Chapter 76, REAL PROPERTY
953 sections in this chapter.
Neb. Rev. Stat. § 76-122 Sections; conveyances not affected.
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Sections 76-101 to 76-123 shall not apply to acts which occurred or to conveyances which became effective before August 24, 1941, except as provided in subsections (2) and (3) of section 76-107.
Neb. Rev. Stat. § 76-1220 Comparable replacement dwelling, defined.
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Comparable replacement dwelling shall mean any dwelling that is (1) decent, safe, and sanitary, (2) adequate in size to accommodate the occupants, (3) within the financial means of the displaced person, (4) functionally equivalent to the dwelling that the displaced person is requ…
Neb. Rev. Stat. § 76-1221 Displaced person, defined.
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(1) Displaced person means: (a) Any person who, on or after April 2, 1989, moves from or moves his or her personal property from real property as a result of a written notice of the intent to acquire, the initiation of negotiations for, or the acquisition of such real property, i…
Neb. Rev. Stat. § 76-1222 Displacing agency, defined.
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Displacing agency shall mean (1) any agency carrying out a publicly financed project which causes an individual to become a displaced person and (2) any person lacking the power of eminent domain who carries out a publicly financed project when that project causes an individual t…
Neb. Rev. Stat. § 76-1223 Farm operation, defined.
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Farm operation shall mean any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use and customarily producing such products or commodities in sufficient quantity to be capable of contr…
Neb. Rev. Stat. § 76-1224 Lead agency, defined.
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Lead agency shall mean the Nebraska Department of Transportation.
Neb. Rev. Stat. § 76-1225 Mortgage, defined.
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Mortgage shall mean any of such classes of liens as are commonly given to secure advances on or the unpaid purchase price of real property under the laws of the state, together with the credit instruments, if any, secured thereby.
Neb. Rev. Stat. § 76-1226 Person, defined.
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Person shall mean any individual, partnership, limited liability company, corporation, or association.
Neb. Rev. Stat. § 76-1227 Publicly financed project, defined.
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Publicly financed project shall mean any project undertaken by an agency in which any part of the cost is to be paid (1) from funds derived from federal, state, or local taxes of any type, (2) by revenue or general obligation bonds issued by the agency, or (3) from funds derived …
Neb. Rev. Stat. § 76-1228 Payment to displaced person; amount.
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(1) Whenever a program or project to be undertaken by a displacing agency will result in the displacement of any person, the head of the displacing agency shall provide for the payment to the displaced person of: (a) Actual reasonable expenses in moving himself or herself and his…
Neb. Rev. Stat. § 76-1229 Displacement from dwelling; expense and dislocation allowance; schedule.
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Any displaced person eligible for payments under section 76-1228 who is displaced from a dwelling and who elects to accept the payments authorized by this section in lieu of the payments authorized by section 76-1228 may receive an expense and dislocation allowance which shall be…
Neb. Rev. Stat. § 76-123 Act, how cited.
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Sections 76-101 to 76-123 may be referred to as the Uniform Property Act.
Neb. Rev. Stat. § 76-1230 Displacement from business or farm; fixed payment; criteria.
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Any displaced person eligible for payments under section 76-1228 who is displaced from the person's place of business or farm operation and who is eligible for payments under this section according to criteria established by the head of the lead agency may elect to accept the pay…
Neb. Rev. Stat. § 76-1231 Owner; displacement from dwelling; additional payment; amount.
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In addition to payments otherwise authorized by the Relocation Assistance Act, the head of the displacing agency shall make an additional payment not to exceed twenty-two thousand five hundred dollars to any displaced person who is displaced from a dwelling actually owned and occ…
Neb. Rev. Stat. § 76-1232 Owner; displacement from dwelling; additional payment; requirements.
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The additional payment authorized by section 76-1231 shall be made only to a displaced person who purchases and occupies a decent, safe, and sanitary replacement dwelling within one year after the date on which such person receives final payment from the displacing agency for the…
Neb. Rev. Stat. § 76-1233 Renter; displacement from dwelling; additional payment; requirements; use.
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(1) In addition to amounts otherwise authorized by the Relocation Assistance Act, the head of a displacing agency shall make a payment to or for any displaced person displaced from any dwelling not eligible to receive a payment under section 76-1231 which dwelling was actually an…
Neb. Rev. Stat. § 76-1234 Comparable replacement housing; required; head of displacing agency; powers.
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No person shall be required to move from his or her dwelling as a result of any publicly financed project unless the head of the displacing agency is satisfied that comparable replacement housing is available to such person. If a publicly financed project cannot proceed on a time…
Neb. Rev. Stat. § 76-1235 Payments; how treated.
