Chapter 76 — REAL PROPERTY
1,095 sections in this chapter.
Neb. Rev. Stat. § 76-2233 Reciprocity; credential; issuance; when; applicant; duties; fingerprints; national criminal history record check; verification of status.
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(1) A person currently credentialed to engage in real property appraisal practice concerning real estate and real property under the laws of another jurisdiction may qualify for a credential through reciprocity as a licensed residential real property appraiser, a certified reside…
Neb. Rev. Stat. § 76-2233.01 Nonresident; temporary credential; issuance; when; investigation of violations.
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(1) A nonresident currently credentialed to engage in real property appraisal practice concerning real estate and real property under the laws of another jurisdiction may obtain a temporary credential as a licensed residential real property appraiser, a certified residential real…
Neb. Rev. Stat. § 76-2233.02 Credential; expiration; renewal; fees.
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(1) A credential issued under the Real Property Appraiser Act other than a temporary credential shall remain in effect until December 31 of the designated year unless surrendered, revoked, suspended, or canceled prior to such date. To renew a valid credential, the credential hold…
Neb. Rev. Stat. § 76-2233.03 Credential; inactive status; application; prohibited acts; reinstatement; expiration; reapplication.
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(1) A credential holder may request that his or her credential be placed on inactive status for a period not to exceed two years. Such requests shall be submitted to the board on an application form prescribed by the board. The payment of the appropriate fee in an amount establis…
Repealed. Laws 2001, LB 162, § 44.
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[Repealed or reserved.]
Repealed. Laws 2001, LB 162, § 44.
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[Repealed or reserved.]
Repealed. Laws 2001, LB 162, § 44.
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[Repealed or reserved.]
Neb. Rev. Stat. § 76-2236 Continuing education; requirements.
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(1) Every credential holder shall furnish evidence to the board that he or she has satisfactorily completed no fewer than twenty-eight hours of approved continuing education activities in each two-year continuing education period. Hours of satisfactorily completed approved contin…
Neb. Rev. Stat. § 76-2236.01 Use of titles; restrictions.
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(1)(a) No person other than a licensed residential real property appraiser shall assume or use the title licensed residential real property appraiser or any title, designation, or abbreviation likely to create the impression of credentialing as a licensed residential real propert…
Neb. Rev. Stat. § 76-2237 Uniform Standards of Professional Appraisal Practice; rules and regulations.
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Each credential holder shall comply with the Uniform Standards of Professional Appraisal Practice. The board may adopt and promulgate rules and regulations to assist in the enforcement of the Uniform Standards of Professional Appraisal Practice.
Neb. Rev. Stat. § 76-2238 Disciplinary action; denial of application; grounds.
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The following acts and omissions shall be considered grounds for disciplinary action or denial of an application by the board: (1) Failure to meet the minimum qualifications for credentialing established by or pursuant to the Real Property Appraiser Act; (2) Procuring or attempti…
Neb. Rev. Stat. § 76-2239 Investigations; authorized; disciplinary action; contingent dismissal agreement; cease and desist order; complaint; procedure; hearing.
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(1)(a) The board may, upon its own motion, and shall, upon the written complaint of any aggrieved person, cause an investigation to be made with respect to an alleged violation of the Real Property Appraiser Act. Upon receipt of information indicating a violation of the Real Prop…
Repealed. Laws 1969, c. 614, § 1.
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[Repealed or reserved.]
Neb. Rev. Stat. § 76-2240 Complaints; hearing; decision; order; appeal.
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(1) The administrative hearing on the allegations in the complaint filed pursuant to section 76-2239 shall be heard by a hearing officer at the time and place prescribed by the board and in accordance with the Administrative Procedure Act. If, at the conclusion of the hearing, th…
Neb. Rev. Stat. § 76-2241 Fees.
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(1) The board shall charge and collect appropriate fees for its services under the Real Property Appraiser Act as follows: (a) A credential application fee of no more than two hundred dollars; (b) An examination fee of no more than three hundred dollars. The board may direct appl…
Neb. Rev. Stat. § 76-2242 Credential holder; proof of credentials; issuance; duplicate proof.
