reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1101 - Corporations; real and personal property; Secretary of State; filed with; effect.

76-1101.
Corporations; real and personal property; Secretary of State; filed with; effect.
Any mortgage of real property or of both real property and goods, including fixtures, or a security interest in fixtures alone, made by a corporation which is a railroad, or by any corporation including public corporations engaged in the furnishing of electric or telephone service shall be recorded in the office of the register of deeds of the county where such property is located, and when so recorded shall be a lien on the real property and fixtures described in the mortgage or security agreement from the time of recording and on fixtures thereafter acquired subject to the mortgage or security agreement from the time of acquisition; and if the mortgage or security agreement includes goods, a copy of the mortgage or security agreement or a financing statement describing the goods by item or type shall be filed with the Secretary of State and shall be effective from the time provided in the Uniform Commercial Code, but the security interest in the goods and in goods thereafter acquired subject to the mortgage or security agreement shall be effective without refiling as long as the mortgage or security agreement remains in effect, and this lien shall be enforceable in accordance with the laws of this state governing mortgages of real estate.
Source
Laws 1965, c. 452, § 1, p. 1434.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1102 - Corporations; personal property; Secretary of State; financing statement; filed with; effect.

76-1102.
Corporations; personal property; Secretary of State; financing statement; filed with; effect.
A security interest in goods alone created by a corporation which is a railroad, or by any corporation including public corporations engaged in the furnishing of electric or telephone service shall be perfected by filing a financing statement in the office of the Secretary of State and shall in all respects except as to place of filing be governed by the Uniform Commercial Code. This is a statute providing for central filing of security interests in property within the meaning of article 9, Uniform Commercial Code.
Source
Laws 1965, c. 452, § 2, p. 1434;
Laws 1999, LB 550, § 42.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1103 - Secretary of State; duties; fee.

76-1103.
Secretary of State; duties; fee.
The Secretary of State shall maintain a separate file for mortgages, security agreements and financing statements on which the debtor is a corporation which is a railroad, or by any corporation including public corporations engaged in the furnishing of electric or telephone service and the uniform fee for filing, indexing, and furnishing filing data for such financing statements shall be one dollar per page, but the total fee shall not be less than five dollars nor more than one hundred dollars.
Source
Laws 1965, c. 452, § 3, p. 1434.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1104 - Prior mortgages of corporation; validity.

76-1104.
Prior mortgages of corporation; validity.
Nothing in sections 76-1101 to 76-1104 or in the Uniform Commercial Code shall impair the validity or effectiveness against third parties of any mortgage of real property, or of both real property and goods, including fixtures alone, heretofore made by a corporation which is a railroad, or by any corporation including public corporations engaged in the furnishing of electric or telephone service if such mortgage or security interest was recorded or filed or perfected in accordance with the law of this state prior to the effective date of the Uniform Commercial Code, and such law shall govern the continued effectiveness and enforcement of such mortgages and security interests with respect to all property covered thereby whether acquired by such corporation before or after such date.
Source
Laws 1965, c. 452, § 4, p. 1435.
Cross References
Effective date of the Uniform Commercial Code, see section 10-101, Uniform Commercial Code.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1215 - Intent and purpose.

76-1215.
Intent and purpose.
The intent and purpose of the Relocation Assistance Act is to establish uniform policies and procedures for the fair and equitable treatment of persons displaced as a result of publicly financed projects in order that such persons will not suffer disproportionate injuries as a result of projects designed for the benefit of the public as a whole.
Source
Laws 1989, LB 254, § 2.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1217 - Agency, defined.

76-1217.
Agency, defined.
Agency shall mean (1) any department, agency, or instrumentality of (a) the State of Nebraska, (b) any political subdivision of the State of Nebraska, (c) any combination of states which includes the State of Nebraska, (d) any combination of political subdivisions, either of the State of Nebraska alone or of the State of Nebraska and any other state or states acting in combination, and (2) any person who has the authority to acquire property by eminent domain under state law.
Source
Laws 1989, LB 254, § 4.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1218 - Appraisal, defined.

