reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2319 - Board of directors; rules and regulations; selection of vendor.

76-2319.
Board of directors; rules and regulations; selection of vendor.
(1) The center shall be governed by a board of directors who shall oversee operation of the center pursuant to rules and regulations adopted and promulgated by the State Fire Marshal to carry out the One-Call Notification System Act. The board of directors shall have the authority to propose rules and regulations which may be adopted and promulgated pursuant to this section and have such other authority as provided by rules and regulations adopted and promulgated by the State Fire Marshal that are not inconsistent with the One-Call Notification System Act.
(2) The board of directors shall also establish a competitive bidding procedure to select a vendor to provide the notification service, establish a procedure by which members of the center share the costs of the center on a fair, reasonable, and nondiscriminatory basis, and do all other things necessary to implement the purpose of the center. Any agreement between the center and a vendor for the notification service may be modified from time to time by the board of directors, and any agreement shall be reviewed by the board of directors at least once every three years, with an opportunity to receive new bids if desired by the board of directors.
(3) The rules and regulations adopted and promulgated by the State Fire Marshal to carry out subsection (2) of this section may provide for:
(a) Any requirements necessary to comply with United States Department of Transportation programs;
(b) The qualifications, appointment, retention, and composition of the board of directors; and
(c) Best practices for the marking, location, and notification of proposed excavations which shall govern the center, excavators, and operators of underground facilities.
(4) Any rule or regulation adopted and promulgated by the State Fire Marshal pursuant to subdivision (3)(c) of this section shall originate with the board of directors.
Source
Laws 1994, LB 421, § 19;
Laws 2017, LB263, § 95;
Laws 2019, LB462, § 8.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2319.01 - Board of directors; duties; report.

76-2319.01.
Board of directors; duties; report.
The board of directors shall assess the effectiveness of enforcement programs, enforcement actions, and its damage prevention and public awareness programs and make a report to the Governor and the Legislature no later than December 1, 2021, and by December 1 every odd-numbered year thereafter. The report to the Legislature shall be made electronically.
Source
Laws 2019, LB462, § 11.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2320 - Operator; duty to furnish information; center operational, when.

76-2320.
Operator; duty to furnish information; center operational, when.
Every operator shall furnish the vendor selected by the board of directors with information concerning the location of its underground facilities. Every operator having underground facilities in existence in this state on February 16, 1994, shall furnish such information to the vendor by April 3, 1995. The vendor shall have the center operational on October 2, 1995.
Source
Laws 1994, LB 421, § 20;
Laws 2017, LB263, § 96.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2320.01 - Locator; training required.

76-2320.01.
Locator; training required.
Any locator acting as a contractor for an operator to perform location services shall be trained in locator standards and practices applicable to the industry. The board of directors may review locator training materials provided by operators, locators, and excavators and may make recommendations regarding best practices for locators, if deemed appropriate.
Source
Laws 2019, LB462, § 9.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2320.02 - Use of plastic or nonmetallic underground facilities; installation requirements.

76-2320.02.
Use of plastic or nonmetallic underground facilities; installation requirements.
Notwithstanding any other provision of the One-Call Notification System Act, any plastic or nonmetallic underground facilities installed underground on or after January 1, 2021, shall be installed in such a manner as to be locatable, either by mapping or by use of tracer wire, by the operator for purposes of the act.
Source
Laws 2019, LB462, § 10.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2321 - Excavation; notice; contents; commencement.

76-2321.
Excavation; notice; contents; commencement.
(1) A person shall not commence any excavation without first giving notice to every operator. An excavator's notice to the center shall be deemed notice to all operators. An excavator's notice to operators shall be ineffective for purposes of this subsection unless given to the center. Notice to the center shall be given at least two full business days, but no more than ten business days, before commencing the excavation, except notice may be given more than ten business days in advance when the excavation is a road construction, widening, repair, or grading project provided for in sections 70-311 to 70-313 and 86-708 to 86-710. An excavator may commence work before the elapse of two full business days when (a) notice to the center has been given as provided by this subsection and (b) all the affected operators have notified the excavator that the location of all the affected operator's underground facilities have been marked or that the operators have no underground facilities in the location of the proposed excavation.
(2) The notice required pursuant to subsection (1) of this section shall include (a) the name and telephone number of the person making the notification, (b) the name, address, and telephone number of the excavator, (c) the location of the area of the proposed excavation, including the range, township, section, and quarter section, unless the area is within the corporate limits of a city or village, in which case the location may be by street address, (d) the date and time excavation is scheduled to commence, (e) the depth of excavation, (f) the type and extent of excavation being planned, including whether the excavation involves tunneling or horizontal boring, and (g) whether the use of explosives is anticipated.
Source
Laws 1994, LB 421, § 21;
Laws 2002, LB 1105, § 496.
Annotations
The exception to the notice requirement in subsection (1) of this section applies only to certain "road construction, widening, repair, or grading project" undertaken by counties and townships, and does not apply to state road construction projects. Galaxy Telecom v. J.P. Theisen & Sons, 265 Neb. 270, 656 N.W.2d 444 (2003).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2322 - Excavator; notice to center.