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(1) The board shall provide to each credential holder proof that such person has been credentialed under the Real Property Appraiser Act for the classification requirements set forth in the act. The board may also issue a credentialing card in such size and form as it may approve…
Neb. Rev. Stat. § 76-2243 Professional corporation; real property appraisal practice.
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Nothing contained in the Real Property Appraiser Act shall be deemed to prohibit any credential holder under the act from engaging in real property appraisal practice as a professional corporation in accordance with the Nebraska Professional Corporation Act.
Neb. Rev. Stat. § 76-2244 Principal place of business; requirements.
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Each credential holder shall designate in the manner prescribed by the board a principal place of business. Upon any change of his or her principal place of business, a credential holder shall promptly give notice thereof in writing to the board and the board shall issue a new pr…
Neb. Rev. Stat. § 76-2245 Action for compensation; conditions.
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No person engaged in real property appraisal practice in this state or acting in the capacity of a real property appraiser in this state may bring or maintain any action in any court of this state to collect compensation for the performance of valuation services for which credent…
Neb. Rev. Stat. § 76-2246 Appraisal without credentials; penalty.
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Any person required to be credentialed by the Real Property Appraiser Act who, directly or indirectly for another, offers, attempts, agrees to engage in, or engages in real property appraisal practice or who advertises or holds himself or herself out to the general public as a re…
Repealed. Laws 1991, LB 203, § 58.
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[Repealed or reserved.]
Neb. Rev. Stat. § 76-2247.01 Services; authorized; standards applicable.
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(1) A person may retain or employ a real property appraiser credentialed under the Real Property Appraiser Act to perform valuation services. In each case, the valuation services specific to real property appraisal practice, including any report, shall comply with the Real Proper…
Neb. Rev. Stat. § 76-2248 Attorney General; powers and duties.
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At the request of the board, the Attorney General shall render to the board an opinion with respect to all questions of law arising in connection with the administration of the Real Property Appraiser Act and shall act as attorney for the board in all actions and proceedings brou…
Neb. Rev. Stat. § 76-2248.01 Violations of act; action by Attorney General.
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Whenever, in the judgment of the board, any person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of the Real Property Appraiser Act, the Attorney General may maintain an action in the name of the State of Nebraska, in t…
Neb. Rev. Stat. § 76-2249 Directory of appraisers; information; distribution.
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(1) The board may prepare a directory showing the name, place of business, and effective and expiration dates for credentials of credential holders under the Real Property Appraiser Act which may be made available on the board's website. Printed copies of the directory shall be m…
Repealed. Laws 1969, c. 614, § 1.
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[Repealed or reserved.]
Neb. Rev. Stat. § 76-2250 Certificate of good standing.
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The board may, upon payment of the appropriate fee in an amount established by the board pursuant to section 76-2241, issue a certificate of good standing to any credential holder under the Real Property Appraiser Act who is in good standing in this state.
Repealed. Laws 2016, LB729, § 4.
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[Repealed or reserved.]
Neb. Rev. Stat. § 76-226 Deeds; execution in foreign country; laws governing; acknowledgment.
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If such deed be executed in a foreign country, it may be executed according to the laws of such country, and the execution thereof may be acknowledged before any notary public therein, or before any minister plenipotentiary, minister extraordinary, minister resident, charge d'aff…
Neb. Rev. Stat. § 76-227 Acknowledgment before army officers; validity.
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The acknowledgment of legal instruments, the attestation of documents, the administration of oaths and other notarial acts, heretofore or hereafter taken before any duly commissioned officer of the army, navy, marine corps, coast guard, or any other component part of the armed fo…
Neb. Rev. Stat. § 76-228 Proof in lieu of acknowledgment; when authorized.
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If the grantor dies before acknowledgment, or if for any cause his attendance cannot be procured in order to make the same, or, having appeared, he refused to acknowledge it, proof of the execution and delivery of the deed may be made by any competent subscribing witness thereto …
Neb. Rev. Stat. § 76-229 Proof in lieu of acknowledgment; power of officer to subpoena witnesses.
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The officer has power to issue the necessary subpoenas for the subscribing witnesses, residing in the same county, to appear before him for the purpose stated in section 76-228.
