reglab/housing_qa huggingface dataset:
NE Code § 12-701 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-701 - Abandonment; failure to maintain; presumption; reversion; notice; service.

12-701.  Abandonment; failure to maintain; presumption; reversion; notice; service.(1) The ownership of or right in or to an unoccupied cemetery lot or part of a lot in any cemetery in the state shall, upon abandonment, revert to the city, village, township, or cemetery association having the ownership and charge of the cemetery containing such lot or part of a lot. The continued failure to maintain or care for a cemetery lot or part of a lot for a period of ten years shall create and establish a presumption that the same has been abandoned. Abandonment shall not be deemed complete unless, after such period of ten years, there shall be given by the reversionary owner to the owner of record or, if he or she be deceased or his or her whereabouts unknown, to the heirs of such deceased person, as far as they are known or can be ascertained with the exercise of reasonable diligence, or to one or more of the near relatives of such owner of record, whose whereabouts are unknown, notice declaring the lot or part of a lot to be abandoned. This notice shall be served as provided by subsection (2) of this section.(2) The notice, referred to in subsection (1) of this section, may be served personally upon the owner or his or her heirs or near relatives or may be served by the mailing of the notice by either registered or certified mail to the owner or to his or her heirs or near relatives, as the case may be, to his, her, or their last-known addresses. In the event that the addresses of the owner and his or her heirs and near relatives are unknown or cannot be found with reasonable diligence, the notice of such abandonment shall be given by publishing the same one time in a legal newspaper published in and of general circulation in the county or, if none is published in the county, in a legal newspaper of general circulation in the county in which the cemetery is located.Source   Laws 1935, c. 26, § 1, p. 120;   C.S.Supp.,1941, § 13-701;   R.S.1943, § 12-701;   Laws 1953, c. 18, § 1, p. 85;   Laws 1955, c. 19, § 1, p. 94;   Laws 1957, c. 242, § 5, p. 819;   Laws 1963, c. 39, § 2, p. 211;   Laws 1986, LB 960, § 6.
NE Code § 12-702 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-702 - Abandonment; presumption; rebuttal by notice; sale authorized; proceeds; disposition.

12-702.  Abandonment; presumption; rebuttal by notice; sale authorized; proceeds; disposition.If within one year from the time of serving or publishing the notice referred to in section 12-701, the record owner or his heirs or near relatives shall give the reversionary owner, referred to in subsection (1) of such section, notice in writing that in fact there has been no such abandonment and shall pay the cost of service or publication of the notice of abandonment, then a presumption of abandonment shall no longer exist. In case abandonment has been complete as hereinbefore provided, the reversionary owner of the abandoned lot, part of lot, lots, or parts of lots may sell the same and convey title thereto. Any funds realized from the sale of such lot, part of lot, lots, or parts of lots shall constitute a fund to be used solely for the care and upkeep of the used portion of such lot, part of lot, lots, or parts of lots and for the general maintenance of such cemetery.Source   Laws 1935, c. 26, § 2, p. 121;   C.S.Supp.,1941, § 13-702;   R.S.1943, § 12-702;   Laws 1953, c. 18, § 2, p. 86;   Laws 1963, c. 39, § 3, p. 212.
NE Code § 12-801 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-801 - Trustees; change or improve conditions of lot; repair and remove property; powers; procedure.

12-801.  Trustees; change or improve conditions of lot; repair and remove property; powers; procedure.The trustees of any cemetery, as hereinafter defined, may change or improve the condition of any burial lot in a cemetery, under the management or control of such trustees, if such burial lot is overgrown with weeds or is otherwise so unsightly as to seriously disfigure the burial ground. The trustees of any cemetery may also remove or repair any monument, curbing, marker or other property placed or located on any burial lot in a cemetery, except metal markers provided for war veterans as provided in section 80-107, which has become so unsightly, dilapidated or decayed as to disfigure the rest of the cemetery, if the owner or owners of record, or their next of kin, shall fail to do so within thirty days after notice is given as is set forth in section 12-802. Metal markers provided for veterans graves may be moved on the grave for the purpose of permanent placement.Source   Laws 1945, c. 15, § 1, p. 115;   R.S.1943, § 12-801;   Laws 1969, c. 56, § 1, p. 358.
NE Code § 12-802 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-802 - Notice; contents; how served.

