Chapter 76 — REAL PROPERTY
1,095 sections in this chapter.
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.
Transferred to section 76-3703.
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[Repealed or reserved.]
Repealed. Laws 2024, LB1301, § 26.
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[Repealed or reserved.]
Transferred to section 76-3704.
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[Repealed or reserved.]
Transferred to section 76-3705.
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[Repealed or reserved.]
Transferred to section 76-3706.
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[Repealed or reserved.]
Transferred to section 76-3707.
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[Repealed or reserved.]
Repealed. Laws 2024, LB1301, § 26.
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[Repealed or reserved.]
Repealed. Laws 2024, LB1301, § 26.
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[Repealed or reserved.]
Repealed. Laws 2024, LB1301, § 26.
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[Repealed or reserved.]
Repealed. Laws 2024, LB1301, § 26.
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[Repealed or reserved.]
Transferred to section 76-3708.
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[Repealed or reserved.]
Transferred to section 76-3709.
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[Repealed or reserved.]
Transferred to section 76-3710.
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[Repealed or reserved.]
Repealed. Laws 2024, LB1301, § 26.
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[Repealed or reserved.]
Repealed. Laws 1985, LB 47, § 32.
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[Repealed or reserved.]
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…
Repealed. Laws 1973, LB 517, § 2.
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[Repealed or reserved.]
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.
Repealed. Laws 1985, LB 47, § 32.
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[Repealed or reserved.]
Repealed. Laws 1985, LB 47, § 32.
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[Repealed or reserved.]
Repealed. Laws 1985, LB 47, § 32.
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[Repealed or reserved.]
Transferred to section 76-538.
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[Repealed or reserved.]
Transferred to section 76-537.
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[Repealed or reserved.]
Transferred to section 76-540.
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[Repealed or reserved.]
Transferred to section 76-541.
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[Repealed or reserved.]
Transferred to section 76-549.
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[Repealed or reserved.]