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953 sections in this chapter.
Neb. Rev. Stat. § 76-550 Register and roster of applicants and abstracters.
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The board shall keep a register of the name of each applicant for certification, with his or her place of business and such other information as may be deemed appropriate, including a notation of the action taken by the board thereon, the date upon which the certificate of regist…
Neb. Rev. Stat. § 76-551 Disciplinary actions; grounds; unfair practices.
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The board shall have the power (1) to revoke a certificate of registration or certificate of authority, (2) to suspend a certificate of registration or certificate of authority for a specific period not to exceed a year, (3) to censure a registered abstracter or holder of a certi…
Neb. Rev. Stat. § 76-552 Disciplinary actions; procedure; appeal.
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A verified complaint may be filed with the board charging a registered abstracter or a holder of a certificate of authority with a violation of the Abstracters Act. The board on its own motion may also file such a complaint. If a complaint is filed, the board shall immediately no…
Neb. Rev. Stat. § 76-553 Attorney General; representation of board.
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The Attorney General shall render to the Abstracters Board of Examiners opinions on all questions of law relating to the interpretation of the Abstracters Act or arising in its administration and shall act as attorney for the board in all actions and proceedings brought by or aga…
Neb. Rev. Stat. § 76-554 Clerical assistants; not subject to act.
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Nothing in the Abstracters Act shall be construed as prohibiting any individual or business entity holding a valid certificate of authority from employing such clerical and stenographic assistants as may be necessary in the conduct of its business who are not registered under the…
Neb. Rev. Stat. § 76-555 Public records; access; other rights.
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Holders of certificates of authority and their employees in the conduct of the business of abstracting shall have access to the public records in any office of any city, county, or the state, shall be permitted to make memoranda, notations, or copies of such records, and shall be…
Neb. Rev. Stat. § 76-556 Abstracters; liability.
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A registered abstracter shall show each link in the chain of title, and failure to do so shall render him or her liable to any person injured by such omission. In adding extensions to an old abstract, a registered abstracter shall not be deemed to certify to or verify accuracy of…
Neb. Rev. Stat. § 76-557 Abstracts; effect of Title Standards.
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In the compilation or examination of an abstract of title to real estate, it shall not be considered negligence for a registered abstracter or an attorney to follow the Title Standards promulgated by the Nebraska State Bar Association.
Neb. Rev. Stat. § 76-558 Violations; penalty; effect.
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Any individual or business entity engaged in the business of abstracting in this state without having complied with the Abstracters Act shall be guilty of a Class III misdemeanor. Violation of the Abstracters Act shall in no way be construed to preclude the liability of a holder …
Neb. Rev. Stat. § 76-601 Act, how cited.
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Sections 76-601 to 76-607 shall be known and may be cited as the Carbon Monoxide Safety Act.
Neb. Rev. Stat. § 76-602 Terms, defined.
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For purposes of the Carbon Monoxide Safety Act: (1) Carbon monoxide alarm means a device that detects carbon monoxide and that: (a) Produces a distinct, audible alarm; (b) Is listed by a nationally recognized, independent product-safety testing and certification laboratory to con…
Neb. Rev. Stat. § 76-603 Carbon monoxide alarm; installation required.
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Any multifamily dwelling or single-family dwelling constructed on or after January 1, 2017, that has a fuel-fired heater or appliance, a fireplace, or an attached garage shall have a carbon monoxide alarm installed (1) on each habitable floor of each dwelling unit in a multifamil…
Neb. Rev. Stat. § 76-604 Seller of single-family dwelling; duties; interior alterations requiring permit; owner; duties.
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(1) The seller of a single-family dwelling that is offered for sale or transfer on or after January 1, 2017, and that has a fuel-fired heater or appliance, a fireplace, or an attached garage shall ensure that an operational carbon monoxide alarm is installed on each habitable flo…
Neb. Rev. Stat. § 76-605 Seller of multifamily dwelling; duties; interior alterations requiring permit; owner; duties; prohibited acts.
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(1) The seller of a dwelling unit of an existing multifamily dwelling shall ensure that an operational carbon monoxide alarm is installed on each habitable floor of the dwelling unit or in a location specified in any building code adopted by the state or by the political subdivis…
Neb. Rev. Stat. § 76-606 Owner of certain rental property; duties; tenant; duties; prohibited acts.
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(1) The owner of a single-family dwelling or a dwelling unit in a multifamily dwelling that is used for rental purposes shall ensure that an operational carbon monoxide alarm is installed on each habitable floor of the dwelling or dwelling unit or in a location specified in any b…
Neb. Rev. Stat. § 76-607 Act; how construed.
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Nothing in the Carbon Monoxide Safety Act shall be construed to limit a city, village, or county from adopting or enforcing any requirements for the installation and maintenance of carbon monoxide alarms that are more stringent than the requirements set forth in the act.
Neb. Rev. Stat. § 76-701 Terms, defined.