Neb. Rev. Stat. § 76-230 Proof in lieu of acknowledgment; witness; disobedience to subpoena; penalty.
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Every person served with a subpoena and tendered the fees of a witness who, without reasonable cause, refuses or neglects to appear, or appearing, refuses to answer upon oath touching the matters referred to in section 76-228, shall forfeit to the party injured one hundred dollar…
Neb. Rev. Stat. § 76-2301 Act, how cited.
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Sections 76-2301 to 76-2334 shall be known and may be cited as the One-Call Notification System Act.
Neb. Rev. Stat. § 76-2302 Legislative intent.
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(1) It is the intent of the Legislature to establish a means by which excavators may notify operators of underground facilities in an excavation area so that operators have the opportunity to identify and locate the underground facilities prior to excavation and so that the excav…
Neb. Rev. Stat. § 76-2303 Definitions, where found.
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For purposes of the One-Call Notification System Act, the definitions found in sections 76-2303.01 to 76-2317 shall be used.
Neb. Rev. Stat. § 76-2303.01 Bar test survey, defined.
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Bar test survey means a leakage survey completed with a nonconductive piece of equipment made by manually driving small holes in the ground at regular intervals along the route of an underground gas pipe for the purpose of extracting a sample of the ground atmosphere and testing …
Neb. Rev. Stat. § 76-2304 Business day, defined.
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Business day shall mean any day other than a Saturday, Sunday, or state or nationally observed legal holiday.
Neb. Rev. Stat. § 76-2305 Center, defined.
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Center means a call center which shall have as its principal purpose the statewide receipt and dissemination to participating operators of information on a fair and uniform basis concerning intended excavations by excavators in areas where operators have underground facilities.
Neb. Rev. Stat. § 76-2305.01 Committee, defined.
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Committee means the Underground Excavation Safety Committee.
Neb. Rev. Stat. § 76-2306 Damage, defined.
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Damage shall mean any impact with, partial or complete severance, destruction, impairment, or penetration of, or removal or weakening of support from an underground facility, including its protective coating, housing, or other protective device.
Neb. Rev. Stat. § 76-2307 Emergency condition, defined.
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Emergency condition shall mean any condition which constitutes a clear and present danger to life, health, or property or which demands immediate action to prevent or repair a major service outage.
Neb. Rev. Stat. § 76-2308 Excavation, defined.
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Excavation shall mean any activity in which earth, rock, or other material in or on the ground is moved or otherwise displaced by means of tools, equipment, or explosives and shall include grading, trenching, digging, ditching, drilling, augering, tunneling, scraping, and cable o…
Neb. Rev. Stat. § 76-2309 Excavator, defined.
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Excavator shall mean a person who engages in excavation in this state.
Neb. Rev. Stat. § 76-231 Proof in lieu of acknowledgment; by handwriting; when authorized.
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If all the subscribing witnesses shall be dead, or out of the state, such death or absence is first to be proved, and then the execution of the deed may be proved before such officer by proving the handwriting of the grantor and of any subscribing witness to such deed.
Neb. Rev. Stat. § 76-2310 Gas or hazardous liquid underground pipeline facility, defined.
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Gas or hazardous liquid underground pipeline facility shall mean any underground facility used or intended for use in the transportation of gas or the treatment of gas or used or intended for use in the transportation of hazardous liquids including petroleum or petroleum products…
Neb. Rev. Stat. § 76-2310.01 Locator, defined.
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Locator means a person who identifies and marks underground facilities for an operator, including a contractor who performs such location services for an operator.
Neb. Rev. Stat. § 76-2311 Nonpermanent surface, defined.
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Nonpermanent surface shall mean any ground consisting of uncovered dirt or rock or ground that is covered by grass or other plant life, crushed rock, gravel, or other similar natural substance.
Neb. Rev. Stat. § 76-2312 Normal working hours, defined.
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Normal working hours shall mean the hours of 7 a.m. to 5 p.m. on a business day in each time zone in the state.
Neb. Rev. Stat. § 76-2313 Operator, defined.
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Operator shall mean a person who manages or controls the functions of an underground facility but shall not include a person who is an owner or tenant of real property where underground facilities are located if the underground facilities are used exclusively to furnish services …