12-802.  Notice; contents; how served.The notice shall state the legal description of such burial lot, the property located on such lot which is claimed to be so unsightly, dilapidated, or decayed, and that if the property is not repaired or removed within thirty days after such notice is given, the trustees will proceed to either repair or remove the same. The notice shall be given to, served upon, or sent by certified or registered mail to the owner of record. If the owner of record is deceased or his or her whereabouts are unknown, such notice shall be given to, served upon, or sent by certified or registered mail to any one of the next of kin of the owner of record of such lot. In the event that neither an owner of record nor any one of the next of kin of an owner of record of such lot can be found, the notice may be given by publishing the same one time in a legal newspaper published in and of general circulation in the county in which the cemetery is located or, if none is published in such county, in a legal newspaper of general circulation in the county in which the cemetery is located. Such notice shall be addressed to the record owner and to all persons having or claiming any interest in or to the burial lot, which shall be set forth in such notice by its legal description. The notice shall date from the date of the delivery or service of such notice, the date of mailing such notice by certified or registered mail, or the date of the publication in the newspaper.Source   Laws 1945, c. 15, § 2, p. 116;   Laws 1986, LB 960, § 7;   Laws 1987, LB 93, § 2.
NE Code § 12-803 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-803 - Terms, defined.

12-803.  Terms, defined.The terms trustees of any cemetery or the trustees, as used in sections 12-801 to 12-804, shall include trustees of a cemetery association, cemetery boards, or other persons, public or private corporations, municipalities, townships, boards or governing bodies having the management or control of a cemetery or cemeteries in this state. The term lot, as used in sections 12-801 to 12-804, shall include part or all of one or more lots owned of record by the same person or persons.Source  Laws 1945, c. 15, § 3, p. 116.
NE Code § 12-804 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-804 - Sections, how construed.

12-804.  Sections, how construed.The provisions of sections 12-801 to 12-804 shall be deemed cumulative with and supplemental to any laws of the State of Nebraska relating to the establishment or operation of cemeteries and the powers of the trustees or other governing bodies thereof.Source  Laws 1945, c. 15, § 4, p. 116.
NE Code § 12-805 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-805 - Abandoned or neglected cemeteries; care and maintenance.

12-805.  Abandoned or neglected cemeteries; care and maintenance.The county board shall expend money from the general fund of the county for the care and maintenance of each abandoned or neglected cemetery. Such amount shall not exceed one thousand dollars per cemetery in a calendar year. Such care and maintenance may include the repair or building of fences and annual spraying for the control of weeds and brush.Source   Laws 1931, c. 40, § 1, p. 135;   Laws 1933, c. 36, § 1, p. 237;   Laws 1939, c. 28, § 5, p. 146;   Laws 1941, c. 48, § 2, p. 236;   C.S.Supp.,1941, § 26-105;   Laws 1943, c. 57, § 1(9), p. 226;   R.S.1943, § 23-113;   Laws 1949, c. 35, § 1, p. 128;   Laws 1973, LB 277, § 1;   Laws 1974, LB 608, § 1;   C.S.Supp.,1974, § 23-113;  Laws 2001, LB 280, § 1;  Laws 2008, LB995, § 3.
NE Code § 12-806 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-806 - Abandoned or neglected cemeteries; care; item in county budget.

12-806.  Abandoned or neglected cemeteries; care; item in county budget.The county board may include in the budget for the next fiscal year an item for care of abandoned or neglected cemeteries as provided in section 12-805.Source   Laws 1949, c. 35, § 2, p. 128;   R.S.1943, (1974), § 23-113.01;  Laws 2008, LB995, § 4.
NE Code § 12-807 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-807 - Abandoned or neglected pioneer cemeteries; preservation.

