Chapter 76 — REAL PROPERTY
1,095 sections in this chapter.
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…
Repealed. Laws 2024, LB989, § 13.
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[Repealed or reserved.]
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…
Repealed. Laws 2024, LB989, § 13.
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[Repealed or reserved.]
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.
Neb. Rev. Stat. § 76-3214 Board; issue registration number; maintain list; disclosure on engagement documents.
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(1) The board shall issue a unique registration number to each appraisal management company that holds a registration. (2) The board shall maintain a published list of the appraisal management companies that hold registrations and have been issued a registration number pursuant t…
Neb. Rev. Stat. § 76-3215 Payment of fees.
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Each appraisal management company that holds a registration, except in cases of noncompliance with the conditions of the engagement, shall make payment of fees to an AMC appraiser engaged by the appraisal management company to perform one or more appraisals on behalf of a credito…
Neb. Rev. Stat. § 76-3216 Prohibited acts; board; violations; enforcement actions; fine; considerations; report required.
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(1) It is unlawful for a person to directly or indirectly engage in or attempt to engage in business as an appraisal management company or to advertise or hold itself out as engaging in or conducting business as an appraisal management company in this state without first obtainin…
Neb. Rev. Stat. § 76-3217 Violations; disciplinary hearings; notice; procedure; costs.
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(1) The board shall conduct disciplinary hearings for any violation of the Nebraska Appraisal Management Company Registration Act in accordance with the Administrative Procedure Act. (2) Before the board may censure, suspend, or revoke the registration of, or levy a fine or civil…
Neb. Rev. Stat. § 76-3218 Rules and regulations.
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The board may adopt and promulgate rules and regulations not inconsistent with the Nebraska Appraisal Management Company Registration Act which may be reasonably necessary to implement, administer, and enforce the provisions of the act.
Neb. Rev. Stat. § 76-3219 Appraisal Management Company Fund; created; use; investment.
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The board shall collect all fees and other revenue pursuant to the Nebraska Appraisal Management Company Registration Act and shall remit such fees and revenue to the State Treasurer for credit to the Appraisal Management Company Fund, which is hereby created. The fund shall be u…
Neb. Rev. Stat. § 76-3220 Material noncompliance; referral to board.
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An appraisal management company that has a reasonable basis to believe that an AMC appraiser has failed to comply with applicable laws or the Uniform Standards of Professional Appraisal Practice shall refer the matter to the board if the failure to comply is material.
Neb. Rev. Stat. § 76-3221 Attorney General; duties.
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At the request of the board, the Attorney General shall render an opinion with respect to all questions of law arising in connection with the administration of the Nebraska Appraisal Management Company Registration Act and shall act as attorney for the board in all actions and pr…
Neb. Rev. Stat. § 76-3222 Violations of act; enforcement actions.
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Whenever, in the judgment of the board, any person has engaged in or is about to engage in any acts or practices which constitute or will constitute a violation of the Nebraska Appraisal Management Company Registration Act, the Attorney General may maintain an action in the name …