Chapter 69 — PERSONAL PROPERTY
444 sections in this chapter.
Neb. Rev. Stat. § 69-1305.03 Gift certificate or gift card; presumed abandoned; when.
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(a) A gift certificate or gift card which is not assessed any fees and does not have an expiration date shall not be presumed to be abandoned. (b) A gift certificate or gift card which contains an expiration date or requires any type of post-sale finance charge or fee which is un…
Neb. Rev. Stat. § 69-1306 Intangible personal property distributable in voluntary dissolution; presumed abandoned; when.
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All intangible personal property distributable in the course of a voluntary dissolution of a business association, banking organization, or financial organization organized under the laws of or created in this state, that is unclaimed by the owner within two years after the date …
Neb. Rev. Stat. § 69-1307 Intangible personal property and increment held in a fiduciary capacity; presumed abandoned; when.
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All intangible personal property and any income or increment thereon, held in a fiduciary capacity for the benefit of another person is presumed abandoned unless the owner has, within five years after it becomes payable or distributable, increased or decreased the principal, acce…
Neb. Rev. Stat. § 69-1307.01 Intangible personal property held by court, public entities, or political subdivision; presumed abandoned; when.
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Except as otherwise provided by law, all intangible personal property held for the owner by any court, public corporation, public authority, or public officer of this state, or a political subdivision thereof, that has remained unclaimed by the owner for more than three years is …
Neb. Rev. Stat. § 69-1307.02 Unpaid wages; presumed abandoned; when.
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Unpaid wages, including wages represented by payroll checks owing in the ordinary course of the holder's business which remain unclaimed by the owner for more than one year after becoming payable, are presumed abandoned.
Neb. Rev. Stat. § 69-1307.03 Retirement funds; presumed abandoned; when.
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All intangible property and any income or increment derived therefrom held in an individual retirement account, a retirement plan for self-employed individuals, or similar account or plan established pursuant to the internal revenue laws of the United States, which has not been p…
Neb. Rev. Stat. § 69-1307.04 Mineral rights and proceeds; presumed abandoned; when.
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(a) For purposes of this section, unless the context otherwise requires: (1) Mineral means oil, gas, uranium, sulphur, lignite, coal, and any other substance that is ordinarily and naturally considered a mineral, regardless of the depth at which the oil, gas, uranium, sulphur, li…
Neb. Rev. Stat. § 69-1307.05 Intangible personal property held by life insurance corporation; presumed abandoned; when.
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All intangible personal property distributable in the course of a demutualization or related reorganization of a life insurance corporation that remains unclaimed is presumed abandoned two years after the date of the distribution of the property.
Neb. Rev. Stat. § 69-1307.06 Military medal; report and delivery to State Treasurer.
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Any military medal that is removed from a safe deposit box or any other safekeeping repository or agency or collateral deposit box on which the lease or rental period has expired due to nonpayment of rental charges or other reasons shall not be sold or otherwise disposed of but s…
Neb. Rev. Stat. § 69-1307.07 Military medals; State Treasurer; duties.
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The State Treasurer, upon receiving military medals, shall hold and maintain the military medals for ten years or until the original owner or the owners' respective heirs or beneficiaries can be identified and the military medals returned. After ten years, the State Treasurer may…
Neb. Rev. Stat. § 69-1308 Other intangible property; general-use prepaid card; presumed abandoned; when.
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(a) Except as provided in subsection (b) of this section, all intangible personal property, not otherwise covered by the Uniform Disposition of Unclaimed Property Act, including any income or increment thereon after deducting any lawful charges, that is held or owing in this stat…
Neb. Rev. Stat. § 69-1309 Owner in another state; property not presumed abandoned; when.
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If specific property which is subject to the provisions of sections 69-1302 and 69-1305 to 69-1308 is held for or owed or distributable to an owner whose last-known address is in another state by a holder who is subjected to the jurisdiction of that state, the specific property i…
Neb. Rev. Stat. § 69-1310 Property presumed abandoned; reports to State Treasurer; contents; filing date; property accompany report; prevent abandonment, when; verification.
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(a) Every person holding funds or other property, tangible or intangible, presumed abandoned under the Uniform Disposition of Unclaimed Property Act shall report to the State Treasurer with respect to the property as hereinafter provided. (b) The report shall be verified and shal…
Neb. Rev. Stat. § 69-1311 Report of property presumed abandoned; notices; time; contents; exceptions.
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(a) The State Treasurer shall annually cause notice to be published once in each legal newspaper of general circulation in each county in this state. (b) The published notice shall be entitled Notice to Owners of Abandoned Property and shall contain: (1)(i) The names in alphabeti…
Neb. Rev. Stat. § 69-1312 Delivery of property to State Treasurer; exceptions.
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Every person who has filed a report under section 69-1310, or in the case of sums payable on traveler's checks or money orders presumed abandoned under section 69-1302, shall pay or deliver to the State Treasurer all abandoned property specified in this report, except that, if th…
Neb. Rev. Stat. § 69-1313 Property; delivery to State Treasurer; custodian; holder relieved of liability; reimbursement.