12-807.  Abandoned or neglected pioneer cemeteries; preservation.The county board shall expend money from the general fund of the county for the continuous preservation and maintenance, including mowing, of an abandoned or neglected pioneer cemetery when petitioned to do so by thirty-five adult residents of the county. The county board shall publish notice of such petition in one issue of the official newspaper published and of general circulation in the county at least ten days prior to the day when the matter will be heard by the county board.Source   Laws 1975, LB 129, § 1;  Laws 2008, LB995, § 5.
NE Code § 12-808 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-808 - Abandoned or neglected pioneer cemetery, defined.

12-808.  Abandoned or neglected pioneer cemetery, defined.For purposes of sections 12-807 to 12-810 and 12-812, an abandoned or neglected pioneer cemetery shall be defined according to the following criteria:(1) Such cemetery was founded or the land upon which such cemetery is situated was given, granted, donated, sold, or deeded to the founders of the cemetery prior to January 1, 1900;(2) Such cemetery contains the grave or graves of a person or persons who were homesteaders, immigrants from a foreign nation, prairie farmers, pioneers, sodbusters, first generation Nebraskans, or Civil War veterans; and(3) Such cemetery has been generally abandoned or neglected for a period of at least five consecutive years.Source   Laws 1975, LB 129, § 2;   Laws 1996, LB 932, § 1;  Laws 2008, LB995, § 6;  Laws 2014, LB863, § 11.
NE Code § 12-808.01 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-808.01 - Abandoned and neglected pioneer cemeteries; access; when.

12-808.01.  Abandoned and neglected pioneer cemeteries; access; when.An owner of property upon which is located a pioneer cemetery affected by sections 12-807 to 12-810 shall not deny pedestrian access to such cemetery as prescribed by this section. Pedestrian access to a pioneer cemetery affected by sections 12-807 to 12-810 shall be granted on Memorial Day and from November 1 through March 1. When possible, visitors to such a pioneer cemetery shall notify the property owner of their presence prior to accessing the cemetery. The property owner may specify a pathway to the cemetery if such pathway is reasonable in direction and accessibility.Source  Laws 1996, LB 932, § 2.
NE Code § 12-809 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-809 - Abandoned and neglected pioneer cemeteries; maintenance.

12-809.  Abandoned and neglected pioneer cemeteries; maintenance.Care given to such cemetery by a county under sections 12-807 to 12-810 may include the removal of shrubbery, trees, or brush, the erection of adequate fences, the planting of grass, flowers, trees, and shrubbery, repair and uprighting of tombstones and gravemarkers, and any other care normally accorded to cemeteries.Source   Laws 1975, LB 129, § 3;   Laws 1996, LB 932, § 3.
NE Code § 12-810 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-810 - Abandoned or neglected pioneer cemeteries; mowing; historical and directional markers.

12-810.  Abandoned or neglected pioneer cemeteries; mowing; historical and directional markers.Any county affected by sections 12-807 to 12-810 shall provide for at least one mowing annually of such cemetery each year, and one of such mowings shall occur within a period of two weeks prior to Memorial Day. Additional mowings shall be at the discretion of the county board, and each additional mowing may be subject to a public hearing at which the need for the additional mowing shall be presented to the county board. Within five years after maintenance and preservation of such cemetery is commenced by such county, a historical marker giving the date of the establishment of the cemetery and a short history of the cemetery may be placed at the site of such cemetery. One directional marker showing the way to such cemetery may be placed on the nearest state highway to such cemetery.Source   Laws 1975, LB 129, § 4;   Laws 1996, LB 932, § 4;  Laws 2008, LB995, § 7.
NE Code § 12-812 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-812 - Abandoned or neglected pioneer cemetery; county transfer management; conditions.