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No payment received by a displaced person pursuant to the Relocation Assistance Act shall be considered as income or resources for the purpose of determining the eligibility or extent of eligibility of any person for assistance under any state law or for the purposes of the state…
Neb. Rev. Stat. § 76-1236 Other payments; effect on payment under act.
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No payment or assistance under the Relocation Assistance Act shall be required to be made to any person or included as a program or project cost if such person receives a payment required by federal, state, or local law which is determined by the head of the displacing agency to …
Neb. Rev. Stat. § 76-1237 Publicly financed projects; planning requirements.
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Publicly financed projects shall be planned in a manner that (1) recognizes, at an early stage in the planning of such project and before the commencement of any action which will cause displacements, the problems associated with the displacement of individuals, families, busines…
Neb. Rev. Stat. § 76-1238 Relocation assistance advisory services; available; when; requirements.
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(1) The head of any displacing agency shall ensure that the relocation assistance advisory services described in subsection (2) of this section are made available to all persons displaced by such agency. If the agency head determines that any person occupying property immediately…
Neb. Rev. Stat. § 76-1239 Contracts for services authorized.
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In order to prevent unnecessary expense and duplication of functions and to promote uniform and effective administration of relocation assistance programs, an agency may enter into contracts with any person for services in connection with such programs or may carry out its functi…
Neb. Rev. Stat. § 76-1240 Rules and regulations.
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The head of the lead agency shall adopt and promulgate, with the active participation of the heads of other state agencies responsible for funding relocation and acquisition actions and in coordination with local governments, such rules and regulations as may be necessary to carr…
Neb. Rev. Stat. § 76-1241 Appeal; act, how construed.
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Any person aggrieved by a determination as to eligibility for a payment authorized by the Relocation Assistance Act or as to the amount of the payment may appeal the determination. The appeal shall be in accordance with the Administrative Procedure Act. Nothing in the Relocation …
Neb. Rev. Stat. § 76-1242 Appropriations; use.
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Any funds which have been appropriated by or to any agency for the acquisition of real property or any interest in real property for a particular program or project shall also be available for expenditure to carry out the Relocation Assistance Act as applied to such program or pr…
Neb. Rev. Stat. § 76-1301 Declaration of purpose.
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The Legislature finds that in order to insure the economic security of Nebraskans of retirement age it is necessary to require those persons who develop retirement subdivisions and communities to make a full and periodic disclosure of their fiscal condition. The Legislature also …
Neb. Rev. Stat. § 76-1302 Terms, defined.
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For the purposes of sections 76-1301 to 76-1315, unless the context otherwise requires: (1) Retirement subdivision shall mean any land which is divided or proposed to be divided into ten or more lots, whether contiguous or not, for the purpose of sale or lease as part of a common…
Neb. Rev. Stat. § 76-1303 State Real Estate Commission; administer sections; advisory group.
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(1) The provisions of sections 76-1301 to 76-1315 shall be administered by the State Real Estate Commission. (2) All rules, regulations and administrative procedures adopted by the agency pursuant to sections 76-1301 to 76-1315 shall be promulgated with the advice and counsel of …
Neb. Rev. Stat. § 76-1304 Application of sections; exceptions.
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Unless the method of disposition is adopted for the purpose of evasion of the provisions of sections 76-1301 to 76-1315, such provisions shall not apply to offers or dispositions of any lot or unit in a retirement subdivision or community by a purchaser for his or her own account…
Neb. Rev. Stat. § 76-1305 Offering or disposition; requirements; right to cancel; escrow.
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Unless the retirement subdivision or community lands or the transaction is exempt by section 76-1304: (1) No person may offer or dispose of any lot or unit in any retirement subdivision or community located in this state, nor offer or dispose in this state of any lot or unit in a…
Neb. Rev. Stat. § 76-1306 Registration; record; contents; fee.
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(1) A retirement subdivision or community may be registered by filing with the agency a statement of record containing the following documents and information: (a) An acknowledgment that the developer shall be amenable to process issued by any court of this state in any noncrimin…
Neb. Rev. Stat. § 76-1307 Public-offering statement; contents.
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(1) A public-offering statement shall disclose fully and accurately the physical characteristics of the retirement subdivision or community. The proposed public-offering statement submitted to the agency shall be in a form prescribed by its rules and shall as a minimum include th…
Neb. Rev. Stat. § 76-1308 Statement of record; examination by agency.
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Upon receipt of a statement of record in proper form, the agency shall forthwith initiate an examination to determine that: (1) The developer can convey or cause to be conveyed the interest in a retirement subdivision or community offered for disposition if the purchaser complies…
Neb. Rev. Stat. § 76-1309 Effective date of registration; statement of record; suspension; when; hearing; when.
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(1) Except as provided in subsection (3) of this section, the effective date of the registration of the retirement subdivision or community shall be the sixtieth day after the filing of the statement of record or such earlier date as the agency may determine, having due regard to…
Neb. Rev. Stat. § 76-1310 Annual report; contents.
