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953 sections in this chapter.
Neb. Rev. Stat. § 76-2102 Terms, defined.
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For purposes of the Membership Campground Act: (1) Advertisement means an attempt by publication, dissemination, solicitation, or circulation to induce, directly or indirectly, any person to enter into an obligation or acquire a title or interest in a membership camping contract;…
Neb. Rev. Stat. § 76-2104 Prohibited acts.
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No person shall, in connection with the offering, sale, or lease of an interest in a membership campground: (1) Employ any device, scheme, or artifice to defraud; (2) Make any untrue statement of a material fact; (3) Fail to state a material fact necessary to make a statement cle…
Neb. Rev. Stat. § 76-2106 Exemptions from act.
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The Membership Campground Act shall not apply to the following transactions: (1) The offer, sale, or transfer by any one person of not more than one membership camping contract in any twelve-month period; (2) The offer or sale by a government, government agency, or other subdivis…
Neb. Rev. Stat. § 76-211 Deeds; execution; record.
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Deeds of real estate, or any interest therein, in this state, except leases for one year or for a less time, if executed in this state, must be signed by the grantor or grantors, being of lawful age, and be acknowledged or proved and recorded as directed in sections 76-216 to 76-…
Neb. Rev. Stat. § 76-2110 Disclosure statement; contents.
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(1) A membership camping operator shall provide a disclosure statement to a purchaser or prospective purchaser before the person signs a membership camping contract or gives any money or thing of value for the purchase of a membership camping contract. (2) The front cover or firs…
Neb. Rev. Stat. § 76-2111 Membership camping contract; delivery required; contents.
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The membership camping operator shall deliver to the purchaser a fully executed copy of a membership camping contract in writing, which contract shall include at least the following information: (1) The name of the membership camping operator and the address of its principal plac…
Neb. Rev. Stat. § 76-2112 Membership camping contract; right to cancel; effect; duties.
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A purchaser shall have the right to cancel a membership camping contract within three business days following the date the contract is executed or within three business days following the date of delivery of the written disclosure statement required by section 76-2110, whichever …
Neb. Rev. Stat. § 76-2113 Purchaser's remedies; attorney's fees and court costs.
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A purchaser's remedy for errors in or omissions from the membership camping contract, the materials delivered to the purchaser at the time of sale, or any of the disclosures required in section 76-2117 shall be limited to a right of cancellation and refund of the payment made or …
Neb. Rev. Stat. § 76-2117 Advertisement, communication, or sales literature; restrictions; disclosures required; rain check; prohibited acts.
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(1) Any advertisement, communication, or sales literature relating to membership camping contracts, including oral statements by a salesperson or any other person, shall not contain: (a) Any untrue statement of material fact or any omission of material fact which would make the s…
Neb. Rev. Stat. § 76-2118 Injunctions authorized.
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Whenever in the judgment of the commission any person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of the Membership Campground Act, the Attorney General may maintain an action in the name of the State of Nebraska in t…
Neb. Rev. Stat. § 76-2119 Civil penalty authorized.
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The Attorney General may seek a civil penalty of not more than ten thousand dollars for each violation of the Membership Campground Act in the district court of Lancaster County. Each day of continued violation shall constitute a separate offense.
Neb. Rev. Stat. § 76-212 Private seals; use abolished.
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The use of private seals upon all deeds, mortgages, leases, bonds, and other instruments and contracts in writing, is abolished, and the addition of a private seal to any such instrument or contract in writing shall not affect its equity or legality in any respect.
Neb. Rev. Stat. § 76-2120 Applicability of other law.
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A membership camping contract or an offer or a sale of a membership camping contract shall not be subject to the Securities Act of Nebraska or the Nebraska Time-Share Act.
Neb. Rev. Stat. § 76-2121 Rules and regulations.
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The commission may adopt and promulgate rules and regulations to carry out the Membership Campground Act.
Neb. Rev. Stat. § 76-213 Deeds and other instruments; executed without seal; validated.
