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2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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).
2023 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).
2023 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).
2023 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.
2023 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).
2023 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.
2023 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.
2023 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).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-311 - Demand for reimbursement, when allowed; scope of sections.

76-311.
Demand for reimbursement, when allowed; scope of sections.
Sections 76-301 to 76-311 shall apply to all suits wherein any of the claims or rights herein set forth shall be demanded, and such demand for improvements or taxes may be made upon the overruling by the court of a motion for a new trial, or in case the suit is one in equity, then such demand may be made within three days after the entry of decree;
Provided, however,
all of the provisions of said sections shall be limited and restricted to those cases where the title to the real estate in controversy is derived from some source other than that which comes from such tax titles, tax certificates, tax receipts, or the payment of taxes by any person claiming any interest in or title to such real estate, by reason of such tax deeds, tax titles, tax certificates or tax receipts.
Source
Laws 1883, c. 59, § 11, p. 254;
R.S.1913, § 6265;
C.S.1922, § 5675;
C.S.1929, § 76-311;
R.S.1943, § 76-311.
Annotations
Person claiming under tax deed issued by treasurer or obtained through tax foreclosure comes within provisions of Occupying Claimants Act. Bresee v. Parsons, 87 Neb. 327, 127 N.W. 123 (1910); Page v. Davis, 26 Neb. 670, 42 N.W. 875 (1889).
Section applied to suit pending at time of enactment. Burlington & M. R.R. Co. v. Dobson, 17 Neb. 455, 23 N.W. 511 (1885).
This section does not control remedy in case of void tax deed. Brictson Mfg. Co. v. Close, 25 F.2d 794 (8th Cir. 1928).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-401 - Escheats; when title vests in state.

76-401.
Escheats; when title vests in state.
Upon the failure of heirs, the title shall vest at once in the state, without an inquest or other proceedings in the nature of office found.
Source
Laws 1875, § 2, p. 52;
R.S.1913, § 6272;
C.S.1922, § 5686;
C.S.1929, § 76-501;
R.S.1943, § 76-401.
Annotations
Escheat must be established and payment made as provided in section 76-408, and under certain circumstances, section 76-409. Wilson v. State, 195 Neb. 228, 237 N.W.2d 835 (1976).
Prior to 1963, when the method by which nonresident aliens may take land by inheritance was provided, nonresident aliens could not inherit lands in Nebraska but were to be paid the full value therefor by the state. Shames v. State, 192 Neb. 614, 223 N.W.2d 481 (1974).
An escheat upon failure of heirs vests title to the escheated lands in the state on death of the owner. Semrad v. Semrad, 170 Neb. 911, 104 N.W.2d 338 (1960).
Real estate escheating to the state is not subject to inheritance tax, the tax being on succession and not reversion. In re Estate of O'Connor, 126 Neb. 182, 252 N.W. 826 (1934).
Decree of Nebraska county court determining decedent left no heirs and that property escheated to state was binding on federal court in subsequent action by alleged heir. O'Connor v. Stanley, 54 F.2d 20 (8th Cir. 1931).
The provision that no nonresident alien can inherit Nebraska land more than three miles from corporate limits of any city or town does not constitute an impermissible interference with federal power over foreign affairs. Shames v. State of Nebraska, 323 F.Supp. 1321 (D. Neb. 1971).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-403 - Widow or heirs of aliens; right to land.

76-403.
Widow or heirs of aliens; right to land.
The widow and heirs of aliens, who have prior to March 16, 1889, acquired lands in this state under the laws thereof, may hold such lands by devise or descent for a period of ten years and no longer, and if at the end of such time such lands, so acquired, have not been sold to a bona fide purchaser for value, such lands or other interest therein shall revert and escheat to the State of Nebraska. It shall be the duty of the county attorney in the counties where such lands are situated to enforce forfeitures of all such lands or other interests therein as provided by section 76-408.
Source
Laws 1889, c. 58, § 1, p. 483;
R.S.1913, § 6273;
Laws 1921, c. 142, § 1, p. 608;
C.S.1922, § 5687;
C.S.1929, § 76-502;
Laws 1939, c. 97, § 1, p. 417;
C.S.Supp.,1941, § 76-502;
R.S.1943, § 76-403.
Cross References
For constitutional provisions, see Article I, section 25, Constitution of Nebraska.
Annotations
Sections governing escheat must be construed together and effect given to each if possible. Semrad v. Semrad, 170 Neb. 911, 104 N.W.2d 338 (1960).
Nonresident alien heirs do not acquire the legal title to the land, cannot take or hold the land, and cannot enforce possession of the land. State ex rel. Toop v. Thomas, 103 Neb. 147, 170 N.W. 839 (1919).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-404 - Oil and gas leases permitted.

76-404.
Oil and gas leases permitted.
Corporations incorporated under the laws of the United States of America, or under the laws of any state of the United States of America, or any foreign corporation or any alien, doing business in this state, may acquire, own, hold, or operate leases for oil, gas, or other hydrocarbon substances, for a period as long as ten years and as long thereafter as oil, gas, or other hydrocarbon substances shall or can be produced in commercial quantities.
Source
Laws 1939, c. 97, § 1, p. 417;
C.S.Supp.,1941, § 76-502;
R.S.1943, § 76-404;
Laws 1955, c. 286, § 1, p. 895;
Laws 1982, LB 571, § 1.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-405 - Land acquired by devise or descent; sale within five years required.