76-2322.
Excavator; notice to center.
An excavator shall serve notice of intent to excavate upon the center by submitting a locate request using a method provided by the center. The center shall inform the excavator of all operators to whom such notice will be transmitted and shall promptly transmit such notice to every operator having an underground facility in the area of intended excavation. The notice shall be transmitted to operators and excavators as a ticket. The center shall assign an identification number to each notice received, which number shall be evidenced on the ticket.
Source
Laws 1994, LB 421, § 22;
Laws 2014, LB736, § 1;
Laws 2019, LB462, § 12.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2324 - Excavator; liability for damage; when.

76-2324.
Excavator; liability for damage; when.
An excavator who fails to give notice of an excavation pursuant to section 76-2321 or who fails to comply with section 76-2331 and who damages an underground facility by such excavation shall be strictly liable to the operator of the underground facility for the cost of all repairs to the underground facility. An excavator who gives the notice and who damages an underground facility shall be liable to the operator for the cost of all repairs to the underground facility unless the damage to the underground facility was due to the operator's failure to comply with section 76-2323. An excavator who fails to give notice of an excavation pursuant to section 76-2321 and who damages an underground facility that is operated by the excavator shall not be in violation of the One-Call Notification System Act.
In addition to any liability provided in this section an operator of a damaged underground facility shall be entitled to any other remedies available at law or in equity provided by statute or otherwise.
Source
Laws 1994, LB 421, § 24;
Laws 2014, LB930, § 4.
Annotations
The right of an operator of an underground facility to recover under this section is not dependent upon whether it has taken steps to become a "member" of a one-call notification center. Village of Hallam v. L.G. Barcus & Sons, 281 Neb. 516, 798 N.W.2d 109 (2011).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2325.01 - Unlawful interference; penalty.

76-2325.01.
Unlawful interference; penalty.
Any person who willfully and maliciously breaks, injures, destroys, or otherwise interferes with the poles, wires, or other facilities of any telecommunications or railroad company or electric light and power company in this state or who willfully and purposely interrupts or interferes with the transmission of telecommunications messages or the transmission of light, heat, and power in this state shall be subject to the action and penalty prescribed in section 28-519.
Source
Laws 1887, c. 87, § 2, p. 634;
R.S.1913, § 7419;
Laws 1915, c. 140, § 1, p. 306;
C.S.1922, § 7098;
C.S.1929, § 86-302;
R.S.1943, § 86-304;
Laws 1978, LB 748, § 49;
Laws 1999, LB 496, § 5;
R.S.1943, (1999), § 86-304;
Laws 2002, LB 1105, § 495.
Annotations
Employee of railroad who cuts down telephone wires at crossing is subject to penalty. Alt v. State, 88 Neb. 259, 129 N.W. 432 (1911).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2326 - Damage; duty of excavator.

76-2326.
Damage; duty of excavator.
If any underground facility is damaged, dislocated, or disturbed before or during excavation, the excavator shall immediately notify the center. An excavator shall not conceal or attempt to conceal damage, dislocation, or disturbance of an underground facility and shall not repair or attempt to repair the underground facility unless authorized by the operator of the underground facility.
Source
Laws 1994, LB 421, § 26.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2327 - Incorrect location; duty of excavator.

76-2327.
Incorrect location; duty of excavator.
If in the course of excavation the excavator discovers that the operator has incorrectly located the underground facility, he or she shall notify the center as soon as practical but no later than seventy-two hours after discovery.
Source
Laws 1994, LB 421, § 27.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2328 - Local permits; treatment; claims against political subdivisions.

76-2328.
Local permits; treatment; claims against political subdivisions.
The One-Call Notification System Act shall not affect or impair any local ordinances or other provisions of law requiring permits to be obtained before an excavation. A permit issued by a governing body shall not relieve an excavator from complying with the requirements of the act. No claim shall be maintained under the One-Call Notification System Act against a political subdivision or its officers, agents, or employees except to the extent, and only to the extent, provided by the Political Subdivisions Tort Claims Act.
Source
Laws 1994, LB 421, § 28.
Cross References
Political Subdivisions Tort Claims Act, see section 13-901.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2329 - Emergency conditions; bar test survey; notification requirements; liability.