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All deeds, mortgages, or other instruments in writing, for the conveyance or encumbrance of real estate, or any interest therein, which have been made and executed without the use of a private seal are declared to be legal and valid in all courts of law and equity in this state a…
Neb. Rev. Stat. § 76-214 Deed, memorandum of contract, or land contract; recorded; death certificate filed; statement required; access.
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(1) Except as provided in subsection (4) of this section, every grantee who has a deed to real estate recorded and every purchaser of real estate who has a memorandum of contract or land contract recorded shall, at the time such deed, memorandum of contract, or land contract is p…
Neb. Rev. Stat. § 76-215 Statement; failure to furnish; penalty.
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Any person who fails to obey the provisions of subsection (1) of section 76-214 shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than ten dollars nor exceeding five hundred dollars.
Neb. Rev. Stat. § 76-216 Deeds; acknowledgment required.
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The grantor must acknowledge the instrument with an acknowledgment as defined in section 64-205.
Neb. Rev. Stat. § 76-217 Acknowledgment; before whom taken in this state.
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The acknowledgment must be made or proved, if in this state, before a judge or clerk of any court, United States Magistrate or notary public therein; but no officer can take any such acknowledgment or proof out of his territorial jurisdiction.
Neb. Rev. Stat. § 76-217.01 Acknowledgment; defective seal; validity.
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No deed, mortgage, affidavit, power of attorney or other instrument in writing shall be invalidated because of any defects in the wording of the seal of the notary public attached thereto.
Neb. Rev. Stat. § 76-218 Acknowledgment and recording of instruments; violations; penalty.
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Every officer within this state authorized to take the acknowledgment or proof of any conveyance, and every county clerk, who shall be guilty of knowingly stating an untruth, or guilty of any malfeasance or fraudulent practice in the execution of the duties prescribed for them by…
Neb. Rev. Stat. § 76-219 Acknowledgment; before whom taken in any other state or territory.
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If the instrument is executed and acknowledged or proved in any other state, territory or district of the United States, it must be executed and acknowledged or proved either according to the laws of such state, territory or district or in accordance with the law of this state, a…
Neb. Rev. Stat. § 76-2201 Act, how cited.
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Sections 76-2201 to 76-2250 shall be known and may be cited as the Real Property Appraiser Act.
Neb. Rev. Stat. § 76-2202 Legislative findings.
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The Legislature finds that as a result of the enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act and the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, Nebraska's laws providing for regulation of real property appraisers require rest…
Neb. Rev. Stat. § 76-2203 Definitions, where found.
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For purposes of the Real Property Appraiser Act, the definitions found in sections 76-2203.01 to 76-2219.02 shall be used.
Neb. Rev. Stat. § 76-2203.01 Accredited degree-awarding community college, college, or university, defined.
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Accredited degree-awarding community college, college, or university means an institution that is approved or accredited by an accreditation association or agency recognized by the United States Secretary of Education.
Neb. Rev. Stat. § 76-2204 Appraisal, defined.
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Appraisal means (1) as a noun, an opinion of value or the act or process of developing an opinion of value or (2) as an adjective, pertaining to appraising and related functions such as real property appraisal practice. An appraisal is numerically expressed as a specific amount, …
Neb. Rev. Stat. § 76-2205 Appraisal Foundation, defined.
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Appraisal Foundation means The Appraisal Foundation that was incorporated as an Illinois not-for-profit corporation on November 30, 1987.
Neb. Rev. Stat. § 76-2205.02 Appraisal review, defined.
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Appraisal review means (1) as a noun, the act or process of developing an opinion about the quality of a real property appraiser's work that was performed as part of real property appraisal practice or (2) as an adjective, of or pertaining to an opinion about the quality of anoth…
Neb. Rev. Stat. § 76-2205.03 Appraiser Qualifications Board, defined.
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Appraiser Qualifications Board means the Appraiser Qualifications Board of the Appraisal Foundation.
Neb. Rev. Stat. § 76-2207.01 Assignment, defined.
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Assignment means a valuation service that is performed by a real property appraiser as a consequence of an agreement with a client.
Neb. Rev. Stat. § 76-2207.17 Assignment results, defined.