12-812.  Abandoned or neglected pioneer cemetery; county transfer management; conditions.A county which is maintaining an abandoned or neglected pioneer cemetery may transfer the management of the cemetery to a cemetery association formed under sections 12-501 to 12-532 or to a cemetery district organized under sections 12-909 to 12-923 if:(1) The county has been maintaining the cemetery pursuant to sections 12-807 to 12-810 for at least five years;(2) The planning commission appointed pursuant to section 23-114.01, if any, reviews the proposed transfer; and(3) The county board approves the transfer of the cemetery by resolution after a public hearing for which notice is provided to the public.Source Laws 2014, LB863, § 12.
NE Code § 12-909 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-909 - Organization; territory.

12-909.  Organization; territory.A majority of the resident taxpayers in any compact and contiguous district, territory, neighborhood, or community in the State of Nebraska, which is equivalent in area to one township or more, is hereby authorized to form, organize, and establish a cemetery district which shall be empowered to equip and maintain a cemetery or cemeteries when the organization thereof is completed.Source   Laws 1961, c. 27, § 1, p. 138;   Laws 1961, c. 28, § 1, p. 143.
NE Code § 12-910 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-910 - Petition; filing; contents.

12-910.  Petition; filing; contents.Whenever a majority of the resident taxpayers of any such district, territory, neighborhood, or community intends or desires to form, organize, and establish a cemetery district which will be empowered to equip and maintain a cemetery or cemeteries when the organization thereof is completed, they shall signify such intention or desire by presenting to the county board of the county in which the greater portion of the land proposed to be included in such district is situated a petition setting forth the desires and intentions of such petitioners. Such petition may be in the form of two or more separate petitions which read substantially the same except for the different signatures and addresses thereon. Such petition shall contain the full names and post office addresses of such petitioners, the area in square miles, and the complete description of the boundaries of the real properties to be embraced in the proposed cemetery district. When such proposed district includes any municipality, the petitions must be signed by a majority of the resident taxpayers within such municipality and by a majority of the resident taxpayers outside such municipality and within the boundaries of the proposed district.Source  Laws 1961, c. 27, § 2, p. 138.
NE Code § 12-911 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-911 - County board; examine petition; hearing; notice.

12-911.  County board; examine petition; hearing; notice.Upon receipt of such petition, the county board shall examine it to determine whether it complies with the requirements of section 12-910. Upon finding that such petition complies with such requirements, the county board shall set a hearing thereon and cause notice thereof to be published at least three successive weeks in a newspaper of general circulation throughout the area to be included in such proposed district. Such notice shall contain a statement of the information contained in such petition and of the date, time, and place at which such hearing shall be held and that at such hearing proposals may be submitted for the exclusion of land from, or the inclusion of additional land in such proposed district. If the proposed district lies in two or more counties, such hearing shall be held before the combined boards of all counties interested and the time and place thereof shall be as mutually agreed by such boards.Source  Laws 1961, c. 27, § 3, p. 139.
NE Code § 12-912 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-912 - Completion of organization; meeting; notice.

12-912.  Completion of organization; meeting; notice.After completion of the hearing required by section 12-911, the county board, if it determines that formation of the proposed district would promote public health, convenience, or welfare, shall order such changes in the boundaries of such proposed district or of the areas into which such proposed district is to be divided as it shall deem proper. The county board shall thereupon designate a time and place for all taxpayers to meet at a place within such district to complete the organization thereof. Notice of such meeting shall be published once each week for two successive weeks in a newspaper of general circulation in the district.Source  Laws 1961, c. 27, § 4, p. 139.
NE Code § 12-913 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-913 - Board of trustees; officers; election; terms; compensation.

12-913.  Board of trustees; officers; election; terms; compensation.At the public meeting held under section 12-912, permanent organization shall be effected by the election of a board of trustees consisting of three or five residents of the district if the district includes territory in five townships or less. If the district shall embrace or include territory in more than five townships, each township may be represented on the board of trustees by one trustee who shall be a resident of the township. All trustees shall be elected for two years and hold office until their successors have been elected, except at the first election at least two trustees shall be elected for one-year terms. The board of trustees shall organize by electing a president, vice president, and secretary-treasurer from the members of the board for a term of one year. All officers shall serve without pay.Source   Laws 1961, c. 27, § 5, p. 140;   Laws 1963, c. 40, § 1, p. 213;   Laws 1997, LB 71, § 1.
NE Code § 12-914 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-914 - Budget; adoption; certification of tax; levy; collection; use.

