reglab/housing_qa huggingface dataset:
NE Code § 76-2,112 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-2,112 - Easement; creation; approval by governing body; when required.

76-2,112.  Easement; creation; approval by governing body; when required.(1) A conservation or preservation easement shall be an interest in real property, created by an instrument in which the purpose for the easement is clearly stated. The instrument shall be filed, duly recorded, and indexed in the office of the register of deeds of the county in which the real property subject to the conservation or preservation easement is located.(2) No conveyance of a conservation or preservation easement shall be effective until accepted by the holder.(3) In order to minimize conflicts with land-use planning, each conservation or preservation easement shall be approved by the appropriate governing body. Such approving body shall first refer the proposed acquisition to and receive comments from the local planning commission with jurisdiction over such property, which shall within sixty days of the referral provide such comments regarding the conformity of the proposed acquisition to comprehensive planning for the area. If such comments are not received within sixty days, the proposed acquisition shall be deemed approved by the local planning commission. If the property is located partially or entirely within the boundaries or zoning jurisdiction of a city or village, approval of the governing body of such city or village shall be required. If such property is located entirely outside the boundaries and zoning jurisdiction of any city or village, approval of the county board shall be required. If the property is located in the Niobrara scenic river corridor as defined in section 72-2006 and is not incorporated within the boundaries of a city or village, the Niobrara Council approval rather than city, village, or county approval shall be required. Approval of a proposed acquisition may be denied upon a finding by the appropriate governing body that the acquisition is not in the public interest when the easement is inconsistent with (a) a comprehensive plan for the area which had been officially adopted and was in force at the time of the conveyance, (b) any national, state, regional, or local program furthering conservation or preservation, or (c) any known proposal by a governmental body for use of the land.(4) Notwithstanding the provisions of subsection (3) of this section, the state, or any state agency or political subdivision other than a city, village, or county, may accept an easement after first referring the proposed acquisition to and receiving comments from the local planning commission with jurisdiction over the property, which shall within sixty days of the referral provide such comments regarding the conformity of the proposed acquisition to comprehensive planning for the area. If such comments are not received within sixty days, the proposed acquisition shall be deemed approved by the local planning commission.Source   Laws 1981, LB 173, § 2;  Laws 2000, LB 1234, § 12.
NE Code § 76-2,113 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-2,113 - Easement; release or transfer.

76-2,113.  Easement; release or transfer.(1) A conservation or preservation easement may be released by the holder of the easement to the owner of the servient estate, except that such release shall be approved by the governing body which approved the easement, or if the holder is the state, a state agency, or political subdivision other than a city, village, or county, the release shall be approved by the state or such state agency or political subdivision. The release of an easement may be approved upon a finding by such body that the easement no longer substantially achieves the conservation or preservation purpose for which it was created.(2) A conservation or preservation easement may be assigned or transferred to any governmental body or charitable corporation or trust authorized to secure such easement pursuant to sections 76-2,111 to 76-2,118.Source  Laws 1981, LB 173, § 3.
NE Code § 76-2,114 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-2,114 - Easement; judicial modification or termination.

76-2,114.  Easement; judicial modification or termination.Unless a conservation or preservation easement is otherwise modified or terminated according to the terms of the easement or the provisions of sections 76-2,111 to 76-2,118, the owner of the subject real property or the holder of the easement may petition the district court in which the greater part of the servient estate is located for modification or termination of the easement. The court may modify or terminate the easement pursuant to this section only if the petitioner establishes that it is no longer in the public interest to hold the easement or that the easement no longer substantially achieves the conservation or preservation purpose for which it was created. No comparative economic test shall be used to determine whether the public interest or the conservation or preservation purpose of the easement is still being served. No modification shall be permitted which is in excess of that reasonably necessary to remedy the deficiency of the easement.Source  Laws 1981, LB 173, § 4.
NE Code § 76-2,115 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-2,115 - Easement; enforceability; duration.

76-2,115.  Easement; enforceability; duration.No duly recorded conservation or preservation easement shall be unenforceable for lack of privity of estate or of contract, for lack of benefit to a dominant estate, or on account of the easement being assignable. A conservation or preservation easement shall run with the land and shall be perpetual unless otherwise stated in the instrument creating it. A conservation or preservation easement may be enforced by proceedings at law or in equity.Source  Laws 1981, LB 173, § 5.
NE Code § 76-2,116 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-2,116 - Property subject to easement; how assessed.

