Chapter 76 — REAL PROPERTY
1,095 sections in this chapter.
Neb. Rev. Stat. § 76-2314 Permanent surface, defined.
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Permanent surface shall mean any ground that is covered by a hard, artificial, weatherproof material such as concrete, asphalt, or other similar artificial substance.
Neb. Rev. Stat. § 76-2315 Person, defined.
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Person means an individual, partnership, limited liability company, association, municipality, state, county, political subdivision, utility, joint venture, or corporation and shall include the employer, employee, or contractor of an individual.
Repealed. Laws 2019, LB462, § 24.
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[Repealed or reserved.]
Neb. Rev. Stat. § 76-2316.01 Ticket, defined.
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Ticket means the compilation of data received by the center in the notice of excavation and the facility locations provided to the center and which is assigned a unique identifying number.
Neb. Rev. Stat. § 76-2317 Underground facility, defined.
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Underground facility shall mean any item of personal property buried or placed below ground for use in connection with the storage or conveyance of water, sewage, electronic communications, telephonic communications, telegraphic communications, cable television, electric energy, …
Neb. Rev. Stat. § 76-2318 Center; membership required.
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Operators of underground facilities shall become members of and participate in the center.
Neb. Rev. Stat. § 76-2319 Board of directors; rules and regulations; selection of vendor.
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(1) The center shall be governed by a board of directors who shall oversee operation of the center pursuant to rules and regulations adopted and promulgated by the State Fire Marshal to carry out the One-Call Notification System Act. The board of directors shall have the authorit…
Neb. Rev. Stat. § 76-2319.01 Board of directors; duties; report.
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The board of directors shall assess the effectiveness of enforcement programs, enforcement actions, and its damage prevention and public awareness programs and make a report to the Governor and the Legislature no later than December 1, 2021, and by December 1 every odd-numbered y…
Neb. Rev. Stat. § 76-232 Proof in lieu of acknowledgment; filing.
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Any person interested in a deed that is not acknowledged, may, at any time before or during the proceedings before such officer, file, in the office of the register of deeds of the county where the lands lie, a copy of the deed, compared with the original by the register of deeds…
Neb. Rev. Stat. § 76-2320 Operator; duty to furnish information; center operational, when.
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Every operator shall furnish the vendor selected by the board of directors with information concerning the location of its underground facilities. Every operator having underground facilities in existence in this state on February 16, 1994, shall furnish such information to the v…
Neb. Rev. Stat. § 76-2320.01 Locator; training required.
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Any locator acting as a contractor for an operator to perform location services shall be trained in locator standards and practices applicable to the industry. The board of directors may review locator training materials provided by operators, locators, and excavators and may mak…
Neb. Rev. Stat. § 76-2320.02 Use of plastic or nonmetallic underground facilities; installation requirements.
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Notwithstanding any other provision of the One-Call Notification System Act, any plastic or nonmetallic underground facilities installed underground on or after January 1, 2021, shall be installed in such a manner as to be locatable, either by mapping or by use of tracer wire, by…
Neb. Rev. Stat. § 76-2321 Excavation; notice; contents; commencement.
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(1) A person shall not commence any excavation without first giving notice to every operator. An excavator's notice to the center shall be deemed notice to all operators. An excavator's notice to operators shall be ineffective for purposes of this subsection unless given to the c…
Neb. Rev. Stat. § 76-2322 Excavator; notice to center.
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An excavator shall serve notice of intent to excavate upon the center by submitting a locate request using a method provided by the center. The center shall inform the excavator of all operators to whom such notice will be transmitted and shall promptly transmit such notice to ev…
Neb. Rev. Stat. § 76-2323 Underground facilities; mark or identify; excavator; violations.
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(1) Upon receipt of the information contained in the notice pursuant to section 76-2321, an operator shall advise the excavator of the approximate location of underground facilities in the area of the proposed excavation by marking or identifying the location of the underground f…
Neb. Rev. Stat. § 76-2324 Excavator; liability for damage; when.
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An excavator who fails to give notice of an excavation pursuant to section 76-2321 or who fails to comply with section 76-2331 and who damages an underground facility by such excavation shall be strictly liable to the operator of the underground facility for the cost of all repai…
Neb. Rev. Stat. § 76-2325 Violations; civil penalty; investigation; State Fire Marshal; committee; duties; hearing; civil penalty; costs.
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(1) Until September 1, 2024: (a) Any person who violates section 76-2320, 76-2320.01, 76-2320.02, 76-2321, 76-2322, 76-2323, 76-2326, 76-2330, or 76-2331 shall be subject to a civil penalty as follows: (i) For a violation by an excavator or an operator related to a gas or hazardo…
Neb. Rev. Stat. § 76-2325.01 Unlawful interference; penalty.
