reglab/housing_qa huggingface dataset:
NE Code § 76-2,131 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-2,131 - Commencement of civil action.

76-2,131.  Commencement of civil action.(a) To obtain an order to relocate an easement under the Uniform Easement Relocation Act, a servient estate owner must commence a civil action.(b) A servient estate owner that commences a civil action under subsection (a) of this section:(1) shall serve a summons and complaint on:(A) the easement holder whose easement is the subject of the relocation;(B) a security interest holder of record of an interest in the servient estate or dominant estate;(C) a lessee of record of an interest in the dominant estate; and(D) except as otherwise provided in subdivision (2) of this subsection, any other owner of a recorded real property interest if the relocation would encroach on an area of the servient estate or dominant estate burdened by the interest; and(2) is not required to serve a summons and complaint on the owner of a recorded real property interest in oil, gas, or minerals unless the interest includes an easement to facilitate oil, gas, or mineral development.(c) A complaint under this section must state:(1) the intent of the servient estate owner to seek the relocation;(2) the nature, extent, and anticipated dates of commencement and completion of the proposed relocation;(3) the current and proposed locations of the easement;(4) the reason the easement is eligible for relocation under section 76-2,129;(5) the reason the proposed relocation satisfies the conditions for relocation under section 76-2,130; and(6) that the servient estate owner has made a reasonable attempt to notify the holders of any public utility easement, conservation easement, or negative easement on the servient estate or dominant estate of the proposed relocation.(d) At any time before the court renders a final order in an action under subsection (a) of this section, a person served under subdivision (b)(1)(B), (C), or (D) of this section may file a document, in recordable form, that waives its rights to contest or obtain relief in connection with the relocation or subordinates its interests to the relocation. On filing of the document, the court may order that the person is not required to answer or participate further in the action.Source  Laws 2021, LB501, § 68.   Effective Date: August 28, 2021
NE Code § 76-2,132 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-2,132 - Required findings; order.

76-2,132.  Required findings; order.(a) The court may not approve relocation of an easement under the Uniform Easement Relocation Act unless the servient estate owner:(1) establishes that the easement is eligible for relocation under section 76-2,129; and(2) satisfies the conditions for relocation under section 76-2,130.(b) An order under the Uniform Easement Relocation Act approving relocation of an easement must:(1) state that the order is issued in accordance with the Uniform Easement Relocation Act;(2) recite the recording data of the instrument creating the easement, if any, any amendments, and any notice as described under sections 76-288 to 76-298;(3) identify the immediately preceding location of the easement;(4) describe in a legally sufficient manner the new location of the easement;(5) describe mitigation required of the servient estate owner during relocation;(6) refer in detail to the plans and specifications of improvements necessary for the easement holder to enter, use, and enjoy the easement in the new location;(7) specify conditions to be satisfied by the servient estate owner to relocate the easement and construct improvements necessary for the easement holder to enter, use, and enjoy the easement in the new location;(8) include a provision for payment by the servient estate owner of expenses under section 76-2,133;(9) include a provision for compliance by the parties with the obligation of good faith under section 76-2,134; and(10) instruct the servient estate owner to record an affidavit, if required under subsection (a) of section 76-2,135, when the servient estate owner substantially completes relocation.(c) An order under subsection (b) of this section may include any other provision consistent with the Uniform Easement Relocation Act for the fair and equitable relocation of the easement.(d) Before a servient estate owner proceeds with relocation of an easement under the Uniform Easement Relocation Act, the owner must record, in the land records of each jurisdiction where the servient estate is located, a certified copy of the order under subsection (b) of this section.Source  Laws 2021, LB501, § 69.   Effective Date: August 28, 2021
NE Code § 76-2,133 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-2,133 - Expenses of relocation.

76-2,133.  Expenses of relocation.A servient estate owner is responsible for reasonable expenses of relocation of an easement under the Uniform Easement Relocation Act, including the expense of:(1) constructing improvements on the servient estate or dominant estate in accordance with an order under section 76-2,132;(2) during the relocation, mitigating disruption in the use and enjoyment of the easement by the easement holder or another person entitled to use and enjoy the easement;(3) obtaining a governmental approval or permit to relocate the easement and construct necessary improvements;(4) preparing and recording the certified copy required by subsection (d) of section 76-2,132 and any other document required to be recorded;(5) any title work required to complete the relocation or required by a party to the civil action as a result of the relocation;(6) applicable premiums for title insurance related to the relocation;(7) any expert necessary to review plans and specifications for an improvement to be constructed in the relocated easement or on the dominant estate and to confirm compliance with the plans and specifications referred to in the order under subdivision (b)(6) of section 76-2,132;(8) payment of any maintenance cost associated with the relocated easement which is greater than the maintenance cost associated with the easement before relocation; and(9) obtaining any third-party consent required to relocate the easement.Source  Laws 2021, LB501, § 70.   Effective Date: August 28, 2021
NE Code § 76-2,134 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-2,134 - Duty to act in good faith.