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Upon the payment or delivery of abandoned property to the State Treasurer or upon payment or delivery of property to the State Treasurer pursuant to section 69-1321, the state shall assume custody and shall be responsible for the safekeeping thereof. Any person who pays or delive…
Neb. Rev. Stat. § 69-1314 Property paid or delivered to State Treasurer; owner not entitled to income.
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When property is paid or delivered to the State Treasurer under sections 69-1301 to 69-1329, the owner is not entitled to receive income or other increments accruing thereafter.
Neb. Rev. Stat. § 69-1315 Limitation of action; claim; effect; tolling period.
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(a) The expiration of any period of time specified by contract, statute, or court order, during which an action or proceeding may be commenced or enforced to obtain payment of a claim for money or recovery of property, shall not prevent the money or property from being presumed a…
Neb. Rev. Stat. § 69-1316 Abandoned property; State Treasurer; sell; when; notice; title.
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(a) Except as provided in section 69-1321, all abandoned property other than money, securities, bonds, or similar property delivered to the State Treasurer under the Uniform Disposition of Unclaimed Property Act shall be sold by him or her to the highest bidder at public sale in …
Neb. Rev. Stat. § 69-1317 Abandoned property; Unclaimed Property Trust Fund; record; professional finder's fee; information withheld; when; transfers; Unclaimed Property Cash Fund and Unclaimed Property Liquidation Proceeds Trust Fund; created; use; investment.
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(a)(1)(i) Except as otherwise provided in this subdivision, all funds received under the Uniform Disposition of Unclaimed Property Act shall be deposited by the State Treasurer into the Unclaimed Property Trust Fund from which he or she shall make prompt payment of claims allowed…
Neb. Rev. Stat. § 69-1318 Person claiming interest in property delivered to state; claim; filing; directed to nonprofit organization, when.
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(1) Any person claiming an interest in any property delivered to the state under section 24-345 and the Uniform Disposition of Unclaimed Property Act may file a claim thereto or to the proceeds from the sale thereof on the form prescribed by the State Treasurer. (2) As directed b…
Neb. Rev. Stat. § 69-1318.01 Payment with respect to support order obligor authorized.
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The State Treasurer may make payment on a claim filed under the Uniform Disposition of Unclaimed Property Act by a person who is not the owner of the property, or by a legal representative of such person, when the owner is an obligor, as defined in section 43-3341, and the person…
Neb. Rev. Stat. § 69-1319 Claim; hearing; decision; payment.
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(a) The State Treasurer shall consider any claim filed under sections 69-1301 to 69-1329 and may hold a hearing and receive evidence concerning it. If a hearing is held he shall prepare a finding and a decision in writing on each claim filed, stating the substance of any evidence…
Neb. Rev. Stat. § 69-1320 Claim; appeal; procedure.
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Any person aggrieved by a decision of the State Treasurer or as to whose claim the State Treasurer has failed to act within ninety days after the filing of the claim may appeal, and the appeal shall be in accordance with the Administrative Procedure Act.
Neb. Rev. Stat. § 69-1321 Abandoned property; State Treasurer; decline to accept; when; other payments or delivery authorized.
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(a) The State Treasurer or his or her designee, after receiving reports of property deemed abandoned pursuant to the Uniform Disposition of Unclaimed Property Act, may decline to receive any property reported which he or she deems to have a value less than the cost of giving noti…
Neb. Rev. Stat. § 69-1322 Failure to report property; State Treasurer; powers and duties; holder; duties.
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(a) If the State Treasurer has reason to believe that any person has failed to report property in accordance with the Uniform Disposition of Unclaimed Property Act, the State Treasurer may demand that such person file a verified report or otherwise comply with the act within thir…
Neb. Rev. Stat. § 69-1323 Refusal to deliver property; action to enforce delivery.
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If any person refuses to deliver property to the State Treasurer as required under sections 69-1301 to 69-1329, he shall bring an action in a court of appropriate jurisdiction to enforce such delivery.
Neb. Rev. Stat. § 69-1324 Failing to render report or refusing to pay or deliver property; penalty.
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(a) A person who fails to pay or deliver property within the time prescribed by the Uniform Disposition of Unclaimed Property Act shall be required to pay to the State Treasurer interest calculated pursuant to section 45-103 as such section was in effect on the date the property …
Neb. Rev. Stat. § 69-1325 State Treasurer; rules and regulations; adopt.
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The State Treasurer is hereby authorized to make necessary rules and regulations to carry out the provisions of sections 69-1301 to 69-1329.
Neb. Rev. Stat. § 69-1326 Property exempt from act.
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Sections 69-1301 to 69-1329 shall not apply to any property that has been presumed abandoned or escheated under the laws of another state prior to December 25, 1969.
Neb. Rev. Stat. § 69-1327 Act, severability.
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If any provision of sections 69-1301 to 69-1329 or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to th…
Neb. Rev. Stat. § 69-1328 Act, how construed.
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Sections 69-1301 to 69-1329 shall be so construed as to effectuate their general purpose to make uniform the law of those states which enact them.
Neb. Rev. Stat. § 69-1329 Act, how cited.