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Any person who willfully and maliciously breaks, injures, destroys, or otherwise interferes with the poles, wires, or other facilities of any telecommunications, broadband, communications, wireless infrastructure, or railroad company or electric light and power company in this st…
Repealed. Laws 2023, LB683, § 30.
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[Repealed or reserved.]
Neb. Rev. Stat. § 76-2326 Damage; duty of excavator.
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If any underground facility is damaged, dislocated, or disturbed before or during excavation, the excavator shall immediately notify the center. An excavator shall not conceal or attempt to conceal damage, dislocation, or disturbance of an underground facility and shall not repai…
Neb. Rev. Stat. § 76-2327 Incorrect location; duty of excavator.
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If in the course of excavation the excavator discovers that the operator has incorrectly located the underground facility, he or she shall notify the center as soon as practical but no later than seventy-two hours after discovery.
Neb. Rev. Stat. § 76-2328 Local permits; treatment; claims against political subdivisions.
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The One-Call Notification System Act shall not affect or impair any local ordinances or other provisions of law requiring permits to be obtained before an excavation. A permit issued by a governing body shall not relieve an excavator from complying with the requirements of the ac…
Neb. Rev. Stat. § 76-2329 Emergency conditions; bar test survey; notification requirements; liability.
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(1) Sections 76-2321 and 76-2323 shall not apply to an excavation made under an emergency condition if all reasonable precautions are taken to protect the underground facilities. If an emergency condition exists, the excavator shall give notification in substantial compliance wit…
Neb. Rev. Stat. § 76-233 Proof in lieu of acknowledgment; certificate of officer.
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Every officer, who shall take the acknowledgment or proof of any deed, shall endorse a certificate thereof signed by himself on the deed, and in such certificate shall truly and specifically set forth the matters hereinbefore required to be done, known or proved, on such acknowle…
Neb. Rev. Stat. § 76-2330 Center; duties.
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The center shall: (1) Maintain adequate records documenting compliance with the requirements of the One-Call Notification System Act, including records of all telephone calls and records of all locate requests for the preceding five years which will be made available and printed …
Neb. Rev. Stat. § 76-2331 Underground natural gas transmission line; representative present; excavation; duties.
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Unless otherwise agreed by the operator and excavator in writing, no excavation shall be performed within twenty-five feet of an underground natural gas transmission line as defined in 49 C.F.R. 192.3 unless a representative of the operator of the underground natural gas transmis…
Neb. Rev. Stat. § 76-2332 State Fire Marshal; powers.
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The State Fire Marshal may, by rule and regulation, define occurrences relating to damage of an underground facility that creates an emergency condition that requires an excavator to immediately notify an operator or a locator, if applicable, and the center regarding the location…
Neb. Rev. Stat. § 76-2333 Underground Excavation Safety Committee; created; members; appointment; expenses; duties.
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(1) Beginning September 1, 2024, the Underground Excavation Safety Committee is created. The committee shall consist of the following members: (a) The State Fire Marshal or the State Fire Marshal's designee, (b) three representatives of operators, (c) three representatives of exc…
Neb. Rev. Stat. § 76-2334 Rules and regulations.
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The State Fire Marshal shall adopt and promulgate rules and regulations to carry out section 76-2333 and subsection (2) of section 76-2325, including general rules of practice and procedure relating to the committee, training requirements for investigators, and rules governing th…
Neb. Rev. Stat. § 76-234 Acknowledgment; duty of officer.
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No acknowledgment of any conveyance shall be taken by any officer, unless the officer taking it shall know or have satisfactory evidence that the person making such acknowledgment is the person described in and who executed such conveyance.
Neb. Rev. Stat. § 76-235 Deed; receipt in evidence; recording; proof.
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Every deed acknowledged or proved, and certified by any of the officers named in sections 76-217, 76-219, 76-220, 76-226 and 76-227, and authorized to take acknowledgments, including the certificate specified in section 76-242, whenever such certificate is required by law, may be…
Neb. Rev. Stat. § 76-236 Acknowledgment or certificate of genuineness; duty to record; failure; effect.
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The certificate of the proof or acknowledgment of every deed, and the certificate of the genuineness of the signature of any officer, in the cases where such last-mentioned certificate is required, shall be recorded together with the deed so proved or acknowledged; and unless the…
Neb. Rev. Stat. § 76-237 Deeds; how recorded; when considered recorded.
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Every deed, entitled by law to be recorded, shall be recorded in the order and as of the time when the same shall be delivered to the register of deeds for that purpose, and shall be considered recorded from the time of such delivery.
Neb. Rev. Stat. § 76-238 Deeds and other instruments; recording; when effective as notice; possession of real estate; not effective as notice; when.