76-2329.
Emergency conditions; bar test survey; notification requirements; liability.
(1) Sections 76-2321 and 76-2323 shall not apply to an excavation made under an emergency condition if all reasonable precautions are taken to protect the underground facilities. If an emergency condition exists, the excavator shall give notification in substantial compliance with section 76-2321 as soon as practical. Upon being notified that an emergency condition exists, each operator shall provide all reasonably available location information to the excavator as soon as possible. If the emergency condition has arisen through no fault of the excavator, sections 76-2324 and 76-2325 shall not apply and the excavator shall be liable for damage to any underground facility located in the area if the damage occurs because of the negligent acts or omissions of the excavator.
(2) Sections 76-2321 and 76-2323 shall not apply to a bar test survey deemed necessary to address an emergency condition performed by the operator of the gas or hazardous liquid underground pipeline facility or a qualified excavator who has been engaged to work on behalf of the operator in response to a reported or suspected leak of natural gas, propane, or other combustible liquid or gas. If the emergency condition has arisen through no fault of the excavating operator, section 76-2325 shall not apply.
(3) Sections 76-2321 and 76-2323 shall not apply to an excavation deemed necessary to address an emergency condition performed by the operator of the gas or hazardous liquid underground pipeline facility or a qualified excavator who has been engaged to work on behalf of the operator to address a leak of natural gas, propane, or other combustible liquid or gas. In such event, the operator shall give notification in substantial compliance with section 76-2321 prior to the excavation undertaken by the operator to address the emergency condition. Upon being notified that an emergency condition exists, each operator shall provide all reasonably available location information to the excavating operator as soon as possible, but the excavating operator need not wait for such location information prior to excavation or continuing excavation. If the emergency condition has arisen through no fault of the excavating operator, section 76-2325 shall not apply.
Source
Laws 1994, LB 421, § 29;
Laws 2013, LB589, § 4.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2330 - Center; duties.

76-2330.
Center; duties.
The center shall:
(1) Maintain adequate records documenting compliance with the requirements of the One-Call Notification System Act, including records of all telephone calls and records of all locate requests for the preceding five years which will be made available and printed upon request of an operator or excavator;
(2) Provide the notification service during normal working hours at a minimum; and
(3) Provide procedures for emergency notification for calls received at other than normal working hours.
Source
Laws 1994, LB 421, § 30;
Laws 2014, LB736, § 2.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2331 - Underground natural gas transmission line; representative present; excavation; duties.

76-2331.
Underground natural gas transmission line; representative present; excavation; duties.
Unless otherwise agreed by the operator and excavator in writing, no excavation shall be performed within twenty-five feet of an underground natural gas transmission line as defined in 49 C.F.R. 192.3 unless a representative of the operator of the underground natural gas transmission line is present at the planned excavation area. If the representative of the operator fails to appear at the proposed excavation area at the time work is scheduled to commence, the excavator shall notify the operator that the representative failed to appear and excavation operations can begin if reasonable precautions are taken to protect the underground facility. This section does not prohibit an operator from either voluntarily having its representative present during excavation or from entering into an agreement voluntarily with an excavator that allows an operator representative to be present during excavation.
Source
Laws 2014, LB930, § 2.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2332 - State Fire Marshal; powers.

76-2332.
State Fire Marshal; powers.
The State Fire Marshal may, by rule and regulation, define occurrences relating to damage of an underground facility that creates an emergency condition that requires an excavator to immediately notify an operator or a locator, if applicable, and the center regarding the location and extent of damage to an underground facility.
Source
Laws 2019, LB462, § 16.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2334 - Rules and regulations.

76-2334.
Rules and regulations.
The State Fire Marshal shall adopt and promulgate rules and regulations to carry out section 76-2333 and subsection (2) of section 76-2325, including general rules of practice and procedure relating to the committee, training requirements for investigators, and rules governing the investigation process.
Source
Laws 2023, LB683, § 10.
Effective Date: May 27, 2023
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2401 - Legislative findings.

76-2401.
Legislative findings.
The Legislature finds, determines, and declares that (1) the application of the common law of agency to the relationships between real estate brokers or salespersons and persons who are sellers, landlords, buyers, or tenants of rights and interests in real property has resulted in misunderstandings and consequences that are contrary to the best interests of the public, (2) the real estate brokerage industry has a significant impact upon the economy of the State of Nebraska, and (3) it is in the best interests of the public to codify in statute the relationships between real estate brokers or salespersons and persons who are sellers, landlords, buyers, or tenants of rights and interests in real property.
Source
Laws 1994, LB 883, § 1.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2402 - Definitions, where found.

