reglab/housing_qa huggingface dataset:
NE Code § 76-715 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-715 - Assessment of damages; appeal; procedure.

76-715.  Assessment of damages; appeal; procedure.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 from the date of filing of the report of appraisers as provided in section 76-710.Source  Laws 1951, c. 101, § 15, p. 455. Annotations  Under section 76-726(2), the court encompassed in the expression "the court having jurisdiction of a proceeding instituted by a condemnee under section 76-705" includes the district court to which an appeal is taken under this section. The provision in section 76-726(2) allowing an award of attorney fees when "(a) the court renders a judgment in favor of the condemnee or (b) a settlement is effected" authorizes the district court as well as the county court to award attorney fees upon the happening of either (a) or (b). Armstrong v. County of Dixon, 282 Neb. 623, 808 N.W.2d 37 (2011). A party to an eminent domain proceeding who does not file a notice of appeal as required by this section does not maintain a valid cross-appeal such that it will prevent voluntary dismissal of the other party's appeal before final submission. Dawson v. Papio Nat. Resources Dist., 210 Neb. 100, 313 N.W.2d 242 (1981). The plaintiff's burden of proving the nature and extent of damages cannot be satisfied by evidence which is speculative and conjectural. Dawson v. Papio N.R.D., 206 Neb. 225, 292 N.W.2d 42 (1980). The filing and serving of notice of appeal herein provided is jurisdictional. Estate of Tetherow v. State, 193 Neb. 150, 226 N.W.2d 116 (1975). Requirements of this section are mandatory and jurisdictional. Neumeyer v. Omaha Public Power Dist., 188 Neb. 516, 198 N.W.2d 80 (1972). It is mandatory and jurisdictional that notice of appeal be filed within the time required by statute; courts have no power to extend the time directly or indirectly. Friedman v. State, 183 Neb. 9, 157 N.W.2d 855 (1968). Notice of appeal must be filed within thirty days from date of filing of report of appraisers. Weiner v. State, 179 Neb. 297, 137 N.W.2d 852 (1965). Condemnees properly perfected appeal from county court to district court. Jensen v. Omaha Public Power Dist., 159 Neb. 277, 66 N.W.2d 591 (1954). First step required on appeal is filing of notice. City of Seward v. Gruntorad, 158 Neb. 143, 62 N.W.2d 537 (1954).
NE Code § 76-715.01 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-715.01 - Assessment of damages; appeal notice; contents; filing.

76-715.01.  Assessment of damages; appeal notice; contents; filing.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, and shall serve a copy of the same upon all parties bound by the award or upon their attorneys of record. Service may be made by mail, and proof of such service shall be made by an affidavit of the appellant filed with the court within five days after the filing of the notice stating that such notice of appeal was duly mailed or that after diligent search the addresses of such persons or their attorneys of record are unknown.Source   Laws 1965, c. 454, § 1, p. 1447;   Laws 1987, LB 601, § 7.  Annotations  The timely filing of an affidavit of service as required by this section is not jurisdictional, but instead is merely directory. As is stated by section 76-717, the act which confers jurisdiction on the district court in a condemnation action is the filing of the notice of appeal. Wooden v. County of Douglas, 275 Neb. 971, 751 N.W.2d 151 (2008). Timely notice of appeal is mandatory to all parties or their specific attorneys appearing in the action being appealed. Kracman v. Nebraska P. P. Dist., 197 Neb. 301, 248 N.W.2d 751 (1976). The filing and serving of notice of appeal herein provided is jurisdictional. Estate of Tetherow v. State, 193 Neb. 150, 226 N.W.2d 116 (1975). The term all parties bound by the award refers: (1) In case the condemner is the appealing party, to the condemnee or condemnees from the award in favor of whom the condemner desires to take his appeal; or (2) in case a condemnee is the appealing party, it refers to the condemner. An appealing condemnee need not serve notice of appeal upon other condemnees. Grace Land & Cattle Co. v. Tri-State G. & T. Assn., Inc., 191 Neb. 663, 217 N.W.2d 184 (1974). Party appealing must file notice of appeal within thirty days of the filing of award and serve copy of same upon all parties bound by the award or their attorneys of record. Neumeyer v. Omaha Public Power Dist., 188 Neb. 516, 198 N.W.2d 80 (1972). Party appealing from an award of appraisers in eminent domain proceeding must file notice of appeal within thirty days. Radil v. State, 182 Neb. 291, 154 N.W.2d 466 (1967). Timely filing of the affidavit of mailing notice is required. Wooden v. County of Douglas, 16 Neb. App. 336, 744 N.W.2d 262 (2008). Notice was satisfied when the address used was correct but included the wrong office designation and no evidence showed notice was not received. City of Lincoln v. MJM, Inc., 9 Neb. App. 715, 618 N.W.2d 710 (2000).
NE Code § 76-716 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-716 - Appeal; bond; conditions.

