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953 sections in this chapter.
Neb. Rev. Stat. § 76-2901 Manufactured home or mobile home; deemed real property.
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For purposes of a bankruptcy plan under 11 U.S.C. chapter 13, a manufactured home or a mobile home shall be deemed real property under subdivision (b)(2) of 11 U.S.C. 1322, as such section existed on July 18, 2008.
Neb. Rev. Stat. § 76-291 Claim; notice; who may file.
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The notice mentioned in section 76-290 may be filed for record by the claimant of any interest therein described or by any other person acting on behalf of a claimant who is under disability, unable to assert a claim on his own behalf, or one of a class but whose identity cannot …
Neb. Rev. Stat. § 76-292 Claim; requisites; recorded.
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The claim referred to in sections 76-290 and 76-291 shall be filed in each county where the claimed real estate, or any part thereof, is located, and must set forth the legal description of the real estate affected by such claim together with a statement of the nature of the clai…
Neb. Rev. Stat. § 76-293 Notices; recording.
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The register of deeds of each county shall accept all such notices which describe real estate located within the county which he serves and shall enter and record such notices in full among miscellaneous instruments and index the same.
Neb. Rev. Stat. § 76-294 Possession; proof by affidavit; recording.
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For the purpose of sections 25-207, 25-213, 40-104, and 76-288 to 76-298, the fact of possession of real estate referred to in section 76-288 may be shown of record by one or more affidavits which shall contain the legal description of the real estate referred to and show that th…
Neb. Rev. Stat. § 76-295 Statutes of limitations; not extended; applicability of sections.
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Nothing contained in sections 25-207, 25-213, 40-104, and 76-288 to 76-298 shall be construed to extend the period for bringing an action or doing any act required under any existing statute of limitations, nor to affect the operation of any existing acts governing the effect of …
Neb. Rev. Stat. § 76-296 Notices; slander of title; damages.
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No person shall use the privilege of filing notices hereunder for the purpose of slandering the title to real estate and in any action brought for the purpose of quieting title to real estate, if the court shall find that any person has filed a claim for the purpose only of sland…
Neb. Rev. Stat. § 76-297 Sections; how construed.
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Sections 25-207, 25-213, 40-104, and 76-288 to 76-298 shall be construed to effect the legislative purpose of simplifying and facilitating real estate title transactions by allowing persons to deal with the record title owner as defined herein and to rely upon the record title co…
Neb. Rev. Stat. § 76-298 Sections; applicability.
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Sections 25-207, 25-213, 40-104, and 76-288 to 76-298 shall not be (1) applied to bar (a) the rights of any lessor or his successor as reversionary of his right to possession on the expiration of any lease by reason of failure to file the notice herein required; (b) the rights of…
Neb. Rev. Stat. § 76-299 Reverter or rights of entry for breach of condition subsequent; not alienable or devisable.
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Possibilities of reverter or rights of entry or reentry for breach of condition subsequent are hereby declared to be future interests and shall not be alienable or devisable; and no conveyance thereof made after May 15, 1959, shall operate in favor of the grantee or persons claim…
Neb. Rev. Stat. § 76-3001 Terms, defined.
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For purposes of sections 76-3001 to 76-3004: (1) Decommissioning security means a security instrument that is posted or given by a wind developer to a municipality or other governmental entity to ensure sufficient funding is available for removal of a wind energy conversion syste…
Neb. Rev. Stat. § 76-3002 Wind agreement; limit on term; termination, when.
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A wind agreement shall run with the land benefited and burdened and shall terminate upon the conditions stated in the wind agreement, except that the initial term of a wind agreement shall not exceed forty years. A wind agreement shall terminate if development of a wind energy co…
Neb. Rev. Stat. § 76-3003 Wind agreement; compliance with other law.
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A wind agreement shall comply with section 66-911.01.
Neb. Rev. Stat. § 76-3004 Interest in wind or solar resource; restriction on severance from surface estate.
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No interest in any wind or solar resource located on a tract of land and associated with the production or potential production of wind or solar energy on the tract of land may be severed from the surface estate.
Neb. Rev. Stat. § 76-301 Occupant or claimant; eviction by holder of better title; reimbursement for improvements and taxes paid.
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Any person claiming title to real estate, whether in actual possession or not, for which he can show a plain and connected title, in law or equity, derived from the records of some public office, from the United States, or from this state, or anyone who has derived title from any…
Neb. Rev. Stat. § 76-302 Occupant or claimant, defined; taxes paid, how proved.
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Any person in possession of or claiming any real estate under a certificate of entry or under the homestead or preemption laws of the United States, as well as the persons enumerated in section 76-301, shall be considered as having sufficient title to demand the value of improvem…
Neb. Rev. Stat. § 76-303 Appraisers; oath; compensation.
