reglab/housing_qa huggingface dataset:
NE Code § 40-102 (2021)
2021 Nebraska Revised Statutes|Chapter 40 - Homesteads|40-102 - Homestead; selection of property.

40-102.  Homestead; selection of property.(1) If the claimant is married, the homestead may be selected from the separate property of the claimant or, with the consent of the claimant's spouse, from the separate property of the claimant's spouse.(2) If the claimant is not married, the homestead may be selected from any of his or her property.Source   Laws 1879, § 2, p. 58;   R.S.1913, § 3077;   C.S.1922, § 2817;   C.S.1929, § 40-102;   R.S.1943, § 40-102;  Laws 2010, LB907, § 1;  Laws 2014, LB964, § 1. Annotations  1. Selection 2. Property available 1. Selection Homestead may be selected from property held as tenants in common. Ehlers v. Campbell, 159 Neb. 328, 66 N.W.2d 585 (1954). Homestead may be selected from property held in joint ownership by husband and wife. Edgerton v. Hamilton County, 150 Neb. 821, 36 N.W.2d 258 (1949). Formal declaration of selection of land as homestead is not necessary. Meyer v. Platt, 137 Neb. 714, 291 N.W. 86 (1940). Homestead selected from property of wife must be with her consent, but consent may be presumed from occupancy of property as a family home. In re Estate of Nielsen, 135 Neb. 110, 280 N.W. 246 (1938). Pleading was sufficient to set forth selection of homestead from wife's separate property. Williams v. Williams, 106 Neb. 584, 184 N.W. 114 (1921). 2. Property available While a homestead cannot be claimed in two separate properties at the same time, a homestead claimant who is about to lose his homestead as the result of foreclosure proceeding may abandon it and establish a new homestead in other property. Hawley v. Arnold, 137 Neb. 238, 288 N.W. 823 (1939). Where wife owned undivided one-half interest in property occupied as homestead, and did not consent to selection of homestead from her interest therein, judgment against husband did not become a lien, where mortgage encumbrance and homestead exemption exceeded the value of husband's one-half interest. Connor v. McDonald, 120 Neb. 503, 233 N.W. 894 (1931). Homestead right in wife's separate property is dependent upon her consent thereto. Zeng v. Jacobs, 101 Neb. 645, 164 N.W. 656 (1917); Klamp v. Klamp, 58 Neb. 748, 79 N.W. 735 (1899). Widow living alone cannot acquire homestead that will descend to her heirs as against creditors. Brusha v. Phipps, 86 Neb. 822, 126 N.W. 856 (1910). Where husband deserts his family, wife is entitled to his homestead exemption. First Nat. Bank of Tekamah v. McClanahan, 83 Neb. 706, 120 N.W. 185 (1909).
NE Code § 40-103 (2021)
2021 Nebraska Revised Statutes|Chapter 40 - Homesteads|40-103 - Homestead; exemption; when inoperative.