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Sections 69-1301 to 69-1329 shall be known and may be cited as the Uniform Disposition of Unclaimed Property Act.
Neb. Rev. Stat. § 69-1330 Certain unclaimed property; disposition.
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Any property that shall come into the possession of the county sheriff of any county by virtue of his or her office, the disposition of which is not otherwise provided for by law, and which appears to be abandoned or unclaimed, may be sold at auction or disposed of as provided in…
Neb. Rev. Stat. § 69-1331 Unclaimed property; sale; disposal; procedure.
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If the property described in section 69-1330 shall remain unclaimed for a period of not less than one hundred eighty days, the county sheriff may sell such property at auction. Prior to such sale the county sheriff shall cause a list of all property subject to sale to be publishe…
Neb. Rev. Stat. § 69-1332 Unclaimed property; sale proceeds; disposition.
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The county sheriff shall pay over to the county treasurer the proceeds of any sale authorized by sections 69-1330 to 69-1332, less the reasonable expenses of such sale. The county treasurer shall hold such proceeds for a period of two years from the date of sale. If at the end of…
Repealed. Laws 1974, LB 327, § 16.
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[Repealed or reserved.]
Repealed. Laws 1974, LB 327, § 16.
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[Repealed or reserved.]
Neb. Rev. Stat. § 69-1501 Retailer; contract; termination; reimbursement for implements, machinery, and parts.
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Whenever any person, firm, or corporation engaged in the business of selling and retailing farm implements and repair parts for farm implements enters into a written contract evidenced by a franchised agreement whereby such retailer agrees to maintain a stock of parts or complete…
Neb. Rev. Stat. § 69-1502 Prices for implements, machinery, and parts; how determined.
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The prices of farm implements, machinery, and repair parts therefor, required to be paid to any retail dealer as provided in section 69-1501, shall be determined by taking one hundred percent of the net cost on farm implements, machinery, and attachments, and eighty-five percent …
Neb. Rev. Stat. § 69-1503 Manufacturer, wholesaler, or distributor; failure to furnish or make payment; liability; damages.
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In the event that any manufacturer, wholesaler, or distributor of farm machinery, farm implements, and repair parts for farm machinery and farm implements, or of repair parts therefor, upon cancellation of a contract by either a retailer or a manufacturer, wholesaler, or distribu…
Neb. Rev. Stat. § 69-1504 Retail dealer; majority stockholder; death; settlement with heirs.
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In the event of the death of the retail dealer or majority stockholder in a corporation operating a retail dealership in the business of selling and retailing farm implements or repair parts for farm implements, the wholesaler, distributor, or manufacturer who supplied such merch…
Neb. Rev. Stat. § 69-1601 Terms, defined.
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For purposes of sections 69-1601 to 69-1607, unless the context otherwise requires: (1) Home solicitation sale shall mean a sale, lease, or rental of consumer goods or services with a purchase price of twenty-five dollars or more, whether under a single or multiple contract, in w…
Neb. Rev. Stat. § 69-1602 Disclosure obligations.
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In a home solicitation sale the seller shall, at the outset, clearly and expressly disclose the seller's individual name, the name of the business firm or organization he represents, and the identity or kind of goods or services he offers to sell.
Neb. Rev. Stat. § 69-1603 Right to cancel; manner of cancellation.
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(1) In addition to any right otherwise to revoke an offer, to rescind the transaction or to exercise any remedy for the seller's breach, a buyer may cancel a home solicitation sale until midnight of the third business day after the seller has given notice to the buyer in accordan…
Neb. Rev. Stat. § 69-1604 Notice of right to cancel; form; foreign language; when delivered; time; exception.
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(1) Whenever a buyer has the right to cancel a home solicitation sale, the seller's contract shall contain a notice to be printed in capital and lowercase letters of not less than ten-point boldface type and appear under the conspicuous caption: BUYER'S RIGHT TO CANCEL; which sha…
Neb. Rev. Stat. § 69-1605 Cancellation, effect.
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(1) Within ten days after a home solicitation sale has been canceled, the seller shall cause any money paid by the buyer, including a downpayment, to be returned to the buyer and shall take appropriate action to reflect the termination of the transaction including any security in…
Neb. Rev. Stat. § 69-1606 Duty of buyer; failure of seller to take possession; performance of service, how treated.
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(1) The buyer shall take reasonable care of any property received pursuant to the home solicitation sale in his possession before cancellation and for a reasonable time after tender, not to exceed twenty days. (2) Upon the performance of the seller's obligations under section 69-…
Neb. Rev. Stat. § 69-1607 Sale made in violation of sections; buyer recovery.
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Any sale made in violation of sections 69-1601 to 69-1607 shall entitle the buyer to recover any sums paid to the seller pursuant to the transaction along with the actual damages, including any incidental and consequential damages, sustained by the buyer by reason of the violatio…
Neb. Rev. Stat. § 69-1701 Outdoor advertising sign; removal by public body; compensation; how determined; exception.
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(1) Before an outdoor advertising sign, display, or device is removed, taken, or appropriated through the use of zoning or any other power or authority possessed by the state, a state agency, or a political subdivision of the state: (a) The value of the sign, display, or device s…