Chapter 76 — REAL PROPERTY

1,095 sections in this chapter.

1,095 sectionsFiltered byCh 76

Neb. Rev. Stat. § 76-3223 Immunity.
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Any member of the board, employee of the board, or person under contract with the board shall be immune from any civil action or criminal prosecution for initiating or assisting in any lawful investigation of the actions of or any disciplinary proceeding concerning an appraisal m…
Neb. Rev. Stat. § 76-3301 Act, how cited.
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Sections 76-3301 to 76-3308 shall be known and may be cited as the Oil Pipeline Reclamation Act.
Neb. Rev. Stat. § 76-3302 Terms, defined.
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For purposes of the Oil Pipeline Reclamation Act: (1) Oil means petroleum of any kind or in any form, including crude oil or any fraction of crude oil; (2) Pipeline carrier means a person that engages in owning, operating, or managing a pipeline or part of a pipeline for the tran…
Neb. Rev. Stat. § 76-3303 Purpose of act; legislative intent.
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(1) The purpose of the Oil Pipeline Reclamation Act is to ensure that a pipeline carrier which owns, constructs, operates, or manages a pipeline through this state for the transportation of oil is financially responsible for reclamation costs relating to the construction, operati…
Neb. Rev. Stat. § 76-3304 Pipeline carrier; responsible for reclamation costs; commencement of reclamation; period of obligation.
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(1) A pipeline carrier owning, operating, or managing a pipeline or part of a pipeline for the transportation of oil in this state shall be responsible for all reclamation costs necessary as a result of constructing the pipeline as well as reclamation costs resulting from operati…
Neb. Rev. Stat. § 76-3305 Additional reclamation costs.
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Nothing in the Oil Pipeline Reclamation Act prohibits a state agency, county board, city council, or village board from pursuing reclamation costs for the maintenance and repair of roads, bridges, or other infrastructure related to the construction, maintenance, or operation of a…
Neb. Rev. Stat. § 76-3306 Act; minimum standards; effect of negotiated agreement with landowner; duties under federal law or permits.
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The Oil Pipeline Reclamation Act provides the minimum standards to be met by a pipeline carrier. The act is not meant to affect the obligations of a pipeline carrier provided for in a negotiated agreement with a landowner and is not to affect the duties of a pipeline carrier unde…
Neb. Rev. Stat. § 76-3307 Pipeline carrier; reclamation actions required within thirty days; exception.
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A pipeline carrier shall complete final grading, topsoil replacement, installation of erosion control structures, seeding, and mulching within thirty days after backfill except when weather conditions, extenuating circumstances, or unforeseen developments do not permit the work t…
Neb. Rev. Stat. § 76-3308 Pipeline carrier; compliance with federal and state laws; plant, seed, and mulch use.
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(1) A pipeline carrier shall ensure that all reclamation, including, but not limited to, choice of seed mixes, method of reseeding, and weed and erosion control measures and monitoring, is conducted in accordance with the Federal Seed Act, 7 U.S.C. 1551 et seq., the Nebraska Seed…
Neb. Rev. Stat. § 76-3401 Act, how cited.
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Sections 76-3401 to 76-3424 shall be known and may be cited as the Nebraska Uniform Real Property Transfer on Death Act.
Neb. Rev. Stat. § 76-3402 Definitions.
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For purposes of the Nebraska Uniform Real Property Transfer on Death Act: (1) Beneficiary means a person that receives property under a transfer on death deed; (2) Designated beneficiary means a person designated to receive property in a transfer on death deed; (3) Disinterested …
Neb. Rev. Stat. § 76-3403 Applicability.
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The Nebraska Uniform Real Property Transfer on Death Act applies to a transfer on death deed made before, on, or after January 1, 2013, by a transferor dying on or after January 1, 2013. A transfer on death deed is subject to the common-law principles of equity except to the exte…
Neb. Rev. Stat. § 76-3404 Nonexclusivity.
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The Nebraska Uniform Real Property Transfer on Death Act does not affect any method of transferring property otherwise permitted under the law of this state.
Neb. Rev. Stat. § 76-3405 Transfer on death deed authorized.
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An individual may transfer property to one or more beneficiaries effective at the transferor's death by a transfer on death deed. If the property is agricultural land, the transferor may designate in the transfer on death deed the disposition of the transferor's interest in growi…
Neb. Rev. Stat. § 76-3406 Transfer on death deed revocable.
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A transfer on death deed is revocable even if the deed or another instrument contains a contrary provision.
Neb. Rev. Stat. § 76-3407 Transfer on death deed nontestamentary.
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A transfer on death deed is nontestamentary.
Neb. Rev. Stat. § 76-3408 Capacity of transferor.
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The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will.
Neb. Rev. Stat. § 76-3409 Signature; witnesses; form.
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A transfer on death deed shall be signed by the transferor or by some person in his or her presence and by his or her direction and shall be attested in writing by two or more disinterested witnesses, whose signatures along with the transferor's signature shall be made before an …
Neb. Rev. Stat. § 76-3410 Transfer on death deed; essential elements and formalities; warnings; limitation on action to set aside transfer.
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(a) A transfer on death deed: (1) Except as otherwise provided in subdivision (2) of this subsection, must contain the essential elements and formalities of a properly recordable inter vivos deed; (2) Must state that the transfer to the designated beneficiary is to occur at the t…
Neb. Rev. Stat. § 76-3411 Notice, delivery, acceptance, consideration not required.
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A transfer on death deed is effective without: (1) Notice or delivery to or acceptance by the designated beneficiary during the transferor's life; or (2) Consideration.
Neb. Rev. Stat. § 76-3412 Statement; filing.
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A completed statement as provided in subdivision (2)(a) of section 76-214 must be filed at the time that the conveyance of real estate transferred by a transfer on death deed becomes effective due to the death of the transferor or the death of a surviving joint tenant of the tran…
Neb. Rev. Stat. § 76-3413 Revocation by instrument authorized; revocation by act not permitted.