40-103.  Homestead; exemption; when inoperative.The homestead is subject to execution or forced sale in satisfaction of judgments obtained (1) on debts secured by mechanics', laborers', or vendors' liens upon the premises and (2) on debts secured by mortgages or trust deeds upon the premises executed and acknowledged by both husband and wife, or an unmarried claimant.Source   Laws 1879, § 3, p. 58;   R.S.1913, § 3078;   C.S.1922, § 2818;   C.S.1929, § 40-103;   R.S.1943, § 40-103;   Laws 1997, LB 372, § 5. Annotations  1. Lien 2. Exceptions 3. Constitutionality 1. Lien Lack of statutory acknowledgment to an improvement mortgage on homestead does not preclude enforcement of mortgage. Miles Homes, Inc. v. Muhs, 184 Neb. 617, 169 N.W.2d 691 (1969). Homestead is subject to debts specified in this section. Schroeder v. Ely, 161 Neb. 262, 73 N.W.2d 172 (1955). Fine and costs imposed for criminal offense create lien on homestead of convict and homestead is subject to sale under execution issued on such judgment for fine and cost. Mancuso v. State, 123 Neb. 204, 242 N.W. 430 (1932). Married man informing lender that he intended to use borrowed money to pay for homestead is not sufficient to entitle lender to lien. Engaard v. Schmidt, 103 Neb. 369, 171 N.W. 905 (1919). Purchase money mortgage is valid as against homestead claim. Peterson v. Fisher, 85 Neb. 745, 124 N.W. 145 (1910). Judgment for alimony is lien on homestead, title whereof is in husband. Best v. Zutavern, 53 Neb. 604, 74 N.W. 64 (1898). Homestead is subject to sale on mechanics' lien. Phelps & Bigelow Windmill Co. v. Shay, 32 Neb. 19, 48 N.W. 896 (1891). 2. Exceptions A vendor's lien is one of the exceptions to homestead statute. Corn Belt Products Co. v. Mullins, 172 Neb. 561, 110 N.W.2d 845 (1961). Exceptions are set forth which permit sale of homestead. Ehlers v. Campbell, 159 Neb. 328, 66 N.W.2d 585 (1954). Exceptions referred to in section 40-117 are mechanics', laborers', and vendors' liens, and mortgages duly executed. Judson v. Creighton, 88 Neb. 37, 128 N.W. 651 (1910). Provisions of civil code relating to exemptions have no application to property exempt as a homestead. Fox v. McClay, 48 Neb. 820, 67 N.W. 888 (1896). As in the case of a mortgage, there is no homestead exemption for debts secured by a trust deed, foreclosed in the same manner as a mortgage, and executed and acknowledged by both husband and wife. Travelers Ins. Co. v. Nelson, 4 Neb. App. 551, 546 N.W.2d 333 (1996). 3. Constitutionality This section neither contravenes 11 U.S.C. sec. 522(f)(1) nor violates Neb. Const., art. I, sec. 3, or art. III, sec. 18. Federal Land Bank of Omaha v. Blankemeyer, 228 Neb. 249, 422 N.W.2d 81 (1988).
NE Code § 40-105 (2021)
2021 Nebraska Revised Statutes|Chapter 40 - Homesteads|40-105 - Homestead; selection; procedure.

40-105.  Homestead; selection; procedure.When an execution for the enforcement of a judgment obtained in a case not within the classes enumerated in section 40-103 is levied upon the lands or tenements of a claimant, the claimant may at any time prior to confirmation of sale apply to the district court in the county in which the homestead is situated for an order to determine whether or not such lands or tenements, or any part thereof, are exempt as a homestead and, if so, the value thereof.Source   Laws 1879, § 5, p. 58;   R.S.1913, § 3080;   C.S.1922, § 2820;   C.S.1929, § 40-105;   R.S.1943, § 40-105;   Laws 1947, c. 153, § 1, p. 420;  Laws 2010, LB907, § 2;  Laws 2014, LB964, § 2. Annotations  Application for determination of homestead exemption was properly made. Sanne v. Sanne, 167 Neb. 683, 94 N.W.2d 367 (1959); Schroeder v. Ely, 161 Neb. 262, 73 N.W.2d 172 (1955). Homestead exemption is not a proper subject for consideration upon confirmation of judicial sale. Enquist v. Enquist, 146 Neb. 708, 21 N.W.2d 404 (1946). Where husband and wife reside upon homestead and wife dies, homestead character of the land continues, and, although husband may have no children or dependents, he may still claim the benefit of the homestead laws. Bartels v. Seefus, 132 Neb. 841, 273 N.W. 485 (1937). Objection to confirmation of execution sale of homestead is no bar to action to remove cloud of sheriff's deed, or other appropriate remedy. Kaley v. Eselin, 108 Neb. 544, 188 N.W. 254 (1922). Administrator's sale of homestead is not void, after confirmation, for failure to segregate homestead interest and to order it preserved. Pohlenz v. Panko, 106 Neb. 156, 182 N.W. 972 (1921). There is no provision for setting off of the homestead except when it is sought to be taken on execution. Sanford v. Anderson, 69 Neb. 249, 95 N.W. 632 (1903). The homestead character of real estate upon which an attachment has been levied is not a proper question to be heard and determined upon motion to discharge attachment. Quigley v. McEvony, 41 Neb. 73, 59 N.W. 767 (1894).
NE Code § 40-106 (2021)
2021 Nebraska Revised Statutes|Chapter 40 - Homesteads|40-106 - Homestead; selection; application; contents.

