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953 sections in this chapter.
Neb. Rev. Stat. § 76-3602 Registration; required, when; signature requirements; registration, contents; renewal; term.
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(1) Before conducting home inspections in this state, a home inspector shall register with the Secretary of State. If the home inspector is an individual, the home inspector shall sign such registration. If the home inspector is a firm, partnership, corporation, company, associat…
Neb. Rev. Stat. § 76-3603 Fee; certificate of insurance.
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At the time of registration or renewal of a registration pursuant to section 76-3602, a home inspector shall: (1) Pay a registration or renewal fee to the Secretary of State. The Secretary of State shall set such registration or renewal fee in an amount sufficient to defray the a…
Neb. Rev. Stat. § 76-3604 Required information; report changes.
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A home inspector shall report a change in information required by section 76-3602 or 76-3603 within forty-five calendar days of such change.
Neb. Rev. Stat. § 76-3605 Violation; penalty.
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Any violation of sections 76-3602 to 76-3604 shall be a Class IV misdemeanor.
Neb. Rev. Stat. § 76-3606 Rules and regulations.
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The Secretary of State may adopt and promulgate rules and regulations to carry out sections 76-3601 to 76-3606.
Neb. Rev. Stat. § 76-3701 Act, how cited.
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Sections 76-3701 to 76-3717 shall be known and may be cited as the Foreign-owned Real Estate National Security Act.
Neb. Rev. Stat. § 76-3702 Terms, defined.
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For purposes of the Foreign-owned Real Estate National Security Act: (1) Foreign corporation means a corporation incorporated under the laws of a jurisdiction outside of the United States that would be a business corporation if incorporated under the laws of this state. A corpora…
Neb. Rev. Stat. § 76-3703 Foreign-owned real estate; prohibited; when.
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(1) Except as provided in the Foreign-owned Real Estate National Security Act, a nonresident alien, foreign corporation, or foreign government, or an agent, trustee, or fiduciary thereof: (a) Shall not purchase, acquire title to, or take any real estate or any leasehold interest …
Neb. Rev. Stat. § 76-3704 Oil and gas leases permitted; when.
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(1) Except as provided in subsection (2) of this section, corporations incorporated under the laws of the United States of America, or under the laws of any state of the United States of America, or any foreign corporation or any nonresident alien, doing business in this state, m…
Neb. Rev. Stat. § 76-3705 Land acquired by devise or descent; sale within five years required; exception.
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Any nonresident alien may acquire title to lands in this state by devise or descent only, except that such nonresident alien shall be required to sell and convey such real estate within five years after the date of acquiring it, and if the nonresident alien fails to dispose of it…
Neb. Rev. Stat. § 76-3706 Corporations; board of directors; election of nonresident aliens; restrictions.
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No corporation organized under the laws of this state and no corporation organized under the laws of any other state or country, doing business in this state, which was organized to hold or is holding real estate, except as provided in the Foreign-owned Real Estate National Secur…
Neb. Rev. Stat. § 76-3707 Corporations; violations; penalties.
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Any corporation described in section 76-3706 violating such section shall be construed and held to be a nonresident alien and within the provisions of the Foreign-owned Real Estate National Security Act applicable to nonresident aliens. Any such domestic corporation violating sec…
Neb. Rev. Stat. § 76-3708 Real estate of railroads, public utilities, and common carriers; real estate of restricted entity or agent, trustee, or fiduciary; applicability of sections.
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(1) Except as provided in subsection (2) of this section, the provisions of sections 76-3703, 76-3706, and 76-3707 shall not apply to the real estate necessary for the construction and operation of railroads, public utilities, and common carriers. (2) The provisions of sections 7…
Neb. Rev. Stat. § 76-3709 Manufacturing or industrial establishments or establishments for storage, sale, and distribution of petroleum products or hydrocarbon substances; foreign ownership; allowed; when.
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(1) Except as provided in subsection (2) of this section, any nonresident alien, foreign corporation, or foreign government, or an agent, trustee, or fiduciary thereof: (a) May purchase, acquire, hold title to, or be a lessor or lessee of as much real estate as shall be necessary…
Neb. Rev. Stat. § 76-3710 Real estate within cities and villages; manufacturing or industrial establishments; applicability of act.
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(1) Except as provided in subsection (2) of this section, the provisions of the Foreign-owned Real Estate National Security Act shall not apply to any real estate lying within the corporate limits of cities and villages, or within three miles of such corporate limits, nor to any …
Neb. Rev. Stat. § 76-3711 Attorney General; powers and duties.