76-2,134.  Duty to act in good faith.After the court, under section 76-2,132, approves relocation of an easement and the servient estate owner commences the relocation, the servient estate owner, the easement holder, and other parties in the civil action shall act in good faith to facilitate the relocation in compliance with the Uniform Easement Relocation Act.Source  Laws 2021, LB501, § 71.   Effective Date: August 28, 2021
NE Code § 76-2,135 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-2,135 - Relocation affidavit.

76-2,135.  Relocation affidavit.(a) If an order under section 76-2,132 requires the construction of an improvement as a condition for relocation of an easement, relocation is substantially complete, and the easement holder is able to enter, use, and enjoy the easement in the new location, the servient estate owner shall:(1) record, in the land records of each jurisdiction where the servient estate is located, an affidavit certifying that the easement has been relocated; and(2) send, by certified mail, a copy of the recorded affidavit to the easement holder and parties to the civil action.(b) Until an affidavit under subsection (a) of this section is recorded and sent, the easement holder may enter, use, and enjoy the easement in the current location, subject to the court's order under section 76-2,132 approving relocation.(c) If an order under section 76-2,132 does not require an improvement to be constructed as a condition of the relocation, recording the order under subsection (d) of section 76-2,132 constitutes relocation.Source  Laws 2021, LB501, § 72.   Effective Date: August 28, 2021
NE Code § 76-2,136 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-2,136 - Limited effect of relocation.

76-2,136.  Limited effect of relocation.(a) Relocation of an easement under the Uniform Easement Relocation Act:(1) is not a new transfer or a new grant of an interest in the servient estate or the dominant estate;(2) is not a breach or default of, and does not trigger, a due-on-sale clause or other transfer-restriction clause under a security instrument, except as otherwise determined by a court under law other than the Uniform Easement Relocation Act;(3) is not a breach or default of a lease, except as otherwise determined by a court under law other than the Uniform Easement Relocation Act;(4) is not a breach or default by the servient estate owner of a recorded document affected by the relocation, except as otherwise determined by a court under law other than the Uniform Easement Relocation Act;(5) does not affect the priority of the easement with respect to other recorded real property interests burdening the area of the servient estate where the easement was located before the relocation; and(6) is not a fraudulent conveyance or voidable transaction under law.(b) The Uniform Easement Relocation Act does not affect any other method of relocating an easement permitted under law of this state other than the Uniform Easement Relocation Act.Source  Laws 2021, LB501, § 73.   Effective Date: August 28, 2021
NE Code § 76-2,137 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-2,137 - Nonwaiver.

76-2,137.  Nonwaiver.The right of a servient estate owner to relocate an easement under the Uniform Easement Relocation Act may not be waived, excluded, or restricted by agreement even if:(1) the instrument creating the easement prohibits relocation or contains a waiver, exclusion, or restriction of the Uniform Easement Relocation Act;(2) the instrument creating the easement requires consent of the easement holder to amend the terms of the easement; or(3) the location of the easement is fixed by the instrument creating the easement, another agreement, previous conduct, acquiescence, estoppel, or implication.Source  Laws 2021, LB501, § 74.   Effective Date: August 28, 2021
NE Code § 76-2,138 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-2,138 - Uniformity of application and construction.

76-2,138.  Uniformity of application and construction.In applying and construing the Uniform Easement Relocation Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.Source  Laws 2021, LB501, § 75.   Effective Date: August 28, 2021
NE Code § 76-2,139 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-2,139 - Relation to Electronic Signatures in Global and National Commerce Act.

76-2,139.  Relation to Electronic Signatures in Global and National Commerce Act.The Uniform Easement Relocation Act modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. 7003(b).Source  Laws 2021, LB501, § 76.   Effective Date: August 28, 2021
NE Code § 76-2,140 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-2,140 - Act; applicability.

76-2,140.  Act; applicability.The Uniform Easement Relocation Act applies to an easement created before, on, or after August 28, 2021.Source  Laws 2021, LB501, § 77.   Effective Date: August 28, 2021
NE Code § 76-302 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-302 - Occupant or claimant, defined; taxes paid, how proved.