76-2402.
Definitions, where found.
For purposes of sections 76-2401 to 76-2430, the definitions found in sections 76-2403 to 76-2415 shall be used.
Source
Laws 1994, LB 883, § 2;
Laws 2011, LB25, § 1.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2403 - Adverse material fact, defined.

76-2403.
Adverse material fact, defined.
Adverse material fact shall mean a fact which (1) significantly affects the desirability or value of the property to a party and is not reasonably ascertainable or known to a party or (2) establishes a reasonable belief that another party will not be able to, or does not intend to, complete that party's obligations under a contract creating an interest in real property.
Source
Laws 1994, LB 883, § 3;
Laws 2002, LB 863, § 2.
Annotations
This section and section 76-2417(3)(a) do not limit a seller's agent's duty to disclose facts only when he or she has actual knowledge of the existence of a material defect or only when he or she has knowledge that a home needs extensive repair. Rather, these sections contemplate whether seller's agent knew of any facts which significantly affected the desirability or value of the property and which were not reasonably ascertainable or known by the buyers, pertaining to the physical condition of the property or any material defects in the property. Hinson v. Forehead, 30 Neb. App. 55, 965 N.W.2d 793 (2021).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2404 - Affiliated licensee, defined.

76-2404.
Affiliated licensee, defined.
Affiliated licensee shall mean an associate broker as defined in section 81-885.01 or a salesperson as defined in such section who is under the supervision of a designated broker.
Source
Laws 1994, LB 883, § 4.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2404.01 - Asset management company, defined.

76-2404.01.
Asset management company, defined.
Asset management company means a business firm or association that, pursuant to a contractual agreement, common-law agency agreement, power of attorney, or other legal authorization, sells, conveys, or otherwise offers an interest in real property that belongs to a (1) bank, savings and loan association, or other financial institution created and regulated pursuant to state or federal law, (2) mortgage-holding entity chartered by Congress, or (3) federal, state, or local governmental entity.
Source
Laws 2011, LB25, § 2.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2405 - Brokerage relationship, defined.

76-2405.
Brokerage relationship, defined.
Brokerage relationship shall mean the relationship created between a designated broker and a client pursuant to sections 76-2401 to 76-2430 relating to the performance of services of a broker as defined in section 81-885.01 and shall also mean the relationship created between the client and the designated broker's affiliated licensees pursuant to sections 76-2401 to 76-2430.
Source
Laws 1994, LB 883, § 5;
Laws 2011, LB25, § 3.
Annotations
Unless otherwise specified in a written agency agreement pursuant to section 76-2422(6), the fiduciary duties owed by a real estate broker derive only from the performance of limited activities defined in section 81-885.01(2). Professional Mgmt. Midwest v. Lund Co., 284 Neb. 777, 826 N.W.2d 225 (2012).
When a client engages a real estate broker to perform any of the activities defined in section 81-885.01(2), the resulting agency relationship is called a brokerage relationship. Professional Mgmt. Midwest v. Lund Co., 284 Neb. 777, 826 N.W.2d 225 (2012).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2406 - Confidential information, defined.

76-2406.
Confidential information, defined.
Confidential information shall mean information made confidential by statute, rule, regulation, or written instructions from the client unless the information is made public or becomes public by the words or conduct of the client to whom the information pertains or from a source other than the licensee.
Source
Laws 1994, LB 883, § 6.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2407 - Client, defined.

76-2407.
Client, defined.
Client shall mean a seller, landlord, buyer, or tenant who has entered into a brokerage relationship with a licensee pursuant to sections 76-2401 to 76-2430 and is the seller, landlord, buyer, or tenant to whom the licensee owes the duty as set forth in such sections.
Source
Laws 1994, LB 883, § 7;
Laws 2002, LB 863, § 3;
Laws 2011, LB25, § 4.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2411 - Dual agent, defined.

76-2411.
Dual agent, defined.
Dual agent shall mean a limited agent who, with the written informed consent of all parties to a contemplated real estate transaction, has entered into a brokerage relationship with and therefor represents both the seller and buyer or both the landlord and tenant.
Source
Laws 1994, LB 883, § 11.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2414 - Single agent, defined.