76-716.  Appeal; bond; conditions.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 delays, and (2) that if judgment be rendered against appellant on the appeal, the appellant will satisfy whatever judgment may be rendered against him.Source  Laws 1951, c. 101, § 16, p. 456. Annotations  Case involving this section held inapplicable in matter dealing with failure to mail copies of published notice in probate. Fischer v. Lingle, 195 Neb. 108, 237 N.W.2d 110 (1975). The execution and approval of undertaking required hereby is directory only and cited cases to the contrary are overruled. Neumeyer v. Omaha Public Power Dist., 188 Neb. 516, 198 N.W.2d 80 (1972). Party appealing from award of appraisers in eminent domain proceeding is required to enter into specified undertaking. Radil v. State, 182 Neb. 291, 154 N.W.2d 466 (1967). Party taking cross-appeal must file an appeal bond. Gebhart v. Tri-State Generation & Transmission Assn., 181 Neb. 457, 149 N.W.2d 41 (1967). This section provides the procedure upon appeal for determination of value of improvements on school land upon expiration of lease. O'Neil v. Haarberg, 179 Neb. 531, 139 N.W.2d 217 (1966). Defective appeal bond which was filed in time conferred jurisdiction and was subject to amendment. Jacobitz v. Bussinger, 179 Neb. 524, 138 N.W.2d 839 (1965). Not applicable to appeals taken before act became effective. Rath v. Sanitary District No. One, 156 Neb. 444, 56 N.W.2d 741 (1953).
NE Code § 76-718 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-718 - Judgment on appeal; certified copy sent to county judge.

76-718.  Judgment on appeal; certified copy sent to county judge.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.Source   Laws 1951, c. 101, § 18, p. 456;  Laws 2000, LB 921, § 36.  Annotations Clerk of district court is required to certify and transmit to county judge a certified copy of final judgment rendered on appeal. Blecha v. School Dist. of Hebron, 173 Neb. 183, 112 N.W.2d 783 (1962).
NE Code § 76-719 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-719 - Appeal from district court; procedure; money on deposit; disposition.

76-719.  Appeal from district court; procedure; money on deposit; disposition.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 the condemner shall remain in the hands of the county judge until a final judgment is rendered except as provided in section 76-719.01.Source   Laws 1951, c. 101, § 19, p. 456;   Laws 1959, c. 351, § 3, p. 1241;   Laws 1991, LB 732, § 137.
NE Code § 76-720.01 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-720.01 - Appeal; allowance of fees and costs; applicable to pending cases.

76-720.01.  Appeal; allowance of fees and costs; applicable to pending cases.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.Source  Laws 1963, c. 432, § 3, p. 1449.
NE Code § 76-721 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-721 - Joinder of causes of action on appeal.

76-721.  Joinder of causes of action on appeal.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 such property.Source  Laws 1951, c. 101, § 21, p. 457.
NE Code § 76-723 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-723 - Appraisers; fees; appeal; costs; mileage.

76-723.  Appraisers; fees; appeal; costs; mileage.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 actually employed in attendance on the board of appraisers. The condemner may appeal from the allowance of any fee so fixed to the district court. Such an appeal shall be filed apart from and shall be considered separately and independently from the rights between the condemnee and condemner. All costs of the first appraisement shall be paid by the condemner. In addition, the appraiser shall receive mileage at the rate provided in section 81-1176 for each mile necessarily traveled.Source   Laws 1951, c. 101, § 23, p. 457;   Laws 1961, c. 371, § 1, p. 1146;   Laws 1963, c. 431, § 2, p. 1447;   Laws 1987, LB 601, § 8;   Laws 1991, LB 303, § 1;  Laws 1999, LB 102, § 1;  Laws 2018, LB193, § 90.  Annotations Appraisers' fees and court costs, payable by the condemner, are not "liabilities created by statute" within the meaning of section 25-206, R.R.S.1943. Krambeck v. City of Gretna, 198 Neb. 608, 254 N.W.2d 691 (1977).
NE Code § 76-724 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-724 - Property of minor, mentally incompetent person, married person whose spouse is under guardianship or conservatorship; authority of guardian or conservator.