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For purposes of sections 76-701 to 76-726: (1) Condemner means any legal entity that by law has been granted the right to exercise the power of eminent domain and includes the state and any governmental or political subdivision thereof; (2) Condemnee means any person, partnership…
Neb. Rev. Stat. § 76-702 Condemner; enter upon land; inventory; furnish to condemnee.
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After negotiations have failed, any condemner, or his representative, upon proper identification and after informing the condemnee of the contemplated action is authorized to enter upon any land for the purpose of examining and surveying same in contemplation of bringing or durin…
Neb. Rev. Stat. § 76-703 Damages; ascertainment; procedure.
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Damages to be paid by the condemner for any property including parts of or easements across rights-of-way of a public utility or a railroad taken through the exercise of the power of eminent domain shall be ascertained and determined as provided in sections 76-704 to 76-724, exce…
Neb. Rev. Stat. § 76-704 Petition of condemner.
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If any condemnee shall fail to agree with the condemner with respect to the acquisition of property sought by the condemner, a petition to condemn the property may be filed by the condemner in the county court of the county where the property or some part thereof is situated.
Neb. Rev. Stat. § 76-704.01 Petition of condemner; contents.
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A petition filed pursuant to section 76-704, shall include: (1) A statement of the authority for the acquisition; (2) The nature of and necessity and purpose for which the land will be used; (3) The title, right, or interest in the property to be acquired; (4) The quantity needed…
Neb. Rev. Stat. § 76-705 Acquisition of property; damages; petition of condemnee.
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If any condemner shall have taken or damaged property for public use without instituting condemnation proceedings, the condemnee, in addition to any other available remedy, may file a petition with the county judge of the county where the property or some part thereof is situated…
Neb. Rev. Stat. § 76-706 Appointment of appraisers; qualifications; notice to condemnee.
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Upon filing of a petition under either section 76-704 or 76-705, the county judge or clerk magistrate, within three days by order entered of record, shall appoint three disinterested freeholders of the county, not interested in a like question, to serve as appraisers. One apprais…
Neb. Rev. Stat. § 76-707 Appraisers; disqualifications; vacancies; appointment.
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Upon convening of the appraisers, the county judge shall interrogate the appraisers as to their qualifications and may excuse any appraiser found by the county judge to be disqualified to serve. The county judge may fill any vacancies arising through disqualification, inability t…
Neb. Rev. Stat. § 76-708 Appraisers; oath.
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The appraisers shall, before entering on their duties, take and subscribe an oath that they will support the Constitutions of the United States and of the State of Nebraska, and will faithfully and impartially discharge their duties as required by law.
Neb. Rev. Stat. § 76-709 Appraisers; duties.
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It shall be the duty of the appraisers to carefully inspect and view the property taken or sought to be taken, and also any other property of the condemnee damaged thereby. The appraisers shall hear any party interested therein in reference to the amount of damages when they are …
Neb. Rev. Stat. § 76-710 Appraisers; assessment of damages; additional damages; copy of report to condemnee; failure to transmit; effect.
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After the inspection, view, and hearing provided for in section 76-709 have been completed, the appraisers shall assess the damages that the condemnee has sustained or will sustain by the appropriation of the property to the use of the condemner and make and file a report thereof…
Neb. Rev. Stat. § 76-710.01 Damages; effect of reimbursement by federal government; severance damages; other considerations.
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Where any condemner shall have taken or attempts to take property for public use, the damages for taking such property shall be determined according to the laws of this state irrespective of whether the condemner may be reimbursed for a part of such damage from the federal govern…
Neb. Rev. Stat. § 76-710.02 Land situated in irrigation district; damages payable to district.
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Whenever lands situated in an irrigation district are acquired by any condemner through eminent domain, and such lands at the time of their acquisition by any condemner, are irrigable and are being served or are capable of being served by facilities of the district to the same ex…
Neb. Rev. Stat. § 76-710.03 Land devoted to agricultural purposes; acquisition to construct power transmission lines; route selected.
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Whenever a condemner seeks to acquire lands or interest therein through eminent domain proceedings to construct power transmission lines through or over land devoted to agricultural purposes, such condemner shall be required to select a route along or following sections or one-ha…
Neb. Rev. Stat. § 76-710.04 Economic development purpose; restriction on use of eminent domain.
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(1) A condemner may not take property through the use of eminent domain under sections 76-704 to 76-724 if the taking is primarily for an economic development purpose. (2) For purposes of this section, economic development purpose means taking property for subsequent use by a com…
Neb. Rev. Stat. § 76-711 Condemner; interest in property; deposit of awards; abandonment; appeal; interest; writ of assistance; removal of property; liability.
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The condemner shall not acquire any interest in or right to possession of the property condemned until he or she has deposited with the court the amount of the condemnation award in effect at the time the deposit is made. The condemner shall have sixty days from the date of the a…
Neb. Rev. Stat. § 76-712 Condemnation award; certification; filing; state or federal-aid highways; failure to make deposit within sixty days; effect.
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Upon deposit of the condemnation award, the court shall prepare and certify under seal a true copy thereof and shall transmit the same to the register of deeds of the county where any real estate or interest therein is condemned and to the county clerk of the county where persona…
Neb. Rev. Stat. § 76-713 Condemnation award; recording; effect.