76-2414.
Single agent, defined.
Single agent shall mean a limited agent who has entered into a brokerage relationship with and therefor represents only one party in a real estate transaction. A single agent may be one of the following:
(1) Buyer's agent, which shall mean a licensee who represents the buyer in a real estate transaction;
(2) Landlord's agent, which shall mean a licensee who represents the landlord in a leasing transaction;
(3) Seller's agent, which shall mean a licensee who represents the seller in a real estate transaction; and
(4) Tenant's agent, which shall mean a licensee who represents the tenant in a leasing transaction.
Source
Laws 1994, LB 883, § 14.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2415 - Subagent, defined.

76-2415.
Subagent, defined.
Subagent shall mean a designated broker, together with his or her affiliated licensees, engaged by another designated broker to act as a limited agent for a client. A subagent owes the same obligations and responsibilities to the client pursuant to section 76-2417 or 76-2418 as does the client's primary designated broker.
Source
Laws 1994, LB 883, § 15.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2416 - Licensee; act as agent, when; agency relationships authorized; compensation, when.

76-2416.
Licensee; act as agent, when; agency relationships authorized; compensation, when.
(1) When engaged in any of the activities enumerated in subdivision (2) of section 81-885.01, a licensee may act as a limited agent in any transaction as a single agent, subagent, or dual agent. The licensee's general duties and obligations arising from the limited agency relationship shall be disclosed to the seller and the buyer or to the landlord and the tenant pursuant to sections 76-2420 to 76-2422. Alternatively, when engaged in any of the activities enumerated in subdivision (2) of section 81-885.01, a licensee may act as an agent in any transaction in accordance with a written contract as described in subsection (6) of section 76-2422.
(2) A licensee shall be considered a buyer's or tenant's limited agent unless:
(a) The designated broker enters into a written seller's agent or landlord's agent agreement with the party to be represented pursuant to subsection (2) of section 76-2422;
(b) The designated broker enters into a subagency agreement with another designated broker pursuant to subsection (5) of section 76-2422;
(c) The designated broker enters into a written dual agency agreement with the parties to be represented pursuant to subsection (4) of section 76-2422; or
(d) The designated broker enters into a written agency agreement pursuant to subsection (6) of section 76-2422.
(3) Sections 76-2401 to 76-2430 shall not obligate any buyer or tenant to pay compensation to a licensee unless the buyer or tenant has entered into a written agreement with the designated broker specifying the compensation terms in accordance with subsection (3) of section 76-2422.
(4) A licensee may work with a single party in separate transactions pursuant to different relationships, including, but not limited to, selling one property as a seller's agent and working with that seller in buying another property as a buyer's agent or as a subagent if the licensee complies with sections 76-2401 to 76-2430 in establishing the relationships for each transaction.
Source
Laws 1994, LB 883, § 16;
Laws 2011, LB25, § 5.
Annotations
A brokerage relationship is a limited agency relationship. Professional Mgmt. Midwest v. Lund Co., 284 Neb. 777, 826 N.W.2d 225 (2012).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2419 - Dual agent; powers and duties; confidentiality; immunity; imputation of knowledge or information.

76-2419.
Dual agent; powers and duties; confidentiality; immunity; imputation of knowledge or information.
(1) A licensee may act as a dual agent only with the informed consent of all parties to the transaction. The informed consent shall be evidenced by a written agreement pursuant to section 76-2422.
(2) A dual agent shall be a limited agent for both the seller and buyer or the landlord and tenant and shall have the duties and obligations required by sections 76-2417 and 76-2418 unless otherwise provided for in this section.
(3) Except as provided in subsections (4) and (5) of this section, a dual agent may disclose any information to one client that the licensee gains from the other client if the information is relevant to the transaction or client. A dual agent shall disclose to both clients all adverse material facts actually known by the licensee.
(4) The following information shall not be disclosed by a dual agent without the informed written consent of the client to whom the information pertains:
(a) That a buyer or tenant is willing to pay more than the purchase price or lease rate offered for the property;
(b) That a seller or landlord is willing to accept less than the asking price or lease rate for the property;
(c) What the motivating factors are for any client buying, selling, or leasing the property; and
(d) That a client will agree to financing terms other than those offered.
(5)(a) A dual agent shall not disclose to one client any confidential information about the other client unless the disclosure is required by statute, rule, or regulation or failure to disclose the information would constitute fraudulent misrepresentation.
(b) No cause of action for any person shall arise against a dual agent for making any required or permitted disclosure.
(c) A dual agent does not terminate the dual-agency relationship by making any required or permitted disclosure.
(6) In a dual-agency relationship there shall be no imputation of knowledge or information between any client and the dual agent or among persons within an entity engaged as a dual agent.
Source
Laws 1994, LB 883, § 19;
Laws 2002, LB 863, § 6.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2420 - Designated broker; written policy; relationships.

