Chapter 76 — REAL PROPERTY
1,095 sections in this chapter.
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 …
Repealed. Laws 1982, LB 592, § 2.
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[Repealed or reserved.]
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…
Repealed. Laws 1983, LB 447, § 104.
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[Repealed or reserved.]
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.
Neb. Rev. Stat. § 76-802 Terms, defined.
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For purposes of the Condominium Property Act, unless the context otherwise requires: (1) Condominium property regime shall mean a project whereby four or more apartments are separately offered or proposed to be offered for sale; (2) Apartment shall mean an enclosed space consisti…
Neb. Rev. Stat. § 76-803 Condominium property regime; established.
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Whenever a sole owner or the co-owners of property expressly declare, through the recordation of a master deed, which shall set forth the particulars enumerated in section 76-809, their desire to submit their property to the regime established by sections 76-801 to 76-823, there …
Neb. Rev. Stat. § 76-804 Condominium property regime; effect of establishment.
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Once the property is submitted to the condominium property regime, an apartment in any building may be individually conveyed and encumbered and may be the subject of ownership, possession, or sale and of all types of juridic acts inter vivos or mortis causa, as if it were solely …
Neb. Rev. Stat. § 76-805 Apartment; form of ownership.
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Any apartment may be held and owned by more than one person as joint tenants, as tenants in common, or in any other real estate tenancy relationship recognized under the laws of this state.
Neb. Rev. Stat. § 76-806 Apartment; ownership rights; value; computation.
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An apartment owner shall have the exclusive ownership of his apartment and shall have a common right to a share, with the other co-owners, in the common elements of the property, equivalent to the percentage representing the value of the individual apartment, with relation to the…
Neb. Rev. Stat. § 76-807 Common elements; not subject to partition or liens; treatment; rules against perpetuities and unreasonable restraints on alienation; not applicable.
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The common elements, both general and limited, shall remain undivided and shall not be the object of an action for partition or division of the co-ownership. Any covenant to the contrary shall be void. The rules of property known as the rule against perpetuities and the rule rest…
Neb. Rev. Stat. § 76-808 Co-owner; use of common elements; responsibility for maintenance, repair, and replacement.
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(1) Each co-owner may use the elements held in common in accordance with the purpose for which they are intended, without hindering or encroaching upon the lawful rights of the other co-owners. (2) The association of co-owners and board of administrators, or other administrative …
Neb. Rev. Stat. § 76-809 Master deed; contents; execution; recording.
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The master deed creating and establishing the condominium property regime shall be executed by the owner or owners of the property making up the regime and shall be recorded in the office of the register of deeds in the county where such property is located. The master deed shall…
Neb. Rev. Stat. § 76-810 Master deed; plans attached; boundaries.
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(1) There shall be attached to the master deed, at the time it is filed for record, a full and exact copy of the plans of any building, which copy of plans shall be entered of record along with the master deed. Said plans shall show graphically all particulars of any building inc…
Neb. Rev. Stat. § 76-811 Apartments; conveyance; legal description.
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Each apartment in a building shall be designated, on the plans referred to in section 76-810, by letter or number or other appropriate designation, and any conveyance or other instrument affecting title to the apartment which describes the apartment by using the letter or number …
Neb. Rev. Stat. § 76-812 Disposition of property; vote of co-owners required; effect.
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Unless otherwise provided in the master deed or bylaws, the co-owners may, by affirmative vote of at least three-fourths, elect to sell or otherwise dispose of the property, or to waive the condominium property regime; Provided, that the individual apartments are unencumbered, or…
Neb. Rev. Stat. § 76-812.01 Condominium property; divided; added to; deleted; procedure; recomputed basic value.
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Unless otherwise provided in the master deed or bylaws, land, buildings, apartments, improvements, structures, easements, rights or obligations, in whole or in part, may be divided, added to or deleted from a condominium property regime by approval of at least three-fourths of th…