40-106.  Homestead; selection; application; contents.The application must show (1) the fact that an execution has been levied upon property which is claimed as a homestead, (2) the name of the judgment creditor, (3) the facts which give rise to a homestead exemption, and (4) the value of the homestead.Source   Laws 1879, § 6, p. 59;   R.S.1913, § 3081;   C.S.1922, § 2821;   C.S.1929, § 40-106;   R.S.1943, § 40-106;   Laws 1947, c. 153, § 2, p. 420.  Annotations Procedure for selection of homestead was in conformity with statute. Sanne v. Sanne, 167 Neb. 683, 94 N.W.2d 367 (1959).
NE Code § 40-107 (2021)
2021 Nebraska Revised Statutes|Chapter 40 - Homesteads|40-107 - Homestead; selection; application; filing; service.

40-107.  Homestead; selection; application; filing; service.The application must be filed with the clerk of the district court, and a copy thereof, with notice of the time and place of hearing, be served upon the judgment creditor or his attorney of record and the officer making the levy at least ten days before the hearing. The hearing may be had before or at the hearing on confirmation of sale.Source   Laws 1879, § 7, p. 59;   R.S.1913, § 3082;   C.S.1922, § 2822;   C.S.1929, § 40-107;   R.S.1943, § 40-107;   Laws 1947, c. 153, § 3, p. 421.  Annotations Procedure for selection of homestead was in conformity with statute. Sanne v. Sanne, 167 Neb. 683, 94 N.W.2d 367 (1959).
NE Code § 40-108 (2021)
2021 Nebraska Revised Statutes|Chapter 40 - Homesteads|40-108 - Homestead; selection; hearing.

40-108.  Homestead; selection; hearing.At the hearing the court, upon proof of the service of such application and notice, shall determine whether or not such land is subject to the homestead exemption. If it is not, the court shall dismiss the application. If it is, the court shall further determine: (1) The extent and value of the homestead; and (2) if of greater value than the homestead exemption, whether or not the land claimed as a homestead can be divided without material injury. In the event the land which is determined by the court to be subject to the homestead exemption has already been sold on execution by the sheriff, the sale shall be set aside and the judgment creditor shall be assessed the costs of the sale and of the hearing, unless such land was sold for more than the homestead exemption.Source   Laws 1879, § 8, p. 59;   R.S.1913, § 3083;   C.S.1922, § 2823;   C.S.1929, § 40-108;   R.S.1943, § 40-108;   Laws 1947, c. 153, § 4, p. 421.  Annotations  Procedure for selection of homestead was in conformity with statute. Sanne v. Sanne, 167 Neb. 683, 94 N.W.2d 367 (1959). Hearing and determination of homestead was had under this section. Schroeder v. Ely, 161 Neb. 262, 73 N.W.2d 172 (1955).
NE Code § 40-110 (2021)
2021 Nebraska Revised Statutes|Chapter 40 - Homesteads|40-110 - Homestead; when set off; selection of other lands.