76-2,116.  Property subject to easement; how assessed.Real property subject to a conservation or preservation easement shall be assessed with due regard to the restricted uses to which the property may be devoted. The conservation or preservation easement in the hands of the holder shall be subject to assessment, taxation, or exemption from taxation in accordance with general laws applicable to assessment and taxation of interests in real property.Source  Laws 1981, LB 173, § 6.
NE Code § 76-2,117 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-2,117 - Sections; effect on other rights and powers.

76-2,117.  Sections; effect on other rights and powers.(1) The provisions of sections 76-2,111 to 76-2,118 do not render invalid or unenforceable any otherwise valid restriction, easement, covenant, or condition whether created before or after the enactment of sections 76-2,111 to 76-2,118.(2) Nothing in sections 76-2,111 to 76-2,118 shall diminish the powers granted in any other law to acquire by purchase, gift, grant, eminent domain, or otherwise and to use interests in real property for public purposes.(3) If property subject to a conservation or preservation easement is condemned for public use, that part of the easement which conflicts with the condemnation shall terminate as of the time of the condemnation. If the easement was obtained by gift or devise the owner shall be entitled to such compensation for the taking as if the property had not been subject to the easement and if the easement was obtained by purchase or exchange, the holder shall be entitled to just compensation for the taking of the easement.(4) An entity having the power of eminent domain may, through agreement with the owner of the servient estate and the holder of the conservation or preservation easement, acquire an easement over the land for the purpose of providing utility services.Source  Laws 1981, LB 173, § 7.
NE Code § 76-2,118 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-2,118 - Act, how cited.

76-2,118.  Act, how cited.Sections 76-2,111 to 76-2,118 shall be known and may be cited as the Conservation and Preservation Easements Act.Source  Laws 1981, LB 173, § 8.
NE Code § 76-2,119 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-2,119 - Notation on deed; required.

76-2,119.  Notation on deed; required.A permanent notation shall be made on the deed of any property where a solid waste disposal area or solid waste processing facility is sited. The notation shall indicate the name and address of the agency where records of operations of the area or facility are maintained and where copies of such records may be obtained.Source  Laws 1991, LB 813, § 15. Cross References  For definitions, see section 13-1701.
NE Code § 76-2,121 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-2,121 - Real estate closing agents; terms, defined.

76-2,121.  Real estate closing agents; terms, defined.For purposes of sections 76-2,121 to 76-2,123:(1) Federally insured financial institution shall mean an institution in which the monetary deposits are insured by the Federal Deposit Insurance Corporation or National Credit Union Administration;(2) Good funds shall mean: (a) Lawful money of the United States; (b) wired funds when unconditionally held by the real estate closing agent or employee; (c) cashier's checks, certified checks, bank money orders, or teller's checks issued by a federally insured financial institution and unconditionally held by the real estate closing agent or employee; or (d) United States treasury checks, federal reserve bank checks, federal home loan bank checks, State of Nebraska warrants, and warrants of a city of the metropolitan or primary class;(3) Real estate closing agent shall mean a person who collects and disburses funds on behalf of another in closing a real estate transaction but shall not include a seller or buyer closing a real estate transaction on his or her own behalf or a lender closing a real estate loan transaction; and(4) Regulating entity shall mean the:(a) Department of Insurance;(b) Supreme Court;(c) State Real Estate Commission;(d) Department of Banking and Finance;(e) Federal Deposit Insurance Corporation;(f) Office of the Comptroller of the Currency;(g) Consumer Financial Protection Bureau;(h) Federal Farm Credit Administration; or(i) National Credit Union Administration.Source   Laws 1994, LB 1275, § 1;  Laws 1999, LB 248, § 1;  Laws 2019, LB258, § 16.
NE Code § 76-2,122 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-2,122 - Real estate closing agents; requirements; exemptions; enforcement; violation; penalty.