76-2420.
Designated broker; written policy; relationships.
(1) Every designated broker shall adopt a written policy which identifies and describes the relationships in which the designated broker and affiliated licensees may engage with any seller, landlord, buyer, or tenant as part of any real estate brokerage activities.
(2) A designated broker shall not be required to offer or engage in more than one of the brokerage relationships enumerated in section 76-2416.
Source
Laws 1994, LB 883, § 20.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2422.01 - Licensee; asset management company client; exempt from certain requirements.

76-2422.01.
Licensee; asset management company client; exempt from certain requirements.
(1) A licensee shall be exempt from the requirements of subdivision (1)(c)(ii) of section 76-2417 and subdivision (1)(c)(ii) of section 76-2418 if the client to whom the written offer is required to be presented by such licensee is an asset management company.
(2) A licensee shall be exempt from the provision contained in subsection (2) of section 76-2422 that requires the inclusion of specific duties and responsibilities specified in section 76-2417 in the written agreement if the client is an asset management company.
Source
Laws 2011, LB25, § 10.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2423 - Representation; commencement and termination; when.

76-2423.
Representation; commencement and termination; when.
(1)(a) The relationships set forth in sections 76-2401 to 76-2430 shall commence at the time that the licensee begins representing a client and continue until performance or completion of the representation.
(b) If the representation is not performed or completed for any reason, the relationship shall end at the earlier of:
(i) The date of expiration agreed upon by the parties; or
(ii) The termination or relinquishment of the relationship by the parties.
(2) Except as otherwise agreed in writing, a licensee shall owe no further duty or obligation after termination or expiration of the contract or representation or completion of performance except the duties of:
(a) Accounting for all money and property related to and received during the relationship; and
(b) Keeping confidential all information received during the course of the relationship which was made confidential by sections 76-2401 to 76-2430, by instructions from the client, or by the policy of the designated broker unless:
(i) The client to whom the information pertains grants written consent to disclose the information; or
(ii) Disclosure of the information is required by law.
Source
Laws 1994, LB 883, § 23;
Laws 2011, LB25, § 11.
Annotations
A brokerage relationship is a limited agency relationship. Professional Mgmt. Midwest v. Lund Co., 284 Neb. 777, 826 N.W.2d 225 (2012).
A real estate broker retained to represent a client in a leasing transaction does not owe a continuing duty to that client for the duration of the lease. Professional Mgmt. Midwest v. Lund Co., 284 Neb. 777, 826 N.W.2d 225 (2012).
Once a brokerage relationship is terminated, the real estate broker ceases to owe duties to the client except for limited duties of confidentiality and accounting for money and property received during the relationship. Professional Mgmt. Midwest v. Lund Co., 284 Neb. 777, 826 N.W.2d 225 (2012).
Under the circumstances of this case, it was not necessary to determine the exact point at which a leasing transaction terminated, but it was completed no later than the date of payment of the real estate broker's commission. Professional Mgmt. Midwest v. Lund Co., 284 Neb. 777, 826 N.W.2d 225 (2012).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2424 - Compensation; payment.

76-2424.
Compensation; payment.
(1) In any real estate transaction, the designated broker's compensation may be paid by the seller, the landlord, the buyer, the tenant, or a third party or by sharing the compensation between designated brokers.
(2) Payment of compensation by itself shall not establish an agency relationship between the party who paid the compensation and the designated broker or any affiliated licensee.
(3) A seller or landlord may agree that a single agent designated broker or subagent may share with another designated broker the compensation paid by the seller or landlord.
(4) A buyer or tenant may agree that a single agent designated broker or subagent may share with another designated broker the compensation paid by the buyer or tenant.
(5) A designated broker may be compensated by more than one party for services in a transaction if the parties consent in writing to the multiple payments at or before the time of entering into a contract to buy, sell, or lease.
Source
Laws 1994, LB 883, § 24.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2425 - Violation; unfair trade practice; commission; powers.

76-2425.
Violation; unfair trade practice; commission; powers.
Violation of any provision of sections 76-2401 to 76-2430 by a licensee shall constitute an unfair trade practice pursuant to section 81-885.24 for which the commission may investigate and take administrative action against the licensee pursuant to the Nebraska Real Estate License Act.
Source
Laws 1994, LB 883, § 25;
Laws 2011, LB25, § 12.
Cross References
Nebraska Real Estate License Act, see section 81-885.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2426 - Misrepresentation; liability.