40-110.  Homestead; when set off; selection of other lands.If from the evidence it appears that the land upon which the execution has been levied can be divided without material injury, the court shall, by an order, set off to the claimant so much of the land, including the residence, not exceeding the quantity prescribed in section 40-101, as will amount in value to the homestead exemption, and the execution may be enforced against the remainder of the land, except that if the residence and the ground on which it is situated, with five acres surrounding the same, amount in value to more than the homestead exemption, other lands may be selected on which no building or residence stands as the homestead for the debtor and his or her family.Source   Laws 1879, § 10, p. 59;   R.S.1913, § 3085;   C.S.1922, § 2825;   Laws 1927, c. 111, § 1, p. 315;   C.S.1929, § 40-110;   R.S.1943, § 40-110;   Laws 1947, c. 153, § 5, p. 421;   Laws 1986, LB 999, § 3.  Annotations If property is not capable of division, exemption should be granted from proceeds of sale. Schroeder v. Ely, 161 Neb. 262, 73 N.W.2d 172 (1955).
NE Code § 40-111 (2021)
2021 Nebraska Revised Statutes|Chapter 40 - Homesteads|40-111 - Indivisible homestead; sale; conditions.

40-111.  Indivisible homestead; sale; conditions.If from the evidence it appears that the land upon which the execution has been levied cannot be divided, the court shall, unless a sale has already been held, make an order directing the sale of the land under the execution; but at such sale no bid must be received unless it exceeds the amount of the homestead exemption. Where a sale has already been held, the proceeds of sale to an amount equaling the homestead exemption shall be set off to the judgment debtor as exempt, and the balance distributed as provided by order of the court.Source   Laws 1879, § 11, p. 60;   R.S.1913, § 3086;   C.S.1922, § 2826;   C.S.1929, § 40-111;   R.S.1943, § 40-111;   Laws 1947, c. 153, § 6, p. 422.  Annotations Bid cannot be received unless it exceeds amount of homestead exemption and other existing valid liens. Sanne v. Sanne, 167 Neb. 683, 94 N.W.2d 367 (1959).
NE Code § 40-112 (2021)
2021 Nebraska Revised Statutes|Chapter 40 - Homesteads|40-112 - Indivisible homestead; sale; proceeds; disposition.

40-112.  Indivisible homestead; sale; proceeds; disposition.If the sale is made, the proceeds thereof, to the amount of the homestead exemption, must be paid to the claimant, and the balance applied to the satisfaction of the execution.Source   Laws 1879, § 12, p. 60;   R.S.1913, § 3087;   C.S.1922, § 2827;   C.S.1929, § 40-112;   R.S.1943, § 40-112. Annotations Sheriff's deed on execution sale of homestead passes title to purchaser, where homestead interest is extinguished by mortgage thereof. Hess v. Eselin, 110 Neb. 590, 194 N.W. 469 (1923).
NE Code § 40-113 (2021)
2021 Nebraska Revised Statutes|Chapter 40 - Homesteads|40-113 - Indivisible homestead; sale; surplus proceeds; protection.

40-113.  Indivisible homestead; sale; surplus proceeds; protection.The money paid to the claimant is entitled, for the period of six months thereafter, to the same protection against legal process and the voluntary disposition of the claimant which the law gives to the homestead.Source   Laws 1879, § 13, p. 60;   R.S.1913, § 3088;   C.S.1922, § 2828;   C.S.1929, § 40-113;   R.S.1943, § 40-113. Annotations Sheriff's deed on execution sale of homestead passes title to purchaser, where homestead interest is extinguished by mortgage thereof. Hess v. Eselin, 110 Neb. 590, 194 N.W. 469 (1923).
NE Code § 40-116 (2021)
2021 Nebraska Revised Statutes|Chapter 40 - Homesteads|40-116 - Homestead; protection of surplus after execution sale.