76-2,122.  Real estate closing agents; requirements; exemptions; enforcement; violation; penalty.(1) To act as a real estate closing agent, a person shall be (a) licensed or regulated by one or more regulating entities or (b) employed by a person or entity regulated by one or more regulating entities, unless employing such person to act as a real estate closing agent is otherwise prohibited by statute, rule, or regulation.(2) A person acting as a real estate closing agent shall:(a) Have received good funds which are available for disbursement at the time of closing a real estate transaction, except that up to five hundred dollars need not be available for disbursement from good funds;(b) Except as provided in section 81-885.21, deposit all funds received on behalf of another person in a trust account controlled by the real estate closing agent in a federally insured financial institution, except that up to five hundred dollars may be paid by one party directly to another party without first being deposited in a trust account controlled by the real estate closing agent; and(c) Except as provided in section 81-885.21, disburse closing funds only from the real estate closing agent's trust account in a federally insured financial institution in the form of good funds or in the form of a check drawn from the real estate closing agent's trust account.(3) The following real estate transactions are exempt from this section:(a) Transactions with a political subdivision which is exercising its power of condemnation or eminent domain;(b) Lease or rental transactions; and(c) Real estate transactions in which the closing occurs within one business day following another real estate closing and in which one party is a principal to both transactions, but only to the extent that the funds disbursed in the subsequent transaction are drawn upon funds properly received by a real estate closing agent in the prior transaction which were deposited in that real estate closing agent's trust account in a federally insured financial institution or as otherwise provided in section 81-885.21.(4) The Attorney General or any county attorney may act to enjoin the performance of real estate closings which violate this section.(5) A person acting as a real estate closing agent in violation of this section shall be guilty of a Class V misdemeanor.Source   Laws 1994, LB 1275, § 2;   Laws 1995, LB 774, § 1.  Cross References  Nebraska Real Estate License Act, see section 81-885.
NE Code § 76-2,123 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-2,123 - Real estate closing agents; regulating entities; rules and regulations.

76-2,123.  Real estate closing agents; regulating entities; rules and regulations.Each state regulating entity may adopt and promulgate rules and regulations and issue such orders as are necessary or desirable to carry out section 76-2,122. Each regulating entity may inspect, examine, and audit the books and records of real estate closing agents under its jurisdiction who conduct real estate closings. The regulating entity may require reimbursement from the real estate closing agent for the expenses of such inspection, examination, or audit.Source   Laws 1994, LB 1275, § 3;  Laws 2003, LB 217, § 46.
NE Code § 76-2,124 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-2,124 - Water resources update notice; Department of Natural Resources; powers and duties.

76-2,124.  Water resources update notice; Department of Natural Resources; powers and duties.(1) Any person transferring ownership of real property not inside the corporate limits of a municipality shall complete and provide to the transferee, at or before the closing of the transfer, a water resources update notice acknowledging (a) whether any surface water rights issued pursuant to Chapter 46, article 2, and in the name of any party other than an irrigation district, public power and irrigation district, or mutual irrigation company are attached to the real property, ownership of which is being transferred, and (b) whether there are any water wells, except water wells used solely for domestic purposes and constructed prior to September 9, 1993, on the real property, ownership of which is being transferred. If the water resources update notice discloses the existence of such surface water rights or such water wells, the transferee shall complete the water resources update notice and shall file it with the Department of Natural Resources within sixty days after recording the deed or other instrument by which the transfer of ownership of real property is made. The department shall use such notice to update ownership of surface water rights and water well registrations as required by sections 46-230 and 46-602.(2) The department shall prescribe the form and content of the water resources update notice and shall make such forms available to title insurance companies and other persons as deemed appropriate by the department. The requirement that a water resources update notice be filed with the department or the failure to file such a notice does not affect the recording, legality, or sufficiency of a deed or other instrument evidencing the transfer of ownership of real property.(3) The department shall not collect a fee for the filing of the water resources update notices.Source  Laws 2001, LB 667, § 27;  Laws 2002, LB 458, § 9.
NE Code § 76-2,125 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-2,125 - Master form instrument; use.