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Assignment results means the opinions or conclusions, not limited to value, developed by a real property appraiser when performing valuation services specific to real property appraisal practice.
Neb. Rev. Stat. § 76-2207.18 Board, defined.
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Board means the Real Property Appraiser Board.
Neb. Rev. Stat. § 76-2207.19 Certified general real property appraiser, defined.
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Certified general real property appraiser means a person who holds a valid credential as a certified general real property appraiser issued under the Real Property Appraiser Act.
Neb. Rev. Stat. § 76-2207.20 Certified real property appraiser, defined.
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Certified real property appraiser means a person who holds a valid credential as a certified general real property appraiser or a valid credential as a certified residential real property appraiser issued under the Real Property Appraiser Act.
Neb. Rev. Stat. § 76-2207.21 Certified residential real property appraiser, defined.
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Certified residential real property appraiser means a person who holds a valid credential as a certified residential real property appraiser issued under the Real Property Appraiser Act.
Neb. Rev. Stat. § 76-2207.22 Client, defined.
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Client means the person or persons who engage a real property appraiser by employment or contract in a specific assignment whether directly or through an agent.
Neb. Rev. Stat. § 76-2207.23 Completed application, defined.
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Completed application means an application for credentialing has been processed, all statutory requirements for a credential to be issued have been met by the applicant, and all required documentation is submitted to the board for final consideration.
Neb. Rev. Stat. § 76-2207.24 Complex residential real property, defined.
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Complex residential real property means residential property in which the property to be appraised, the form of ownership, or the market conditions are complicated or atypical.
Neb. Rev. Stat. § 76-2207.25 Credential, defined.
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Credential means a registration, license, or certificate.
Neb. Rev. Stat. § 76-2207.26 Credential holder, defined.
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Credential holder means (1) any person who holds a valid credential as a trainee real property appraiser, licensed real property appraiser, certified residential real property appraiser, or certified general real property appraiser and (2) any person who holds a temporary credent…
Neb. Rev. Stat. § 76-2207.27 Education provider, defined.
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Education provider means: Any real property appraisal or real-estate-related organization; proprietary school; accredited degree-awarding community college, college, or university; state or federal agency; or such other provider that may be approved by the board that provides rea…
Neb. Rev. Stat. § 76-2207.28 Evaluation assignment, defined.
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Evaluation assignment means an assignment that relates to the nature, quality, or utility of identified real estate or identified real property and typically does not include an opinion of value. Evaluation assignment does not include reports prepared by experts from professional…
Neb. Rev. Stat. § 76-2207.29 Fifteen-hour National Uniform Standards of Professional Appraisal Practice Course, defined.
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Fifteen-hour National Uniform Standards of Professional Appraisal Practice Course means the course as approved by the Appraiser Qualifications Board.
Neb. Rev. Stat. § 76-2207.30 Financial Institutions Reform, Recovery, and Enforcement Act of 1989, defined.
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Financial Institutions Reform, Recovery, and Enforcement Act of 1989 means the act as it existed on January 1, 2024.
Neb. Rev. Stat. § 76-2207.31 Instructor, defined.
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Instructor means a person approved by the board that meets or exceeds the instructor requirements specified in the Real Property Appraiser Act and rules and regulations of the board and is responsible for ensuring that the education activity content is communicated to the activit…
Neb. Rev. Stat. § 76-2207.32 Jurisdiction, defined.
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Jurisdiction means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
Neb. Rev. Stat. § 76-2212.03 Jurisdiction of practice, defined.
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Jurisdiction of practice means any jurisdiction in which an appraiser devotes his or her time engaged in real property appraisal practice.
Neb. Rev. Stat. § 76-2213 Licensed residential real property appraiser, defined.
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Licensed residential real property appraiser means a person who holds a valid credential as a licensed residential real property appraiser issued under the Real Property Appraiser Act.
Neb. Rev. Stat. § 76-2213.02 Person, defined.
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Person means an individual or a firm, a partnership, a limited partnership, a limited liability company, an association, a corporation, or any other group engaged in joint business activities, however organized.