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The register of deeds shall record and index the certified copy of the condemnation award in the same manner as is provided for the recording of deeds in this state. The county clerk shall file a copy of the same when only personal property is concerned in the same manner as is p…
Neb. Rev. Stat. § 76-714 Condemnation; interest acquired; when effective.
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The interest in the property acquired by the condemner shall be such title, easement, right-of-way, or use as is expressly specified in or necessarily contemplated by the law granting to the condemner the right to exercise the power of eminent domain. The condemner shall not disp…
Neb. Rev. Stat. § 76-715 Assessment of damages; appeal; procedure.
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Either condemner or condemnee may appeal from the assessment of damages by the appraisers to the district court of the county where the petition to initiate proceedings was filed. Such appeal shall be taken by filing a notice of appeal with the county judge within thirty days fro…
Neb. Rev. Stat. § 76-715.01 Assessment of damages; appeal notice; contents; filing.
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The party appealing from the award for assessment of damages by the appraisers in any eminent domain action shall, within thirty days of the filing of the award, file a notice of appeal with the court, specifying the parties taking the appeal and the award thereof appealed from, …
Neb. Rev. Stat. § 76-716 Appeal; bond; conditions.
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The party appealing shall also, at the time of filing of notice of appeal, enter into an undertaking, with at least one good and sufficient surety, to be approved by the county judge conditioned (1) that the appellant will prosecute such appeal to effect without unnecessary delay…
Neb. Rev. Stat. § 76-717 Appeal; transcript; fees; filing; delay in acquisition of property; deposit of award, effect.
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Within thirty days after the filing of such notice of appeal, the county judge shall prepare and transmit to the clerk of the district court a duly certified transcript of all proceedings had concerning the parcel or parcels of land as to which the particular condemnee takes the …
Neb. Rev. Stat. § 76-718 Judgment on appeal; certified copy sent to county judge.
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After entry of final judgment in the district court on the appeal, a certified copy thereof shall be prepared and transmitted by the clerk of the district court to the county judge.
Neb. Rev. Stat. § 76-719 Appeal from district court; procedure; money on deposit; disposition.
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Either condemner or condemnee may appeal from the judgment of the district court to the Court of Appeals in the manner provided by law for taking an appeal in a civil action. In case an appeal is taken either to the district court or the Court of Appeals, any money deposited by t…
Neb. Rev. Stat. § 76-719.01 Deposit of award; payment of amount to condemnee; remainder; how treated; waiver of appeal, effect; judgment against condemnee for overpayment; interest.
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Upon stipulation of the parties in interest, the county judge shall order that the amount stipulated by the parties of the money deposited by the condemner in the county court be paid forthwith for or on account of the damages the condemnee has sustained or will sustain by the ap…
Neb. Rev. Stat. § 76-720 Appeal; fees and costs; payment.
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If an appeal is taken from the award of the appraisers by the condemnee and the amount of the final judgment is greater by fifteen percent than the amount of the award, or if appeal is taken by the condemner and the amount of the final judgment is not less than eighty-five percen…
Neb. Rev. Stat. § 76-720.01 Appeal; allowance of fees and costs; applicable to pending cases.
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The provisions of section 76-720 shall apply to any case now or hereafter pending on appeal from the award of the appraisers as provided in section 76-710.
Neb. Rev. Stat. § 76-721 Joinder of causes of action on appeal.
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Assessments made for property taken and damaged by the same condemner upon and through different property belonging to the same condemnee or condemnees may be joined in one appeal, and proceeded with in the appellate court as separate counts joined in one action for damages to su…
Neb. Rev. Stat. § 76-723 Appraisers; fees; appeal; costs; mileage.
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The appraisers shall each receive a reasonable fee for their services, to be fixed by the county judge or clerk magistrate, and the same shall be taxed as costs. The fee shall not exceed four hundred twenty-five dollars for each appraiser exclusive of mileage for each day actuall…
Neb. Rev. Stat. § 76-724 Property of minor, mentally incompetent person, married person whose spouse is under guardianship or conservatorship; authority of guardian or conservator.
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Notwithstanding any more general or special law respecting sale or conveyance of lands, real estate, real or personal property, or any interests therein now or hereafter owned by any minor, mentally incompetent person, any married person whose spouse is under guardianship or cons…
Neb. Rev. Stat. § 76-725 State; lands necessary for state use; right of eminent domain; procedure.
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The State of Nebraska may acquire, by eminent domain, lands necessary for any state use. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.
Neb. Rev. Stat. § 76-726 Costs, expenses, fees; awarded; when.
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(1) The court having jurisdiction of a proceeding instituted by an agency as defined in section 76-1217 to acquire real property by condemnation shall award the owner of any right, title, or interest in such real property such sum as will, in the opinion of the court, reimburse s…
Neb. Rev. Stat. § 76-801 Act, how cited.
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Sections 76-801 to 76-823 shall be known as the Condominium Property Act.