76-724.  Property of minor, mentally incompetent person, married person whose spouse is under guardianship or conservatorship; authority of guardian or conservator.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 conservatorship, or any persons under conservatorship, the guardian of such minor or mentally incompetent person, such married person with the guardian of such spouse, the conservator of such persons, or any married person with the conservator of such spouse may execute deeds or other instruments for the conveyance of any lands, real or personal property, or any interests therein of such minors, mentally incompetent persons under guardianship, or such persons under conservatorship to the condemner for public purposes upon payment of just compensation by the condemner or, in the event of condemnation, may agree and settle with the condemner for all damages or claims by reason of the taking of the property and may give valid releases and discharges therefor.Source   Laws 1951, c. 101, § 24, p. 457;   Laws 1967, c. 482, § 2, p. 1494;   Laws 1986, LB 1177, § 32.
NE Code § 76-725 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-725 - State; lands necessary for state use; right of eminent domain; procedure.

76-725.  State; lands necessary for state use; right of eminent domain; procedure.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.Source   Laws 1913, c. 9, § 1, p. 69;   R.S.1913, § 7389;   Laws 1921, c. 264, § 1, p. 883;   C.S.1922, § 7064;   C.S.1929, § 83-1601;   R.S.1943, § 83-601;   Laws 1951, c. 101, § 121, p. 504;   R.R.S.1943, § 83-601.  Annotations A mortgagee is a necessary party in an action to condemn real estate for public use of the state. Northwestern Mutual Life Ins. Co. v. Nordhues, 129 Neb. 379, 261 N.W. 687 (1935).
NE Code § 76-801 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-801 - Act, how cited.

76-801.  Act, how cited.Sections 76-801 to 76-823 shall be known as the Condominium Property Act.Source  Laws 1963, c. 429, § 1, p. 1435.
NE Code § 76-803 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-803 - Condominium property regime; established.

76-803.  Condominium property regime; established.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 shall thereby be established a condominium property regime.Source   Laws 1963, c. 429, § 3, p. 1437;   Laws 1974, LB 730, § 2.
NE Code § 76-804 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-804 - Condominium property regime; effect of establishment.

76-804.  Condominium property regime; effect of establishment.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 and entirely independent of the other apartments in the regime of which it forms a part, and the corresponding individual titles and interests shall be recordable as provided in section 76-211, except that the use and enjoyment of each apartment shall be subject to the following rules:(1) Each apartment shall be devoted solely to the use assigned to it in the deed to which section 76-803 refers;(2) No tenant of an apartment may make any noise or cause any annoyance or do any act that may disturb the peace of the other co-owners or tenants;(3) The apartments shall not be used for purposes contrary to law, morals, or normal behavior;(4) Each co-owner shall carry out at his or her sole expense any works of modification, repair, cleaning, safety, and improvement of his or her apartment, without disturbing the legal use and enjoyment of the rights of the other co-owners, or changing the exterior form of the facades, or painting the exterior walls, doors, or windows in colors or hues different from those of the whole, and without jeopardizing the soundness or safety of the property, reduce its value, or impair any easement or access to or use of common elements; and(5) Every co-owner or tenant shall strictly comply with the administration provisions set forth in the deed or in the bylaws referred to in section 76-815. Violations of these rules shall be grounds for an action for damages or grounds for an action for injunctive relief by the co-owner or tenant aggrieved.For condominiums created in this state before January 1, 1984, the provisions on resale of apartments or units, violations which effect a right of action, and separate titles for each apartment or unit in sections 76-829, 76-884, and 76-891.01 shall apply to the extent necessary in construing the provisions of sections 76-827, 76-829 to 76-831, 76-840, 76-841, 76-869, 76-874, 76-876, 76-884, and 76-891.01, and subdivisions (a)(1) to (a)(6) and (a)(11) to (a)(16) of section 76-860 which apply to events and circumstances which occur after January 1, 1984.Source   Laws 1963, c. 429, § 4, p. 1437;   Laws 1974, LB 730, § 3;   Laws 1983, LB 433, § 73;   Laws 1993, LB 478, § 2.
NE Code § 76-805 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-805 - Apartment; form of ownership.