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The court, rendering judgment or decree in any case provided for by sections 76-301 to 76-311 against any occupant or claimant, shall, at the request of such occupant or claimant, issue an order to the sheriff of the county wherein such real estate is situated commanding him or h…
Neb. Rev. Stat. § 76-304 Appraisers; powers and duties.
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The appraisers shall jointly proceed at once, after service of said order on them, to view the real estate in question, and to assess the value of all lasting and valuable improvements on the same, made previous to the party's receiving actual notice as aforesaid of the adverse c…
Neb. Rev. Stat. § 76-305 Appraisers; report; objections; reappraisal.
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The appraisers shall make report in writing of their appraisement and deposit the same in a sealed envelope with the clerk of such court, within the time required by the court, and if either party shall think himself aggrieved by such appraisement he may file objections thereto a…
Neb. Rev. Stat. § 76-306 Decree of eviction; judgment for amount due claimant.
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If no objections are made to the appraisement, or if made and overruled, the court shall proceed without pleadings to ascertain the amount of taxes paid by the occupant or claimant, with interest as hereinbefore provided for. If the appraisement reported to the court shall show a…
Neb. Rev. Stat. § 76-307 Decree of eviction; rights of better title holder.
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If upon the final hearing there shall be found a balance in favor of the occupant or unsuccessful claimant, the person proving the better title may either demand of the occupant or claimant the value of the real estate without improvements, as shown by the appraisement, and tende…
Neb. Rev. Stat. § 76-308 Writ of possession; issuance; when.
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If the successful claimant shall elect to pay and does pay to the occupant or claimant the balance found due him on the final hearing, within such time as the court shall direct, then a writ of possession shall be issued in his favor against such occupant, or decree shall be ente…
Neb. Rev. Stat. § 76-309 Election by better title holder to accept value of unimproved land; neglect or refusal to pay; effect.
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If the successful claimant shall elect to receive the value of the real estate without improvements, to be paid by the occupant or claimants, within such a time as the court shall direct, and shall tender a general warranty deed for such real estate to the occupant or claimant, a…
Neb. Rev. Stat. § 76-310 Failure of better title holder to make election; right of occupant.
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The occupant or claimant shall in no case be evicted from possession, or deprived of his right in the premises, except as provided in sections 76-308 and 76-309, and in case the successful claimant shall neglect to elect to take said real estate with improvements, or to convey th…
Neb. Rev. Stat. § 76-3101 Act, how cited.
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Sections 76-3101 to 76-3112 shall be known and may be cited as the Private Transfer Fee Obligation Act.
Neb. Rev. Stat. § 76-3102 Legislative findings and declarations.
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The Legislature finds and declares that the public policy of this state favors the marketability of real property and the transferability of interests in real property free of title defects or unreasonable restraints on alienation. The Legislature further finds and declares that …
Neb. Rev. Stat. § 76-3103 Definitions, where found.
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For purposes of the Private Transfer Fee Obligation Act, the definitions in sections 76-3104 to 76-3108 shall be used.
Neb. Rev. Stat. § 76-3104 Environmental covenant, defined.
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Environmental covenant means a servitude that imposes activity and use limitations on real property and meets the requirements of section 76-2604.
Neb. Rev. Stat. § 76-3105 Payee, defined.
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Payee means the person who claims the right to receive or collect a private transfer fee payable under a private transfer fee obligation, whether or not the person has a pecuniary interest in the private transfer fee obligation.
Neb. Rev. Stat. § 76-3106 Private transfer fee, defined.
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Private transfer fee means a fee or charge payable upon the transfer of an interest in real property, or payable for the right to make or accept such transfer, regardless of whether the fee or charge is a fixed amount or is determined as a percentage of the value of the property,…
Neb. Rev. Stat. § 76-3107 Private transfer fee obligation, defined.
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Private transfer fee obligation means an obligation arising under a declaration or covenant recorded against the title to real property, or under any other contractual agreement or promise, whether or not recorded, that requires or purports to require the payment of a private tra…
Neb. Rev. Stat. § 76-3108 Transfer, defined.
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Transfer means sale, gift, conveyance, assignment, inheritance, or other transfer of an ownership interest in real property located in this state.
Neb. Rev. Stat. § 76-3109 Private transfer fee obligation; how treated.
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A private transfer fee obligation recorded or entered into in this state on or after March 11, 2011, does not run with the title to real property and is not binding on or enforceable at law or in equity against any subsequent owner, purchaser, mortgagee, or trustee of any interes…
Neb. Rev. Stat. § 76-311 Demand for reimbursement, when allowed; scope of sections.
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Sections 76-301 to 76-311 shall apply to all suits wherein any of the claims or rights herein set forth shall be demanded, and such demand for improvements or taxes may be made upon the overruling by the court of a motion for a new trial, or in case the suit is one in equity, the…
Neb. Rev. Stat. § 76-3110 Recordation of or agreement imposing a private transfer fee obligation; liability.
