construed.
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Nothing in sections 52-1401 to 52-1410 shall be construed to negate or affect the provisions of Chapter 52, articles 2, 5, 7, 9, 11, 12, and 15, and Chapter 54, article 2.
Neb. Rev. Stat. § 52-1411 Bankruptcy; effect.
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The filing of a petition for relief under any bankruptcy law of the United States shall render any unperformed letter of commitment under sections 52-1401 to 52-1408 null and void.
Neb. Rev. Stat. § 52-142 Substitution of collateral; release of lien; procedure.
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(1) Any person having an interest in real estate may release the real estate from liens which have attached to it by: (a) Depositing in the office of the clerk of the district court of the county in which the lien is recorded a sum of money in cash, certified check, or other bank…
Neb. Rev. Stat. § 52-143 Obligation of claimant to furnish information to other lien claimant; damages; applicability of section.
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(1) A prime contractor, on request, is obligated to furnish the following information within a reasonable time, not exceeding ten days, to any person entitled to claim a lien through him or her: (a) A description of the real estate being improved sufficient to identify it; (b) Th…
Neb. Rev. Stat. § 52-144 Waiver of construction lien rights; what constitutes; validity; effect.
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(1) A written waiver of construction lien rights signed by a claimant requires no consideration and is valid and binding, whether signed before or after the materials or services were contracted for or furnished. Ambiguities in a written waiver are construed against the claimant.…
Neb. Rev. Stat. § 52-145 Notice of commencement; by whom filed; contents; recording; duration; extension.
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(1) A notice of commencement must be signed by the contracting owner, be denominated notice of commencement, and state: (a) The real estate being or intended to be improved or directly benefited, with a description thereof sufficient for identification; (b) The name and address o…
Neb. Rev. Stat. § 52-146 Termination of notice of commencement; procedure.
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(1) A contracting owner may terminate a notice of commencement as to all or any identified portion of the real estate subject to the notice of commencement by: (a) Recording a notice of termination denominated termination of notice of commencement and containing: (i) The informat…