40-116.  Homestead; protection of surplus after execution sale.If the homestead be conveyed by the claimant, or sold for the satisfaction of any lien mentioned in section 40-103, the proceeds of such sale, beyond the amount necessary to the satisfaction of such lien, and not exceeding the amount of the homestead exemption, shall be entitled, for the period of six months thereafter, to the same protection against legal process and the voluntary disposition of the claimant which the law gives to the homestead. The sale and disposition of one homestead shall not be held to prevent the selection or purchase of another, as provided in sections 40-101 to 40-116.Source   Laws 1879, § 16, p. 61;   R.S.1913, § 3091;   C.S.1922, § 2831;   C.S.1929, § 40-116;   R.S.1943, § 40-116. Annotations  Protection accorded to the proceeds of the sale of a homestead applies to property received in exchange for the homestead, not exceeding in value the amount of the exemption. Meyer v. Platt, 137 Neb. 714, 291 N.W. 86 (1940). Under former law, proceeds arising from sale of homestead, not exceeding two thousand dollars, was protected for period of six months, to same extent as homestead. Corey v. Plummer, 48 Neb. 481, 67 N.W. 445 (1896); Prugh v. Portsmouth Savings Bank, 48 Neb. 414, 67 N.W. 309 (1896); Scheel v. Lackner, 4 Neb. Unof. 221, 93 N.W. 741 (1903).
NE Code § 40-118 (2021)
2021 Nebraska Revised Statutes|Chapter 40 - Homesteads|40-118 - Transferred to section 61-105.

40-118.  Transferred to section 61-105.
NE Code § 41-201 (2021)
2021 Nebraska Revised Statutes|Chapter 41 - Hotels and Inns|41-201 - Definitions, where found.

41-201.  Definitions, where found.For purposes of sections 41-201 to 41-214, unless the context otherwise requires, the definitions found in sections 41-202 to 41-207 shall be used.Source  Laws 1982, LB 547, § 1.
NE Code § 41-202 (2021)
2021 Nebraska Revised Statutes|Chapter 41 - Hotels and Inns|41-202 - Hotel, defined.

41-202.  Hotel, defined.Hotel shall mean every building or other structure kept, used, maintained, advertised, or held out to the public to be a place where sleeping and other accommodations are offered for pay, principally to transient guests, in which ten or more persons are accommodated or five or more rooms are used principally for the accommodation of transient guests, with or without one or more dining rooms or cafes where meals or lunches are served to such guests, together with any buildings in connection therewith.Source  Laws 1982, LB 547, § 2.
NE Code § 41-203 (2021)
2021 Nebraska Revised Statutes|Chapter 41 - Hotels and Inns|41-203 - Motel, defined.

41-203.  Motel, defined.Motel shall mean a roadside hotel providing both lodging for travelers, whether in individual cabins or not, and garage or parking space for their motor vehicles.Source  Laws 1982, LB 547, § 3.
NE Code § 41-204 (2021)
2021 Nebraska Revised Statutes|Chapter 41 - Hotels and Inns|41-204 - Rooming house, defined.

41-204.  Rooming house, defined.Rooming house shall mean every building or other structure kept, used, maintained, advertised, or held out to the public to be a place where sleeping accommodations are furnished for pay to transient or permanent guests in which five or more rooms are used for the accommodation of such guests, but which does not maintain dining rooms or cafes in connection therewith, and which has not been designated as a hotel or boarding house.Source  Laws 1982, LB 547, § 4.
NE Code § 41-205 (2021)
2021 Nebraska Revised Statutes|Chapter 41 - Hotels and Inns|41-205 - Boarding house, defined.

41-205.  Boarding house, defined.Boarding house shall mean every building or other structure kept, used, maintained, advertised, or held out to the public to be a place where sleeping and other accommodations are furnished for pay to transient or permanent guests in which five or more rooms are used for the accommodation of such guests, which maintains a dining room, cafe, or common kitchen for the use of the guests in connection therewith, and in which social or domestic services may be provided at the request of the guest to assist such guest in daily living activities, and which has not been designated as a hotel, restaurant, or cafe.Source  Laws 1982, LB 547, § 5.
NE Code § 41-206 (2021)
2021 Nebraska Revised Statutes|Chapter 41 - Hotels and Inns|41-206 - Apartment house, defined.

41-206.  Apartment house, defined.Apartment house shall mean every building or other structure kept, used, maintained, advertised, or held out to the public to be a place where accommodations for living rooms, either furnished or unfurnished, single or in suites for light housekeeping, or both, are furnished for permanent guests, but where no dining room or cafe is maintained in the same building or under the same management, and where five or more tenants occupy such buildings, together with any buildings in connection therewith.Source  Laws 1982, LB 547, § 6.
NE Code § 41-207 (2021)
2021 Nebraska Revised Statutes|Chapter 41 - Hotels and Inns|41-207 - Guests, defined.