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(1) Except as otherwise provided in sections 76-3413 to 76-3415, all deeds, mortgages, and other instruments of writing which are required to be or which under the laws of this state may be recorded, shall take effect and be in force from and after the time of delivering such ins…
Neb. Rev. Stat. § 76-238.01 Mortgages; interest in real estate included; debts that may be secured; future advances; optimal future advance; notice; filing; limitation.
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(1) Any interest in real property capable of being transferred may be mortgaged to secure (a) existing debts or obligations, (b) debts or obligations created simultaneously with the execution of the mortgage, (c) future advances necessary to protect the security, even though such…
Neb. Rev. Stat. § 76-239 Deed of trust, mortgage, or real estate sale contract; record; effect as notice; when expires; extension; exceptions.
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(1) After the expiration of ten years from the date of maturity of any debt or other obligation secured by a deed of trust, mortgage, or real estate sale contract as stated in or ascertainable from the record of such deed of trust, mortgage, or contract and, in cases where the da…
Neb. Rev. Stat. § 76-239.01 Construction finance; proceeds to apply payment of lawful claims for labor and material furnished; duty of contractor.
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Any person, firm or corporation lending money for the purpose of financing the construction of improvements on real property, to be secured by a mortgage filed of record, is hereby required, before the disbursement of any proceeds under such loan, to notify the borrower in writin…
Neb. Rev. Stat. § 76-239.02 Contractor receiving loan disbursement; agent of borrower; exception.
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Any such contractor receiving such loan disbursements and any funds of the borrower in addition to such loan disbursements shall be deemed to have consented to comply with the requirements of section 76-239.01 as to the application of such proceeds, and shall be deemed to be the …
Neb. Rev. Stat. § 76-239.03 Sections shall not affect validity of mortgage rights of lender.
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Nothing in sections 76-239.01 to 76-239.06 shall in any way affect the validity of the mortgage rights of the lender as provided for in section 76-238.01, or the lien rights of such lender.
Neb. Rev. Stat. § 76-239.04 Acceptance of proceeds without paying lawful claims or obtaining lien waiver; prima facie evidence of intent to deprive or defraud.
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In any prosecution under sections 76-239.01 to 76-239.06 of the person, firm or corporation so receiving such proceeds, when it shall be shown in evidence that the contractor had knowledge of lawful claims for labor and material existing at the time of receipt of loan proceeds an…
Neb. Rev. Stat. § 76-239.05 Violations; penalty.
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Any person, firm or corporation, the members of any firm, or the officers of any corporation, violating the provisions of sections 76-239.01 to 76-239.06 shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not less than one hundred dollar…
Neb. Rev. Stat. § 76-239.06 Contractor, defined.
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For the purposes of sections 76-239.01 to 76-239.06, the word contractor shall include any firm, person or corporation who acts in the capacity of a prime contractor, subcontractor or supplier for the construction of improvements on real property.
Repealed. Laws 1982, LB 592, § 2.
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[Repealed or reserved.]
Neb. Rev. Stat. § 76-2401 Legislative findings.
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The Legislature finds, determines, and declares that (1) the application of the common law of agency to the relationships between real estate brokers or salespersons and persons who are sellers, landlords, buyers, or tenants of rights and interests in real property has resulted i…
Neb. Rev. Stat. § 76-2402 Definitions, where found.
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For purposes of sections 76-2401 to 76-2430, the definitions found in sections 76-2403 to 76-2415 shall be used.
Neb. Rev. Stat. § 76-2403 Adverse material fact, defined.
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Adverse material fact shall mean a fact which (1) significantly affects the desirability or value of the property to a party and is not reasonably ascertainable or known to a party or (2) establishes a reasonable belief that another party will not be able to, or does not intend t…
Neb. Rev. Stat. § 76-2404 Affiliated licensee, defined.
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Affiliated licensee shall mean an associate broker as defined in section 81-885.01 or a salesperson as defined in such section who is under the supervision of a designated broker.
Neb. Rev. Stat. § 76-2404.01 Asset management company, defined.
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Asset management company means a business firm or association that, pursuant to a contractual agreement, common-law agency agreement, power of attorney, or other legal authorization, sells, conveys, or otherwise offers an interest in real property that belongs to a (1) bank, savi…
Neb. Rev. Stat. § 76-2405 Brokerage relationship, defined.
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Brokerage relationship shall mean the relationship created between a designated broker and a client pursuant to sections 76-2401 to 76-2430 relating to the performance of services of a broker as defined in section 81-885.01 and shall also mean the relationship created between the…
Neb. Rev. Stat. § 76-2406 Confidential information, defined.
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Confidential information shall mean information made confidential by statute, rule, regulation, or written instructions from the client unless the information is made public or becomes public by the words or conduct of the client to whom the information pertains or from a source …