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(1) The Attorney General shall establish a process by which any person may submit information or concerns to the Attorney General regarding real estate transactions in Nebraska. (2) The Attorney General may submit a report concerning real estate transactions that the Attorney Gen…
Neb. Rev. Stat. § 76-3712 Violations; investigation; voluntary divestment; action for divestment; procedure.
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(1) Any person may notify the Department of Agriculture or the Attorney General of a violation or potential violation of the Foreign-owned Real Estate National Security Act. (2) The Department of Agriculture shall investigate violations of the Foreign-owned Real Estate National S…
Neb. Rev. Stat. § 76-3713 Receiver; sale of divested real estate.
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The receiver shall sell any real estate ordered to be divested pursuant to section 76-3712 at public auction no later than one year after the date such divestment is ordered by the court. The receiver shall execute the sale of the real estate in the manner provided for in the Neb…
Neb. Rev. Stat. § 76-3714 Violations; effect on title to real estate.
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No title to an interest in real estate shall be invalid, voided, or subject to divestiture by reason of a violation of the Foreign-owned Real Estate National Security Act by any former owner or other person who held a former interest in such real estate.
Neb. Rev. Stat. § 76-3715 Act, how construed; civil and criminal immunity.
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Nothing in the Foreign-owned Real Estate National Security Act shall be construed to require any person to determine or inquire whether another person is subject to or in violation of the act, and such person shall bear no civil or criminal liability under the act for the failure…
Neb. Rev. Stat. § 76-3716 Penalties; distribution.
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Any penalties collected pursuant to the Foreign-owned Real Estate National Security Act shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.
Neb. Rev. Stat. § 76-3717 Rules and regulations.
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The Director of Agriculture and the Attorney General may adopt and promulgate rules and regulations necessary to carry out the Foreign-owned Real Estate National Security Act.
Neb. Rev. Stat. § 76-3801 Act, how cited.
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Sections 76-3801 to 76-3809 shall be known and may be cited as the Uniform Unlawful Restrictions in Land Records Act.
Neb. Rev. Stat. § 76-3802 Definitions.
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In the Uniform Unlawful Restrictions in Land Records Act: (1) Amendment means a document that removes an unlawful restriction. (2) Document means a record recorded or eligible to be recorded in land records. (3) Governing instrument means a document recorded in land records that:…
Neb. Rev. Stat. § 76-3803 Amendment by owner.
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Except with respect to property to which section 76-3804 applies, an owner of real property subject to an unlawful restriction may submit to the recorder for recordation in the land records an amendment to remove the unlawful restriction, but only as to the owner's property.
Neb. Rev. Stat. § 76-3804 Amendment by association of owners.
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(a) The governing body of an association of owners identified in a governing instrument may, without a vote of the members of the association, amend the governing instrument to remove an unlawful restriction. (b) A member of an association of owners may request, in a record that …
Neb. Rev. Stat. § 76-3805 Requirements and limitations of amendment.
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(a) An amendment under the Uniform Unlawful Restrictions in Land Records Act must identify the owner, the real property affected, and the document containing the unlawful restriction. The amendment must include a conspicuous statement in substantially the following form: "This am…
Neb. Rev. Stat. § 76-3806 Optional form for amendment by owner.
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The following form may be used by an owner to make an amendment under section 76-3803: Amendment by Owner to Remove an Unlawful Restriction This amendment is recorded under the Uniform Unlawful Restrictions in Land Records Act (the act), by an owner of an interest in real propert…
Neb. Rev. Stat. § 76-3807 Duty and liability of recorder.
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(a) The recorder shall record an amendment submitted under the Uniform Unlawful Restrictions in Land Records Act, add the amendment to the index, and cross reference the amendment to the document containing the unlawful restriction. (b) The recorder and the recorder's jurisdictio…
Neb. Rev. Stat. § 76-3808 Uniformity of application and construction.
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In applying and construing the Uniform Unlawful Restrictions in Land Records Act, a court shall consider the promotion of uniformity of the law among jurisdictions that enact it.
Neb. Rev. Stat. § 76-3809 Relation to Electronic Signatures in Global and National Commerce Act.
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The Uniform Unlawful Restrictions in Land Records Act modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but does not modify, limit, or supersede 15 U.S.C. 7001(c), or authorize electronic delivery of any of the …
Neb. Rev. Stat. § 76-401 Escheats; when title vests in state.
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Upon the failure of heirs, the title shall vest at once in the state, without an inquest or other proceedings in the nature of office found.
Neb. Rev. Stat. § 76-502 Abstracting; district or county judges ineligible.
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No district judge or county judge within this state shall engage in the business of abstracting nor be interested directly or indirectly in any company or corporation which is engaged in the business of abstracting while holding office. Any certification of an abstract of title b…
Neb. Rev. Stat. § 76-504 Abstracting; counties over 5,000 population; county officers ineligible; exception.