41-207.  Guests, defined.Guests shall mean and include all persons who have registered on a register provided for such purpose by hotels, motels, and rooming houses, whether assigned a room or rooms or not, occupants of apartments, patrons of restaurants, or persons who have signified their intention in writing to become a guest of such hotel, restaurant, apartment house, motel, or rooming house.Source  Laws 1982, LB 547, § 7.
NE Code § 41-209 (2021)
2021 Nebraska Revised Statutes|Chapter 41 - Hotels and Inns|41-209 - Proprietor's liability for baggage and wearing apparel; amount.

41-209.  Proprietor's liability for baggage and wearing apparel; amount.Every person, firm, or corporation maintaining, operating, or conducting a hotel, restaurant, apartment house, motel, or rooming house, where a suitable room or rooms are provided for the reception and keeping of trunks, packages, wearing apparel, and similar articles, who, on the request of a bona fide guest of such place of business, receives for safekeeping any trunk, bag, or articles of wearing apparel, or similar articles shall (1) issue to such guest a receipt or check therefor, (2) be responsible for such property so taken, and (3) be liable for loss, damage, or injury to such property, except that the person, firm, or corporation, operating such hotel, restaurant, apartment house, motel, or rooming house, shall not be required to receive and be responsible for any (a) trunk and its contents to the value of more than two hundred dollars, (b) valise, grip, or sample case and its contents to the value of more than seventy-five dollars, (c) box, bundle, or package and its contents to the value of more than twenty-five dollars, or (d) miscellaneous other effects, including wearing apparel and personal belongings so checked to the value of more than seventy-five dollars, unless he or she shall have consented in writing with such guest to assume a greater responsibility.Source  Laws 1982, LB 547, § 9.
NE Code § 41-210 (2021)
2021 Nebraska Revised Statutes|Chapter 41 - Hotels and Inns|41-210 - Proprietor's liability; limitation.

41-210.  Proprietor's liability; limitation.The limitations of liability, provided for in sections 41-208 and 41-209, shall apply to all property brought upon the premises of the hotel, restaurant, apartment house, motel, or rooming house for forty-eight hours after the guest has ceased occupying the premises and paid his or her bill therefor, which shall terminate the relation of keeper and guest, except that the keeper or owner may continue to hold such property at the risk of the guest or owner of such property.Source  Laws 1982, LB 547, § 10.
NE Code § 41-211 (2021)
2021 Nebraska Revised Statutes|Chapter 41 - Hotels and Inns|41-211 - Proprietor's liability; limitation; notice; declaration of value; display copy of law.

41-211.  Proprietor's liability; limitation; notice; declaration of value; display copy of law.For any loss of or damage to any property left by a guest after he or she has departed from any hotel, restaurant, apartment house, motel, or rooming house and ceased to be a guest thereof, the liability of the proprietor thereof, whether or not such loss or damage is occasioned by the negligence of such proprietor or his or her agents or servants, shall be that of a gratuitous bailee and the amount which may be recovered against such proprietor shall not exceed the sum of two hundred fifty dollars unless the guest shall have declared a greater value upon the property in writing and delivered such declaration, while a guest thereof, to the hotel, restaurant, apartment house, motel, or rooming house, in which event recovery of the actual damages sustained may be allowed in an amount not in excess of the value so declared. Forms for making such declaration shall be furnished by the hotel, restaurant, apartment house, motel, or rooming house. A copy thereof, signed by the proprietor or his or her agent, shall be delivered to the guest. A copy of this section printed in not smaller than ten-point type shall be conspicuously posted in the public areas and in each room of each hotel, restaurant, apartment house, motel, or rooming house desiring to obtain the benefit of this section.Source  Laws 1982, LB 547, § 11.