76-1218.
Appraisal, defined.
Appraisal shall mean a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date supported by the presentation and analysis of relevant market information.
Source
Laws 1989, LB 254, § 5.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1219 - Business, defined.

76-1219.
Business, defined.
Business shall mean any lawful activity, except a farm operation, conducted primarily (1) for the purchase, sale, lease, or rental of personal or real property or for the manufacture, processing, or marketing of products, commodities, or any other personal property, (2) for the sale of services to the public, (3) by a nonprofit organization, or (4) solely for the purposes of sections 76-1228 to 76-1230, for the erection and maintenance of outdoor advertising displays, whether or not such displays are located on the premises on which any of the other activities defined as business are conducted.
Source
Laws 1989, LB 254, § 6.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1220 - Comparable replacement dwelling, defined.

76-1220.
Comparable replacement dwelling, defined.
Comparable replacement dwelling shall mean any dwelling that is (1) decent, safe, and sanitary, (2) adequate in size to accommodate the occupants, (3) within the financial means of the displaced person, (4) functionally equivalent to the dwelling that the displaced person is required to leave, (5) in an area not subject to unreasonable adverse environmental conditions, and (6) in a location not less desirable than the location of the displaced person's dwelling with respect to public utilities, facilities, services, and the displaced person's place of employment.
Source
Laws 1989, LB 254, § 7.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1222 - Displacing agency, defined.

76-1222.
Displacing agency, defined.
Displacing agency shall mean (1) any agency carrying out a publicly financed project which causes an individual to become a displaced person and (2) any person lacking the power of eminent domain who carries out a publicly financed project when that project causes an individual to be a displaced person.
Source
Laws 1989, LB 254, § 9.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1223 - Farm operation, defined.

76-1223.
Farm operation, defined.
Farm operation shall mean any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.
Source
Laws 1989, LB 254, § 10.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1225 - Mortgage, defined.

76-1225.
Mortgage, defined.
Mortgage shall mean any of such classes of liens as are commonly given to secure advances on or the unpaid purchase price of real property under the laws of the state, together with the credit instruments, if any, secured thereby.
Source
Laws 1989, LB 254, § 12.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1227 - Publicly financed project, defined.

76-1227.
Publicly financed project, defined.
Publicly financed project shall mean any project undertaken by an agency in which any part of the cost is to be paid (1) from funds derived from federal, state, or local taxes of any type, (2) by revenue or general obligation bonds issued by the agency, or (3) from funds derived by the agency from the sale of products or services in a proprietary capacity. Publicly financed project shall not mean a project in which the federal funds involved are in the form of a federal guarantee or insurance.
Source
Laws 1989, LB 254, § 14.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1228 - Payment to displaced person; amount.

76-1228.
Payment to displaced person; amount.
(1) Whenever a program or project to be undertaken by a displacing agency will result in the displacement of any person, the head of the displacing agency shall provide for the payment to the displaced person of:
(a) Actual reasonable expenses in moving himself or herself and his or her family, business, farm operation, or other personal property;
(b) Actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate such property, as determined by the head of the agency;
(c) Actual reasonable expenses in searching for a replacement business or farm; and
(d) Actual reasonable expenses necessary to reestablish at its new site a displaced farm, nonprofit organization, or small business as defined by criteria established by the lead agency which are consistent with regulations adopted and promulgated by the United States Department of Transportation under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601 et seq., as amended, but not to exceed ten thousand dollars.
(2) The lead agency may adopt and promulgate rules and regulations establishing a reasonable maximum payment under subdivision (1)(c) of this section which are consistent with regulations adopted by the United States Department of Transportation under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601 et seq., as amended.
Source
Laws 1989, LB 254, § 15;
Laws 2011, LB167, § 2.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1229 - Displacement from dwelling; expense and dislocation allowance; schedule.