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Any person who records or enters into an agreement imposing a private transfer fee obligation in his or her favor after March 11, 2011, shall be liable for (1) any and all damages resulting from the imposition of the private transfer fee obligation on the transfer of an interest …
Neb. Rev. Stat. § 76-3111 Contract for sale of real property subject to private transfer fee obligation; requirements; failure to disclose; rights of buyer.
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(1) Any contract for the sale of real property subject to a private transfer fee obligation shall include a provision disclosing the existence of that obligation, a description of the obligation, and a statement that private transfer fee obligations are subject to certain prohibi…
Neb. Rev. Stat. § 76-3112 Receiver of fee; record document; contents; amendment; payee failure to comply; effect; affidavit; recording; effect.
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(1) For a private transfer fee obligation in existence prior to March 11, 2011, the receiver of the fee shall, within thirty days after March 11, 2011, or before any transfer of real property subject to the private transfer fee, whichever period is shorter, record against the rea…
Neb. Rev. Stat. § 76-3201 Act, how cited.
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Sections 76-3201 to 76-3223 shall be known and may be cited as the Nebraska Appraisal Management Company Registration Act.
Neb. Rev. Stat. § 76-3202 Terms, defined.
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For purposes of the Nebraska Appraisal Management Company Registration Act: (1) Affiliate means any person that controls, is controlled by, or is under common control with, another person; (2) AMC appraiser means a person who holds a valid credential or equivalent to appraise rea…
Neb. Rev. Stat. § 76-3203 Registration; application; contents; form; surety bond; qualifications; renewal.
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(1) An application for issuance of a registration shall be made in writing to the board on forms approved by the board, which includes, but is not limited to, all information required by the board necessary to administer and enforce the Nebraska Appraisal Management Company Regis…
Neb. Rev. Stat. § 76-3203.01 Appraiser panel; removal; notice; reconsideration of removal.
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(1) Only AMC appraisers considered to be in good standing in all jurisdictions in which an active credential is held shall be included on an appraisal management company's appraiser panel. (2) An appraisal management company shall remove any AMC appraiser from its appraiser panel…
Neb. Rev. Stat. § 76-3203.02 Federally regulated appraisal management company; report; board; fees; powers.
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(1) A federally regulated appraisal management company must report all information required to be submitted to the Appraisal Subcommittee pursuant to Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, the AMC rule, and any policy or rule establi…
Neb. Rev. Stat. § 76-3204 Act; exemptions.
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The Nebraska Appraisal Management Company Registration Act does not apply to: (1) A department or division of a person that provides appraisal management services only to itself; or (2) A person that provides appraisal management services but does not meet the requirement establi…
Neb. Rev. Stat. § 76-3205 Company not domiciled in state; service of process.
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Each appraisal management company that holds a registration but is not domiciled in this state shall submit an irrevocable consent that service of process upon such person may be made by delivery of the process to the director of the board if the plaintiff cannot, in the exercise…
Neb. Rev. Stat. § 76-3206 Board; fees.
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(1) The board shall charge and collect fees for its services under the Nebraska Appraisal Management Company Registration Act as follows: (a) An application fee of no more than three hundred fifty dollars; (b) An initial registration fee of no more than two thousand dollars; (c) …
Neb. Rev. Stat. § 76-3207 Appraisal management company; ownership restrictions; fingerprint submission; criminal history record check; costs.
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(1) An appraisal management company shall not: (a) In whole or in part, directly or indirectly, be owned by any person who has had a real property appraiser credential or equivalent refused, denied, canceled, or revoked or who has surrendered a real property appraiser credential …
Neb. Rev. Stat. § 76-3208 Prohibited acts.
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(1) An appraisal management company shall not prohibit an AMC appraiser from including within the body of a report that is submitted by the AMC appraiser to the appraisal management company or its assignee the fee agreed upon between the appraisal management company and the AMC a…
Neb. Rev. Stat. § 76-3210 Compliance with Real Property Appraiser Act.
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Any employee of or independent contractor to an appraisal management company that holds a registration, including any AMC appraiser included on an appraisal management company's appraiser panel engaged in real property appraisal practice, shall comply with the Real Property Appra…
Neb. Rev. Stat. § 76-3212 Records; retention.
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Each appraisal management company that holds a registration shall maintain a detailed record of appraisal management services provided under its registration, and upon request shall submit to the board all books, records, reports, documents, and other information as deemed approp…
Neb. Rev. Stat. § 76-3213 Completed report; limit on change.
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An appraisal management company that holds a registration may not alter, modify, or otherwise change a completed report submitted by an AMC appraiser without his or her written consent.