76-2426.
Misrepresentation; liability.
(1) A client shall not be liable for a misrepresentation of his or her limited agent arising out of the limited-agency agreement unless the client knew or should have known of the misrepresentation.
(2) A licensee who is serving as a limited agent or subagent of a client shall not be liable for a misrepresentation of his or her client arising out of the brokerage-services agreement unless the licensee knew or should have known of the misrepresentation.
(3) A licensee who is serving as a limited agent of a client shall not be liable for a misrepresentation of any subagent unless the licensee knew or should have known of the misrepresentation.
(4) A licensee who is serving as a subagent shall not be liable for a misrepresentation of the primary limited agent unless the subagent knew or should have known of the misrepresentation.
Source
Laws 1994, LB 883, § 26;
Laws 2002, LB 863, § 9.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2427 - Designated broker; appointment of limited agent; effect.

76-2427.
Designated broker; appointment of limited agent; effect.
A designated broker entering into a limited agency agreement with a client for the listing of property or for the purpose of representing that person in the buying, selling, exchanging, renting, or leasing of real estate may appoint in writing those affiliated licensees who will be acting as limited agents of that client to the exclusion of all other affiliated licensees. A designated broker shall not be considered to be a dual agent solely because he or she makes an appointment under this section, except that any licensee who personally represents both the seller and buyer or both the landlord and tenant in a particular transaction shall be a dual agent and shall be required to comply with the provisions of sections 76-2401 to 76-2430 governing dual agents.
Source
Laws 1994, LB 883, § 27;
Laws 2011, LB25, § 13.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2428 - Affiliated licensees; powers and duties; immunity.

76-2428.
Affiliated licensees; powers and duties; immunity.
(1) All affiliated licensees to the extent allowed by their licenses shall have the same duties and responsibilities to the client and customer pursuant to sections 76-2417 to 76-2419 as the designated broker except as provided in section 76-2427.
(2) All affiliated licensees have the same protections from vicarious liability as their designated broker.
Source
Laws 1994, LB 883, § 28.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2429 - Sections; supersede common law; extent; construction.

76-2429.
Sections; supersede common law; extent; construction.
Sections 76-2401 to 76-2430 shall supersede the duties and responsibilities of the parties under the common law, including fiduciary responsibilities of an agent to a principal, except as provided in subsection (6) of section 76-2422. Sections 76-2401 to 76-2430 shall be construed broadly to accomplish their purposes.
Source
Laws 1994, LB 883, § 29;
Laws 2011, LB25, § 14.
Annotations
Case law defining common-law fiduciary duties is irrelevant to the determination whether a real estate broker breached the duties owed by statute, unless otherwise specified in a written agency agreement pursuant to section 76-2422(6). Professional Mgmt. Midwest v. Lund Co., 284 Neb. 777, 826 N.W.2d 225 (2012).
Unless otherwise specified in a written agency agreement pursuant to section 76-2422(6), the fiduciary duties owed by a real estate broker derive only from the performance of limited activities defined in section 81-885.01(2). Professional Mgmt. Midwest v. Lund Co., 284 Neb. 777, 826 N.W.2d 225 (2012).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2430 - Commission; rules and regulations.

76-2430.
Commission; rules and regulations.
The commission shall adopt and promulgate rules and regulations to carry out sections 76-2401 to 76-2430.
Source
Laws 1994, LB 883, § 30;
Laws 2011, LB25, § 15.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2501 - Act, how cited.

76-2501.
Act, how cited.
Sections 76-2501 to 76-2506 shall be known and may be cited as the Nebraska Plane Coordinate System Act.
Source
Laws 1998, LB 924, § 63;
R.S.1943, (1999), § 86-1601;
Laws 2002, LB 1105, § 497.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2502 - Terms, defined.

76-2502.
Terms, defined.
(1) For purposes of the Nebraska Plane Coordinate System Act, Nebraska Plane Coordinate System means the system of plane coordinates for designating the geographic position of points on the surface of the earth, within the State of Nebraska, which have been established by the National Ocean Service/National Geodetic Survey, or its successors, for defining and stating the geographic positions or locations of points on the surface of the earth, within the State of Nebraska; and
(2) For purposes of more precisely defining the Nebraska Plane Coordinate System, the following definition by the National Ocean Service/National Geodetic Survey is also adopted:
The Nebraska Plane Coordinate System is a Lambert conformal conic projection of the North American Datum of 1983, having standard parallels at north latitudes 40 degrees 00 minutes and 43 degrees 00 minutes along which parallels the scale shall be exact. The origin of coordinates is at the intersection of the meridian 100 degrees 00 minutes west of Greenwich and the parallel 39 degrees 50 minutes north latitude. This origin is given the coordinates. N = 0 meters and E = 500,000 meters.
Source
Laws 1998, LB 924, § 64;
R.S.1943, (1999), § 86-1602;
Laws 2002, LB 1105, § 498.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2503 - Plane coordinate values.