12-914.  Budget; adoption; certification of tax; levy; collection; use.The board of trustees shall annually fix the amount of money for the proposed budget statement as may be deemed sufficient and necessary for carrying out the proposed policy with regard to the contemplated cemetery or cemeteries for the ensuing fiscal year. After the adoption of the district's budget statement, the president and secretary shall certify the amount to be received from taxation, according to the adopted budget statement, to the proper county clerk or county clerks and the proper county board or boards which may levy a tax subject to section 77-3443, not to exceed the amount so certified nor to exceed one and seven-tenths cents on each one hundred dollars upon the taxable value of all the taxable property in such district, for the maintenance of the cemetery or cemeteries in the district for the fiscal year as provided by law. Such tax shall be collected as other taxes are collected in the county by the county treasurer, shall be placed to the credit of the cemetery district so authorizing the same, and shall be paid to the treasurer of the cemetery district upon warrants drawn upon the fund by the board of trustees of the district. Such warrants shall bear the signature of the president and the counter-signature of the secretary of the cemetery district. The amount of the tax levy shall not exceed the amount of funds required to defray the expenses of the district for a period of one year, as embraced in the adopted budget statement which forms the basis of the assessment and levy. For purposes of section 77-3443, the county board of each county in which the district is situated shall approve the budget.Source   Laws 1961, c. 27, § 6, p. 140;   Laws 1969, c. 145, § 15, p. 680;   Laws 1979, LB 187, § 27;   Laws 1992, LB 719A, § 26;   Laws 1996, LB 1114, § 23.
NE Code § 12-915 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-915 - Bylaws; adoption.

12-915.  Bylaws; adoption.The board of trustees of the cemetery district may adopt such bylaws as may be deemed necessary for the government of said district.Source  Laws 1961, c. 27, § 7, p. 141.
NE Code § 12-916 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-916 - Warrants; amount authorized; rate of interest.

12-916.  Warrants; amount authorized; rate of interest.All warrants for the payment of any indebtedness of such a cemetery district, which are unpaid for want of funds, shall bear interest, but not to exceed six percent per annum, from the date of the registering of such unpaid warrants with the cemetery district treasurer. The amount of such warrants shall not exceed the revenue provided for the year in which the indebtedness was incurred.Source  Laws 1961, c. 27, § 8, p. 141.
NE Code § 12-917 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-917 - Area; addition; withdrawal; procedure.

12-917.  Area; addition; withdrawal; procedure.Lands may be added to or withdrawn from such district in the manner provided for its formation, but no withdrawal may be allowed if the result thereof would be to reduce the remaining territory included in the district below the minimum area provided in section 12-909.Source  Laws 1961, c. 27, § 9, p. 141.
NE Code § 12-918 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-918 - Area withdrawn; outstanding obligations; assessment.

12-918.  Area withdrawn; outstanding obligations; assessment.Any area withdrawn from a district shall be subject to assessment and be otherwise chargeable for the payment and discharge of all of the obligations outstanding at the time of the filing of the petition for the withdrawal of the area as fully as though the area had not been withdrawn. All provisions which could be used to compel the payment by a withdrawn area of its portion of the outstanding obligations had the withdrawal not occurred may be used to compel the payment on the part of the area of the portion of the outstanding obligations of the district for which it is liable.Source  Laws 1961, c. 27, § 10, p. 141.
NE Code § 12-919 (2021)
2021 Nebraska Revised Statutes|Chapter 12 - Cemeteries|12-919 - Area withdrawn; obligations incurred after withdrawal; not subject to assessment.

12-919.  Area withdrawn; obligations incurred after withdrawal; not subject to assessment.An area withdrawn from a district shall not be subject to assessment or otherwise chargeable for any obligation of any nature or kind incurred after the withdrawal of the area from the district.Source  Laws 1961, c. 27, § 11, p. 141.