76-302.  Occupant or claimant, defined; taxes paid, how proved.Any person in possession of or claiming any real estate under a certificate of entry or under the homestead or preemption laws of the United States, as well as the persons enumerated in section 76-301, shall be considered as having sufficient title to demand the value of improvements, and to demand the amount of all taxes and assessments paid by such claimant or those under whom he claims, under the provisions of such section. The tax certificates and the tax receipts of the county treasurer, for the purposes of this section and section 76-301, shall be conclusive evidence of the assessments, levy and payment of the taxes on such real estate, for the purpose of ascertaining the amount of the taxes paid by such occupant or claimant.Source   Laws 1883, c. 59, § 2, p. 250;   R.S.1913, § 6256;   C.S.1922, § 5666;   C.S.1929, § 76-302;   R.S.1943, § 76-302. Annotations  Claimant, holding under tax deed, is entitled to compensation. Bresee v. Parsons, 87 Neb. 327, 127 N.W. 123 (1910); Page v. Davis, 26 Neb. 670, 42 N.W. 875 (1889). Provision protects homestead and preemption claimants. Wells v. Cox, 84 Neb. 26, 120 N.W. 433 (1909).
NE Code § 76-303 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-303 - Appraisers; oath; compensation.

76-303.  Appraisers; oath; compensation.The court, rendering judgment or decree in any case provided for by sections 76-301 to 76-311 against any occupant or claimant, shall, at the request of such occupant or claimant, issue an order to the sheriff of the county wherein such real estate is situated commanding him or her to summon three disinterested freeholders of such county, whose duty it shall be to appraise such real estate and the improvements aforesaid at their cash value as provided in section 76-304. The appraisers shall take and subscribe an oath to impartially appraise the real estate and improvements, which oath shall be filed with the clerk of the court issuing such order. The order thus issued to the sheriff shall be accompanied by written instructions from the court to the appraisers, necessary to carry out the provisions of sections 76-301 and 76-302. Such appraisers shall be allowed the same fees as jurors are allowed in the district court and mileage as provided in section 81-1176 for state employees.Source   Laws 1883, c. 59, § 3, p. 251;   R.S.1913, § 6257;   C.S.1922, § 5667;   C.S.1929, § 76-303;   R.S.1943, § 76-303;   Laws 1981, LB 204, § 146.  Annotations  Assessment must be made by appraisers appointed as provided by statute, and court cannot appoint referee to make the assessment. Burlington & M. R.R. Co. v. Dobson, 19 Neb. 451, 27 N.W. 442 (1886). Time is not made an essential element of request for appointment of appraisers and it need not be made at the same term at which the judgment is rendered. Burlington & M. R.R. Co. v. Dobson, 17 Neb. 455, 23 N.W. 511 (1885).
NE Code § 76-304 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-304 - Appraisers; powers and duties.

76-304.  Appraisers; powers and duties.The appraisers shall jointly proceed at once, after service of said order on them, to view the real estate in question, and to assess the value of all lasting and valuable improvements on the same, made previous to the party's receiving actual notice as aforesaid of the adverse claim. They shall also assess the net annual value of the rents and profits, which the occupant or claimant has received after having received notice of the successful claimant's title by service of process, and they shall deduct the amount thereof from the estimated value of the improvements aforesaid. They shall also assess the value of the land in question at the time such occupant went into possession thereof, or such claimant commenced to pay the tax thereon as the case may be.Source   Laws 1883, c. 59, § 4, p. 251;   R.S.1913, § 6258;   C.S.1922, § 5668;   C.S.1929, § 76-304;   R.S.1943, § 76-304. Annotations Appraisers are required to make their appraisement from a view of the premises and have no authority to take testimony of witnesses. Lothrop v. Michaelson, 44 Neb. 633, 63 N.W. 28 (1895).
NE Code § 76-305 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-305 - Appraisers; report; objections; reappraisal.

76-305.  Appraisers; report; objections; reappraisal.The appraisers shall make report in writing of their appraisement and deposit the same in a sealed envelope with the clerk of such court, within the time required by the court, and if either party shall think himself aggrieved by such appraisement he may file objections thereto at the term to which the same is returned, if returned in term time, ten days before such term adjourns, and if such report is made in vacation, or if made in term time, less than ten days before such term adjourns, then such objections may be filed on or before the second day of the term next ensuing. Upon the hearing of such objections, if the court is of the opinion that injustice has been done by such appraisement, it shall be set aside and a new appraisement ordered. New appraisers shall thereupon be summoned and like proceedings had as provided in sections 76-303 and 76-304.Source   Laws 1883, c. 59, § 5, p. 252;   R.S.1913, § 6259;   C.S.1922, § 5669;   C.S.1929, § 76-305;   R.S.1943, § 76-305. Annotations Court may permit filing of objections out of time. Lothrop v. Michaelson, 44 Neb. 633, 63 N.W. 28 (1895).
NE Code § 76-306 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-306 - Decree of eviction; judgment for amount due claimant.