76-805.  Apartment; form of ownership.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.Source  Laws 1963, c. 429, § 5, p. 1438.
NE Code § 76-806 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-806 - Apartment; ownership rights; value; computation.

76-806.  Apartment; ownership rights; value; computation.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 value of the whole property. This percentage shall be computed by taking as a basis the value of the individual apartment in relation to the value of the property as a whole.Such percentage shall be expressed at the time the condominium property regime is constituted, shall have a permanent character, and shall not be altered without the acquiescence of the co-owners representing all the apartments of the regime, except as provided in section 76-812.01.The said basic value, which shall be fixed for the sole purpose of sections 76-801 to 76-823 and irrespectively of the actual value, shall not prevent each co-owner from fixing a different circumstantial value to his apartment in all types of acts and contracts.Source   Laws 1963, c. 429, § 6, p. 1438;   Laws 1974, LB 730, § 4.
NE Code § 76-807 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-807 - Common elements; not subject to partition or liens; treatment; rules against perpetuities and unreasonable restraints on alienation; not applicable.

76-807.  Common elements; not subject to partition or liens; treatment; rules against perpetuities and unreasonable restraints on alienation; not applicable.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 restricting unreasonable restraints on alienation shall not be applied to defeat any of the provisions of the Condominium Property Act or the bylaws of the association of co-owners adopted pursuant to the provisions of such act. The common elements, both general and limited, shall not, in whole or in part, be separately conveyed, mortgaged, or foreclosed nor may liens of any description be applicable to such elements, or parts of such elements, alone. A valid lien for authorized labor and materials shall lie against the apartment of any co-owner affected but not against the common elements. For condominiums created in this state before January 1, 1984, the construction and validity of the master deed and bylaws provided in section 76-840 shall apply to the extent necessary in construing the provisions of sections 76-827, 76-829 to 76-831, 76-840, 76-841, 76-869, 76-874, 76-876, 76-884, and 76-891.01, and subdivisions (a)(1) to (a)(6) and (a)(11) to (a)(16) of section 76-860 which apply to events and circumstances which occur after January 1, 1984.Source   Laws 1963, c. 429, § 7, p. 1439;   Laws 1974, LB 730, § 5;   Laws 1983, LB 433, § 74;   Laws 1993, LB 478, § 3.
NE Code § 76-808 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-808 - Co-owner; use of common elements; responsibility for maintenance, repair, and replacement.

76-808.  Co-owner; use of common elements; responsibility for maintenance, repair, and replacement.(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 body governing the condominium, is responsible for maintenance, repair, and replacement of the common elements. Each co-owner of an apartment is responsible for maintenance, repair, and replacement of such co-owner's apartment.Source   Laws 1963, c. 429, § 8, p. 1439;  Laws 2019, LB42, § 1.
NE Code § 76-809 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-809 - Master deed; contents; execution; recording.

76-809.  Master deed; contents; execution; recording.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 express the following particulars:(1) The description of the land or leasehold interest in land and any building, expressing their respective areas;(2) The general description and number of each apartment, expressing its area and location and any other data necessary for its identification;(3) The description of the general common elements of the building, and, in proper cases, of the limited common elements restricted to a given number of apartments, expressing which are those apartments;(4) Value of the property and of each apartment and, according to these basic values, the percentage appertaining to the co-owners in the expenses, including taxes, of and rights in the elements held in common; and(5) The covenants, conditions, and restrictions relating to the regime, which shall run with the property and bind all co-owners, tenants of such owners, employees, and any other persons who use the property, including the persons who acquire the interest of any co-owner through foreclosure, enforcement of any lien, or otherwise. The master deed creating and establishing or amending the condominium property regime shall not be construed as constituting the subdivision of real estate as defined by law, resolution, or ordinance. For condominiums created in this state before January 1, 1984, the applicability of local ordinances, regulations, and building codes provided in section 76-830 shall apply to the extent necessary in construing the provisions of sections 76-827, 76-829 to 76-831, 76-840, 76-841, 76-869, 76-874, 76-876, 76-884, and 76-891.01, and subdivisions (a)(1) to (a)(6) and (a)(11) to (a)(16) of section 76-860 which apply to events and circumstances which occur after January 1, 1984.Source   Laws 1963, c. 429, § 9, p. 1439;   Laws 1974, LB 730, § 6;   Laws 1983, LB 433, § 75;   Laws 1993, LB 478, § 4.