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(a) Subject to subsection (b) of this section, an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument: (1) Is one of the following: (A) A transfer on death deed that revokes the deed or part of the deed expressly or by in…
Neb. Rev. Stat. § 76-3414 Effect of transfer on death deed during transferor's life.
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During a transferor's life, a transfer on death deed does not: (1) Affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property; (2) Affect an interest or right of a transferee, even if the transferee has actual or con…
Neb. Rev. Stat. § 76-3415 Effect of transfer on death deed at transferor's death.
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(a) Except as otherwise provided in the transfer on death deed, in this section, or in sections 30-2313 to 30-2319 or section 30-2354, on the death of the transferor, the following rules apply to property that is the subject of a transfer on death deed and owned by the transferor…
Neb. Rev. Stat. § 76-3416 Disclaimer.
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A beneficiary may disclaim all or part of the beneficiary's interest as provided by section 30-2352.
Neb. Rev. Stat. § 76-3417 Liability for creditor claims and statutory allowances.
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(a) If other assets of the estate of the transferor are insufficient to pay all claims against the transferor's estate, statutory allowances to the transferor's surviving spouse and children, and the expenses of administration, a transfer under the Nebraska Uniform Real Property …
Neb. Rev. Stat. § 76-3418 Beneficiary; liability for medicaid reimbursement; liability for creditor claims and statutory allowances; limit.
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A beneficiary to whom an interest is transferred by a transfer on death deed shall be personally liable to account for medicaid reimbursement pursuant to sections 68-919 and 76-3417 to the extent necessary to discharge any such claim remaining unpaid after application of the asse…
Neb. Rev. Stat. § 76-3419 Certain contracts; requirements.
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A contract to make a transfer on death deed, or not to revoke a transfer on death deed, can be established only by a writing evidencing the contract signed by the transferor after January 1, 2013.
Neb. Rev. Stat. § 76-3420 Transfer on death deed property; acquisition by purchaser or lender; protections; lien for inheritance tax.
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(a) Except as otherwise provided in subsection (b) of this section and subject to a determination of the rights of any parties to an action commenced pursuant to subsection (c) or (d) of section 76-3410, if property or any interest therein transferred to a beneficiary by a transf…
Neb. Rev. Stat. § 76-3421 Medicaid assistance; Department of Health and Human Services; powers.
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The Department of Health and Human Services may require revocation of a transfer on death deed by a transferor, a transferor's spouse, or both a transferor and the transferor's spouse in order for the transferor to qualify or remain qualified for medicaid assistance.
Neb. Rev. Stat. § 76-3422 Uniformity of application and construction.
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In applying and construing the Nebraska Uniform Real Property Transfer on Death Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
Neb. Rev. Stat. § 76-3423 Relation to federal Electronic Signatures in Global and National Commerce Act.
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The Nebraska Uniform Real Property Transfer on Death Act modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or auth…
Neb. Rev. Stat. § 76-3424 Designated beneficiary; deemed insured party; limitations.
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(a) In addition to any other coverage provided under an insurance policy on real estate transferred pursuant to a transfer on death deed, the designated beneficiary shall be deemed to be an insured party under any property insurance policy for the period from the date of the tran…
Neb. Rev. Stat. § 76-3501 Act, how cited.
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Sections 76-3501 to 76-3507 shall be known and may be cited as the Radon Resistant New Construction Act.
Neb. Rev. Stat. § 76-3502 Legislative findings.
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The Legislature finds that: (1) Radon is a radioactive element that is part of the radioactive decay chain of naturally occurring uranium in soil; (2) Radon is the leading cause of lung cancer among nonsmokers and is the number one risk in homes according to the Harvard Center fo…
Neb. Rev. Stat. § 76-3503 Terms, defined.
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For purposes of the Radon Resistant New Construction Act: (1) Active radon mitigation system means a family of radon mitigation systems involving mechanically driven soil depressurization, including subslab depressurization, drain tile depressurization, block wall depressurizatio…
Neb. Rev. Stat. § 76-3504 Radon resistant new construction; minimum standards.
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Except as provided in section 76-3505, new construction built after September 1, 2019, in the State of Nebraska that is intended to be regularly occupied by people shall be built using radon resistant new construction. Such construction shall meet the following minimum standards:…
Neb. Rev. Stat. § 76-3505 New construction not required to use radon resistant new construction; when.
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New construction after September 1, 2019, shall not be required to use radon resistant new construction if (1) the construction project utilizes the design of an architect or professional engineer licensed under the Engineers and Architects Regulation Act, (2) the construction pr…
Neb. Rev. Stat. § 76-3506 Conversion of passive radon mitigation system to active radon mitigation system authorized.
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A building contractor or a subcontractor of a building contractor may convert a passive radon mitigation system to an active radon mitigation system in accordance with rules and regulations adopted and promulgated by the department under the Radiation Control Act for radon mitiga…
Neb. Rev. Stat. § 76-3507 Department; duties.
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On or before January 1, 2020, and on or before January 1 of each year thereafter, the department shall compile the results of the radon measurements performed in the past five years that were reported to the department pursuant to the rules and regulations adopted and promulgated…
Neb. Rev. Stat. § 76-3601 Terms, defined.
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For purposes of sections 76-3601 to 76-3606: (1) Home inspection means the process by which a home inspector examines the observable systems and components of improvements to residential real property that are readily accessible to such inspector; (2) Home inspector means a perso…
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…