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No county official or deputy, clerk, or assistant to such official, except the county attorney and deputy county attorney, in counties having a population of over five thousand shall engage in the business of compiling abstracts of title to real estate in the State of Nebraska wh…
Neb. Rev. Stat. § 76-505 Violations; penalty.
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A violation of section 76-502 or 76-504 shall be a Class III misdemeanor.
Neb. Rev. Stat. § 76-535 Act, how cited.
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Sections 76-535 to 76-558 shall be known and may be cited as the Abstracters Act.
Neb. Rev. Stat. § 76-536 Legislative intent.
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It is the intent of the Legislature to safeguard the welfare and property of citizens of this state and to insure that abstracters serving the public meet minimum standards of proficiency and competency.
Neb. Rev. Stat. § 76-537 Terms, defined.
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As used in the Abstracters Act, unless the context otherwise requires: (1) Abstract of title means a compilation in orderly arrangement of the materials and facts of record affecting the title to real property, issued under a certificate certifying to the matters contained in suc…
Neb. Rev. Stat. § 76-538 Compliance with act.
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Any individual or business entity engaged in the business of abstracting in Nebraska shall comply with the Abstracters Act.
Neb. Rev. Stat. § 76-539 Business of abstracting; requirements.
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(1) An individual or business entity shall not engage in the business of abstracting in this state unless a certificate of authority has been issued to such individual or business entity. (2) Every individual or business entity engaged in the business of abstracting shall be or h…
Neb. Rev. Stat. § 76-540 Abstracters Board of Examiners; membership.
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There is hereby created an Abstracters Board of Examiners of five members to be appointed by the Governor to carry out the purposes of and enforce the Abstracters Act. The board shall include three members who shall at all times be active registered abstracters who have engaged i…
Neb. Rev. Stat. § 76-541 Board; officers; powers; seal; rules and regulations; conduct of business.
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The board shall organize by election of a chairperson and vice-chairperson. The board shall have the power to compel the attendance of witnesses, and the chairperson and vice-chairperson shall have the power to administer oaths. The board shall employ a director who shall keep a …
Neb. Rev. Stat. § 76-542 Registration; application; fee; qualifications; rules and regulations.
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Any individual desiring to become a registered abstracter shall file an application for registration with the board. Such applicant shall have reached the age of majority and shall not have been convicted of a felony. Each applicant for registration shall take the written examina…
Neb. Rev. Stat. § 76-543 Examination; certificate of registration; issuance; reapplication procedure.
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The board shall prescribe a written examination to determine the proficiency of the applicant. If the applicant passes the examination and meets the other requirements of section 76-542, the board shall issue a certificate of registration designating him or her to be a registered…
Neb. Rev. Stat. § 76-544 Professional development requirements; rules and regulations.
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Every two years a registered abstracter shall complete and certify to the board that he or she has successfully completed three hours of board-approved professional development credits. The board shall adopt and promulgate rules and regulations necessary for the effective deliver…
Neb. Rev. Stat. § 76-545 Business of abstracting; requirements; certificate of authority; authority; fee.
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Any individual or business entity desiring to engage in the business of abstracting in this state shall make application to the board for a certificate of authority. Such application shall be in a form prepared by the board and shall contain such information as may be necessary t…
Neb. Rev. Stat. § 76-546 Temporary certificate of registration; when issued; fee; expiration.
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The board may, upon application to it by (1) any individual succeeding to the ownership of any abstract business by any means other than by purchase or (2) any individual who, by reason of the incapacity of any registered abstracter owner of any abstract business, is required to …
Neb. Rev. Stat. § 76-547 Certificates; term; renewal; requirements; fees.
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(1) All certificates of authority issued pursuant to section 76-545 shall expire on April 1 of each even-numbered year irrespective of when issued. Such certificates shall be renewed, as provided in this section, for a two-year period upon payment of a renewal fee of not less tha…
Neb. Rev. Stat. § 76-548 Certificates; failure to renew; notice; late renewal; fee.
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If a holder of a certificate of authority or certificate of registration fails to apply for renewal and to pay the fee provided, the board shall send by registered or certified mail to such holder a notice that the certificate or certificates have expired and are no longer valid …
Neb. Rev. Stat. § 76-549 Abstracters Board of Examiners Cash Fund; created; investment; board members and director; compensation.
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(1) All fees collected pursuant to the Abstracters Act shall be deposited in the state treasury to be credited to the Abstracters Board of Examiners Cash Fund which is hereby created. All actual and necessary expenses of the board shall be paid from such fund. (2) No member of th…