76-405.
Land acquired by devise or descent; sale within five years required.
Any resident alien may acquire title to lands in this state by devise or descent only, provided such alien shall be required to sell and convey said real property within five years from the date of acquiring it, and if he shall fail to dispose of it to a bona fide purchaser for value within that time, it shall revert and escheat to the State of Nebraska.
Source
Laws 1921, c. 142, § 1, p. 608;
C.S.1922, § 5687;
C.S.1929, § 76-502;
Laws 1939, c. 97, § 1, p. 417;
C.S.Supp.,1941, § 76-502;
R.S.1943, § 76-405.
Annotations
Sections governing escheat must be construed together and effect given to each if possible. Semrad v. Semrad, 170 Neb. 911, 104 N.W.2d 338 (1960).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-406 - Corporations; board of directors; election of aliens; restrictions.

76-406.
Corporations; board of directors; election of aliens; restrictions.
No corporation organized under the laws of this state and no corporation organized under the laws of any other state or country, doing business in this state, which was organized to hold or is holding real estate, except as provided in sections 76-404 and 76-412 to 76-414, shall elect aliens as members of its board of directors or board of trustees in number sufficient to constitute a majority of such board, nor elect aliens as executive officers or managers nor have a majority of its capital stock owned by aliens.
Source
Laws 1921, c. 142, § 1, p. 608;
C.S.1922, § 5687;
C.S.1929, § 76-502;
Laws 1939, c. 97, § 1, p. 417;
C.S.Supp.,1941, § 76-502;
R.S.1943, § 76-406;
Laws 1955, c. 286, § 2, p. 896.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-407 - Corporations; violations; penalties.

76-407.
Corporations; violations; penalties.
Any such corporation violating the provisions of section 76-406 shall be construed and held to be an alien and within the provisions of sections 76-401 to 76-415 applicable to alien persons. Any such domestic corporation violating the provisions of section 76-406 shall forfeit its charter and be dissolved. Any such foreign corporation violating the provisions of said section shall forfeit its right to do business in the State of Nebraska.
Source
Laws 1921, c. 142, § 1, p. 608;
C.S.1922, § 5687;
C.S.1929, § 76-502;
Laws 1939, c. 97, § 1, p. 417;
C.S.Supp.,1941, § 76-502;
R.S.1943, § 76-407.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-408 - Forfeiture of land; duty of county attorney to enforce; procedure; costs.

76-408.
Forfeiture of land; duty of county attorney to enforce; procedure; costs.
Whenever any such lands shall revert and escheat to the State of Nebraska, as provided in sections 76-403, 76-405, and 76-411, it shall be the duty of the county attorney of the county in which such lands are situated, to proceed against such alien in the district court of the county where the land is situated for the purpose of having such forfeiture declared. The nonresident alien defendants shall be served in the manner provided for the service of a summons in a civil action, and the court shall have power to hear and determine the questions presented in such cases and to declare such lands escheated to the state. When such forfeiture shall be declared by the district court, it shall be the duty of the clerk of the court to notify the Governor of the state that the title to such lands is vested in the state by the decree of the court. The clerk of the court shall present the Director of Administrative Services with the bill of costs incurred by the county in prosecuting such case, who shall issue a warrant to the clerk of the court on the state treasury to repay the county for such costs incurred. The heirs or persons who would have been entitled to such lands shall be paid by the State of Nebraska the full value thereof, as ascertained by appraisement upon the oaths of the judge, treasurer, and clerk of the county where such lands lie, and such lands shall become subject to the law, and shall be disposed of as other lands belonging to the state;
Provided,
the expense of the appraisement shall be deducted from the appraised value of the land.
Source
Laws 1889, c. 58, § 2, p. 484;
Laws 1911, c. 100, § 1, p. 365;
R.S.1913, § 6274;
C.S.1922, § 5688;
C.S.1929, § 76-503;
R.S.1943, § 76-408;
Laws 1983, LB 447, § 86.
Annotations
Escheat must be established and payment made as provided in section 76-408, and under certain circumstances, section 76-409. Wilson v. State, 195 Neb. 228, 237 N.W.2d 835 (1976).
Prior to 1963, when the method by which nonresident aliens may take land by inheritance was provided, nonresident aliens could not inherit lands in Nebraska but were to be paid the full value therefor by the state. Shames v. State, 192 Neb. 614, 223 N.W.2d 481 (1974).
It is the duty of the county attorney to proceed against alien for purpose of having forfeiture declared. Semrad v. Semrad, 170 Neb. 911, 104 N.W.2d 338 (1960).
If land escheats to state, it must be by appropriate proceedings and upon full compensation. Nelson v. Nelson, 113 Neb. 453, 203 N.W. 640 (1925).
This section provides the method of procedure in case lands are escheated to the state. State v. Toop, 107 Neb. 391, 186 N.W. 371 (1922).