76-306.  Decree of eviction; judgment for amount due claimant.If no objections are made to the appraisement, or if made and overruled, the court shall proceed without pleadings to ascertain the amount of taxes paid by the occupant or claimant, with interest as hereinbefore provided for. If the appraisement reported to the court shall show a sum in favor of the occupant or claimant against whom such decree or judgment is rendered, the amount of taxes and interest ascertained by the court shall be added thereto, and decree entered therein in favor of such unsuccessful occupant or claimant against the said person proving a better title. Such decree shall constitute and be a lien upon such real estate, but in case the appraisement shall show a balance due the person proving a better title, the amount of such balance shall be deducted from the amount found due the occupant or unsuccessful claimant for taxes and interest, and decree be entered for the difference in favor of such occupant or claimant. If upon the whole finding there shall appear a balance due the successful claimant, judgment shall be rendered in his favor therefor.Source   Laws 1883, c. 59, § 6, p. 252;   R.S.1913, § 6260;   C.S.1922, § 5670;   C.S.1929, § 76-306;   R.S.1943, § 76-306.
NE Code § 76-307 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-307 - Decree of eviction; rights of better title holder.

76-307.  Decree of eviction; rights of better title holder.If upon the final hearing there shall be found a balance in favor of the occupant or unsuccessful claimant, the person proving the better title may either demand of the occupant or claimant the value of the real estate without improvements, as shown by the appraisement, and tender a general warranty deed for the real estate in question to such occupant or claimant or he may pay into court the balance so found due such occupant or claimant within such time as the court shall allow in its final decree.Source   Laws 1883, c. 59, § 7, p. 253;   R.S.1913, § 6261;   C.S.1922, § 5671;   C.S.1929, § 76-307;   R.S.1943, § 76-307. Annotations Unsuccessful occupant cannot be ousted until owner has made election. Troxell v. Stevens, 57 Neb. 329, 77 N.W. 781 (1899).
NE Code § 76-308 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-308 - Writ of possession; issuance; when.

76-308.  Writ of possession; issuance; when.If the successful claimant shall elect to pay and does pay to the occupant or claimant the balance found due him on the final hearing, within such time as the court shall direct, then a writ of possession shall be issued in his favor against such occupant, or decree shall be entered against such unsuccessful claimant, as the case may require.Source   Laws 1883, c. 59, § 8, p. 253;   R.S.1913, § 6262;   C.S.1922, § 5672;   C.S.1929, § 76-308;   R.S.1943, § 76-308.
NE Code § 76-309 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-309 - Election by better title holder to accept value of unimproved land; neglect or refusal to pay; effect.

76-309.  Election by better title holder to accept value of unimproved land; neglect or refusal to pay; effect.If the successful claimant shall elect to receive the value of the real estate without improvements, to be paid by the occupant or claimants, within such a time as the court shall direct, and shall tender a general warranty deed for such real estate to the occupant or claimant, and the occupant or claimant shall refuse or neglect to pay said sum of money to the successful claimant within the time allowed by the court for that purpose, then the successful claimant shall deposit with the clerk of the court the amount found due the occupant or claimant, and thereupon a writ of possession shall be issued in favor of such successful claimant, or decree shall be entered in his favor as the case shall require.Source   Laws 1883, c. 59, § 9, p. 253;   R.S.1913, § 6263;   C.S.1922, § 5673;   C.S.1929, § 76-309;   R.S.1943, § 76-309.
NE Code § 76-310 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-310 - Failure of better title holder to make election; right of occupant.

76-310.  Failure of better title holder to make election; right of occupant.The occupant or claimant shall in no case be evicted from possession, or deprived of his right in the premises, except as provided in sections 76-308 and 76-309, and in case the successful claimant shall neglect to elect to take said real estate with improvements, or to convey the same to the occupant or claimant, within such time as the court shall direct, then decree shall be entered in favor of the occupant or claimant upon his payment into court the value of the real estate without improvements. Such decree shall have the effect to transfer and convey to such occupant or claimant the title and rights of the successful claimant.Source   Laws 1883, c. 59, § 10, p. 254;   R.S.1913, § 6264;   C.S.1922, § 5674;   C.S.1929, § 76-310;   R.S.1943, § 76-310. Annotations  When party is in possession and can recover value of improvements under Occupying Claimants Act, he cannot recover value thereof in action for damages. Webb v. Wheeler, 80 Neb. 438, 114 N.W. 636 (1908). Occupant cannot be dispossessed until he has been compensated for value of improvements. Troxell v. Stevens, 57 Neb. 329, 77 N.W. 781 (1899).