76-2,125.  Master form instrument; use.A real estate mortgage or trust deed may be recorded and constructive notice of the same and the contents thereof given in the following manner:(1) An instrument which is a master form instrument for mortgages or trust deeds containing a form or forms of covenants, conditions, obligations, powers, and other clauses of a mortgage or trust deed may be recorded in the office of the register of deeds of any county. The register of deeds of such county, upon the request of any person and the payment of the required fees, shall record such instrument. Every such instrument shall be entitled on the face thereof as a "Master form recorded by ...... (name of person causing the instrument to be recorded)". Such instrument need not be acknowledged to be recorded;(2) When a master form instrument is recorded, the register of deeds shall index such instrument under the name of the person causing it to be recorded in the manner provided for miscellaneous instruments relating to real estate;(3) Thereafter any of the provisions of the master form instrument may be incorporated by reference in any mortgage or trust deed for real estate situated within this state, if such reference in the mortgage or trust deed states that the master form instrument was recorded in the county in which the mortgage or trust deed is offered for record, the date when and the book and page or pages or recording number where such master form instrument was recorded, and that a copy of such master form instrument was furnished to the person executing the mortgage or trust deed. The recording of any mortgage or trust deed which has incorporated by reference any of the provisions of a master form instrument recorded as provided in this section shall have like effect as if such provisions of the master form so incorporated by reference had been fully set forth in the mortgage or trust deed; and(4) Whenever a mortgage or trust deed is presented for recording on which is set forth matter purporting to be a copy or reproduction of the master form instrument or of part thereof, identified by its title as provided in subdivision (1) of this section and stating the date when it was recorded and the book and page or pages or recording number where it was recorded preceded by the words "do not record" or "not to be recorded" and plainly separated from the matter to be recorded as a part of the mortgage or trust deed in such manner that it will not appear upon a photographic reproduction of any page containing any part of the mortgage or trust deed, such matter shall not be recorded by the register of deeds to whom the instrument is presented for recording. In such case the register of deeds shall record only the mortgage or trust deed apart from such matter and shall not be liable for so doing, any other provisions of law to the contrary notwithstanding.Source Laws 2001, LB 84, § 1.
NE Code § 76-2,126 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-2,126 - Certain conveyances; filing of death certificate and attached cover sheet with register of deeds.

76-2,126.  Certain conveyances; filing of death certificate and attached cover sheet with register of deeds.If a conveyance of real estate was pursuant to (1) a transfer on death deed due to the death of the transferor or the death of a surviving joint tenant of the transferor, (2) a joint tenancy deed due to the death of a joint tenant, or (3) the expiration of a life estate, then a death certificate shall be filed with the register of deeds to document the transfer of title to the beneficiary of the transfer on death deed, to the surviving joint tenant or joint tenants, or to the holder of an interest in real estate which receives that interest as a result of the death of a life tenant. If the conveyance of real estate was pursuant to a transfer on death deed, a cover sheet indicating the title of the document, the previously recorded document data, and the grantor, surviving grantee, and legal description of the property being transferred shall be attached to the death certificate and recorded.Source  Laws 2012, LB536, § 31;  Laws 2013, LB345, § 1;  Laws 2014, LB780, § 2.
NE Code § 76-2,127 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-2,127 - Short title.

76-2,127.  Short title.Sections 76-2,127 to 76-2,140 shall be known and may be cited as the Uniform Easement Relocation Act.Source  Laws 2021, LB501, § 64.   Effective Date: August 28, 2021
NE Code § 76-2,129 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-2,129 - Scope; exclusions.

76-2,129.  Scope; exclusions.(a) Except as otherwise provided in subsection (b) of this section, the Uniform Easement Relocation Act applies to an easement established by express grant or reservation or by prescription, implication, necessity, estoppel, or other method.(b) The Uniform Easement Relocation Act may not be used to relocate:(1) a public utility easement, conservation easement, or negative easement;(2) an easement or right-of-way held by a public power and irrigation district, irrigation district, reclamation district, or canal company; or(3) an easement if the proposed location would encroach on an area of an estate burdened by a conservation easement or would interfere with the use or enjoyment of a public utility easement or an easement appurtenant to a conservation easement.(c) The Uniform Easement Relocation Act does not apply to relocation of an easement by consent.Source  Laws 2021, LB501, § 66.   Effective Date: August 28, 2021
NE Code § 76-2,130 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-2,130 - Right of servient estate owner to relocate easement.

76-2,130.  Right of servient estate owner to relocate easement.A servient estate owner may relocate an easement under the Uniform Easement Relocation Act only if the relocation does not materially:(1) lessen the utility of the easement;(2) after the relocation, increase the burden on the easement holder in its reasonable use and enjoyment of the easement;(3) impair an affirmative, easement-related purpose for which the easement was created;(4) during or after the relocation, impair the safety of the easement holder or another entitled to use and enjoy the easement;(5) during the relocation, disrupt the use and enjoyment of the easement by the easement holder or another entitled to use and enjoy the easement, unless the servient estate owner substantially mitigates the duration and nature of the disruption;(6) impair the physical condition, use, or value of the dominant estate or improvements on the dominant estate; or(7) impair the value of the collateral of a security interest holder of record in the servient estate or dominant estate, impair a real property interest of a lessee of record in the dominant estate, or impair a recorded real property interest of any other person in the servient estate or dominant estate.Source  Laws 2021, LB501, § 67.   Effective Date: August 28, 2021