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Within thirty days after each annual anniversary date of an order registering a retirement subdivision or community, the developer or managing agent of such lands shall file a report in the form prescribed by the rules of the agency. The report shall include current audited finan…
Neb. Rev. Stat. § 76-1311 Rules and regulations; investigations.
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The agency shall adopt, amend, or repeal such rules and regulations as are necessary for the enforcement of the provisions of sections 76-1301 to 76-1315, in accordance with the Administrative Procedure Act, regarding the adoption of such rules and regulations. The agency shall t…
Neb. Rev. Stat. § 76-1312 Agency; powers.
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(1) The agency may: (a) Make necessary public or private investigations within or outside of this state to determine whether any person has violated or is about to violate the provisions of sections 76-1301 to 76-1315 or any rule or order under the provisions of sections 76-1301 …
Neb. Rev. Stat. § 76-1313 Developer or association; representatives on governing body; separate advisory committee; selection; powers.
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(1) When the developer or association of a Nebraska retirement subdivision or community is incorporated or has a certificate of authority to transact business under Nebraska statutes as a nonprofit corporation and such corporation governs the management of only one retirement sub…
Neb. Rev. Stat. § 76-1314 Agency order; appeal.
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An order of the agency which has become final may be appealed in accordance with the Administrative Procedure Act.
Neb. Rev. Stat. § 76-1315 Prohibited acts; violations; penalty; injunction; cease and desist order.
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(1) A developer, agent, managing agent, or association, or any other person subject to sections 76-1301 to 76-1315, shall not make, publish, disseminate, circulate, or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated, or p…
Neb. Rev. Stat. § 76-14,100 Landlord; removal or exclusion of tenant; failure to supply services; tenant; remedies.
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If a landlord unlawfully removes or excludes a tenant from a mobile home park or willfully diminishes services to a tenant by interrupting or causing the interruption of electric, gas, water, or other essential service to the tenant, the tenant may recover possession, require the…
Neb. Rev. Stat. § 76-14,101 Noncompliance by tenant; landlord's rights.
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(1) If there is a noncompliance with section 76-1493 materially affecting health and safety or a material noncompliance by the tenant with the rental agreement, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and t…
Neb. Rev. Stat. § 76-14,102 Noncompliance by tenant affecting health and safety; landlord's rights.
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If there is noncompliance by a tenant with section 76-1493 materially affecting health and safety or any condition which is ordered to be changed by the State Fire Marshal, the State Electrical Board, the Department of Health and Human Services, or any other regulatory body with …
Neb. Rev. Stat. § 76-14,103 Failure to enforce rights; effect on subsequent enforcement.
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Failure to enforce any portion of the rental agreement or to enforce any violation of the rules or regulations shall not constitute a waiver of the right to enforce the agreement against a subsequent violation.
Neb. Rev. Stat. § 76-14,104 Termination of tenancy; action for possession and damages.
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(1) A landlord may terminate a tenancy only by means of the procedures provided in the Mobile Home Landlord and Tenant Act. (2) If a tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord m…
Neb. Rev. Stat. § 76-14,105 Violation of access rights; remedies.
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(1) If a tenant refuses to allow reasonable lawful access to the mobile home space, the landlord may terminate the rental agreement and recover actual damages. (2) If a landlord makes an unlawful entry or makes repeated demands for entry otherwise lawful but which have the effect…
Neb. Rev. Stat. § 76-14,106 Retaliatory conduct prohibited; remedies; landlord action for possession; when.
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(1) Except as provided in this section, a landlord may not retaliate by increasing rent, decreasing services, bringing or threatening to bring an action for possession, or failing to renew a rental agreement after any of the following: (a) A tenant has complained in good faith to…
Neb. Rev. Stat. § 76-14,107 Landlord, manager; relieved of liability; when.
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(1) A landlord, who conveys a mobile home park in a good faith sale to a bona fide purchaser shall be relieved of liability under the rental agreement and the Mobile Home Landlord and Tenant Act as to events occurring subsequent to written notice to the tenant of the conveyance. …
Neb. Rev. Stat. § 76-14,108 Death of tenant; effect.
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(1) If a tenant who is not the sole owner of a mobile home dies during the term of a rental agreement, the surviving joint tenant or tenant in common in the mobile home shall have all rights, privileges, and liabilities the same as the deceased tenant had. (2) If a tenant who is …
Neb. Rev. Stat. § 76-14,109 Removal of abandoned mobile home; conditions.
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(1) If a tenant abandons a mobile home on a mobile home space, the mobile home shall not be removed from the mobile home space by the tenant or his or her agent without: (a) A signed written authorization from the landlord granting clearance for removal, showing all money due and…