76-2503.
Plane coordinate values.
The plane coordinate values for a point on the earth's surface used to express the geographic position or location of such point of this system shall consist of two distances expressed in meters and decimals of a meter when using the Nebraska Plane Coordinate System. One of the distances, to be known as the "northing" or "N", shall give the position in a north-and-south direction. The other, to be known as the "easting" or "E", shall give the position in an east-and-west direction. These coordinates shall be made to depend upon and conform to plane rectangular coordinate values for the monumented horizontal control stations of the North American National Geodetic Horizontal Network as published by the National Ocean Service/National Geodetic Survey, or its successors, and whose plane coordinates have been computed based on the system described in the Nebraska Plane Coordinate System Act. Any such station may be used for establishing a survey connection to the Nebraska Plane Coordinate System.
Source
Laws 1998, LB 924, § 65;
R.S.1943, (1999), § 86-1603;
Laws 2002, LB 1105, § 499.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2504 - Plane coordinates; recording; waiver.

76-2504.
Plane coordinates; recording; waiver.
No coordinates based on the Nebraska Plane Coordinate System purporting to define the position of a point on a land boundary shall be presented to be recorded in any public land records or deed records unless such point is within one kilometer of a monumented horizontal control station established in conformity with the standards of accuracy and specifications for first-order or second-order geodetic surveying, as prepared and published by the Federal Geodetic Control Subcommittee of the United States Department of Commerce. Standards and specifications of the Federal Geodetic Control Subcommittee, or its successor, in force on the date of the survey shall apply. Publishing existing monumented horizontal control stations, or the acceptance with intent to publish the newly established monumented horizontal control stations, by the National Ocean Service/National Geodetic Survey shall constitute evidence of adherence to the Federal Geodetic Control Subcommittee specifications. The State Surveyor may grant a waiver of the requirements of this section upon submission of evidence that the standards of accuracy and specifications used exceed the requirements of this section.
Source
Laws 1998, LB 924, § 66;
R.S.1943, (1999), § 86-1604;
Laws 2002, LB 1105, § 500.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2505 - Use of term; restriction.

76-2505.
Use of term; restriction.
The use of the term "Nebraska Plane Coordinate System" on any map, report, survey, or other document shall be limited to coordinates based upon the Nebraska Plane Coordinate System.
Source
Laws 1998, LB 924, § 67;
R.S.1943, (1999), § 86-1605;
Laws 2002, LB 1105, § 501.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2506 - Tracts of land; how described.

76-2506.
Tracts of land; how described.
Descriptions of tracts of land by reference to subdivisions, lines or corners of the United States public land survey, or other original pertinent surveys, are hereby recognized as the basic and prevailing method for describing tracts of land. Whenever coordinates of the Nebraska Plane Coordinate System are used in descriptions of tracts of land, they shall be construed as being supplementary to descriptions of such subdivisions, lines or corners of the United States public land survey, or such other original pertinent surveys contained in official plats and field notes of record. In the event of any conflict, coordinates of the Nebraska Plane Coordinate System shall not determine the issue, but may be used as collateral facts to show additional evidence.
Source
Laws 1998, LB 924, § 68;
R.S.1943, (1999), § 86-1606;
Laws 2002, LB 1105, § 502.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2602 - Terms, defined.

76-2602.
Terms, defined.
In the Uniform Environmental Covenants Act:
(1) Activity and use limitations means restrictions or obligations created under the act with respect to real property.
(2) Agency means the Department of Environment and Energy or any other Nebraska or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created.
(3) Common interest community means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community.
(4) Environmental covenant means a servitude arising under an environmental response project that imposes activity and use limitations.
(5) Environmental response project means a plan or work performed for environmental remediation of real property and conducted:
(A) Under a federal or state program governing environmental remediation of real property, including the Petroleum Release Remedial Action Act;
(B) Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or
(C) Under a state voluntary cleanup program authorized by the Remedial Action Plan Monitoring Act.
(6) Holder means the grantee of an environmental covenant as specified in subsection (a) of section 76-2603.
(7) Person means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(8) Record, used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(9) State means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
Source
Laws 2005, LB 298, § 3;
Laws 2019, LB302, § 94.
Cross References
Petroleum Release Remedial Action Act, see section 66-1501.
Remedial Action Plan Monitoring Act, see section 81-15,181.