76-1229.
Displacement from dwelling; expense and dislocation allowance; schedule.
Any displaced person eligible for payments under section 76-1228 who is displaced from a dwelling and who elects to accept the payments authorized by this section in lieu of the payments authorized by section 76-1228 may receive an expense and dislocation allowance which shall be determined according to a schedule established by the head of the lead agency. In establishing the schedule authorized by this section, the head of the lead agency shall take into consideration the reasonable expenses associated with relocation and the regulations adopted and promulgated by the United States Department of Transportation under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, as amended.
Source
Laws 1989, LB 254, § 16.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1230 - Displacement from business or farm; fixed payment; criteria.

76-1230.
Displacement from business or farm; fixed payment; criteria.
Any displaced person eligible for payments under section 76-1228 who is displaced from the person's place of business or farm operation and who is eligible for payments under this section according to criteria established by the head of the lead agency may elect to accept the payment authorized by this section in lieu of the payment authorized by section 76-1228. Such payment shall consist of a fixed payment in an amount to be determined according to criteria established by the head of the lead agency, except that such payment shall be at least one thousand dollars but not more than twenty thousand dollars. In establishing the criteria authorized by this section, the head of the lead agency shall take into consideration the reasonable expenses associated with the relocation of a business or farm operation and the regulations adopted and promulgated by the United States Department of Transportation under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, as amended. A person whose sole business at the displacement dwelling is the rental of such property to others shall not qualify for a payment under this section.
Source
Laws 1989, LB 254, § 17.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1231 - Owner; displacement from dwelling; additional payment; amount.

76-1231.
Owner; displacement from dwelling; additional payment; amount.
In addition to payments otherwise authorized by the Relocation Assistance Act, the head of the displacing agency shall make an additional payment not to exceed twenty-two thousand five hundred dollars to any displaced person who is displaced from a dwelling actually owned and occupied by such displaced person for at least one hundred and eighty days prior to the initiation of negotiations for the acquisition of the property. Such additional payment shall include the following elements:
(1) The amount, if any, which, when added to the acquisition cost of the dwelling acquired by the displacing agency, equals the reasonable cost of a comparable replacement dwelling;
(2) The amount, if any, which will compensate such displaced person for any increased interest costs and other debt service costs which such person is required to pay for financing the acquisition of any comparable replacement dwelling. Such amount shall be paid only if the dwelling acquired by the displacing agency was encumbered by a bona fide mortgage which was a valid lien on such dwelling for at least one hundred eighty days immediately prior to the initiation of negotiations for the acquisition of such dwelling;
(3) Reasonable expenses incurred by such displaced person for evidence of title, recording fees, and other closing costs incident to the purchase of the replacement dwelling but not including prepaid expenses; and
(4) The amount, if any, which will compensate such displaced person for the increase in property taxes resulting from the relocation for a period of three years.
Source
Laws 1989, LB 254, § 18.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1232 - Owner; displacement from dwelling; additional payment; requirements.

76-1232.
Owner; displacement from dwelling; additional payment; requirements.
The additional payment authorized by section 76-1231 shall be made only to a displaced person who purchases and occupies a decent, safe, and sanitary replacement dwelling within one year after the date on which such person receives final payment from the displacing agency for the acquired dwelling or the date on which the displacing agency's obligation under subdivision (2)(c) of section 76-1238 is met, whichever is later, except that the displacing agency may extend such period for good cause. If such period is extended, the payment under this section shall be based on the costs of relocating the person to a comparable replacement dwelling within one year of such date.
Source
Laws 1989, LB 254, § 19.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1233 - Renter; displacement from dwelling; additional payment; requirements; use.

76-1233.
Renter; displacement from dwelling; additional payment; requirements; use.
(1) In addition to amounts otherwise authorized by the Relocation Assistance Act, the head of a displacing agency shall make a payment to or for any displaced person displaced from any dwelling not eligible to receive a payment under section 76-1231 which dwelling was actually and lawfully occupied by such displaced person for at least ninety days immediately prior to (a) the initiation of negotiations for acquisition of such dwelling or (b) in any case in which displacement is not a direct result of acquisition, such other event as the head of the lead agency shall prescribe by rules and regulations which are consistent with regulations adopted and promulgated by the United States Department of Transportation under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, as amended. Such payment shall consist of the amount necessary to enable such person to lease or rent for a period not to exceed forty-two months a comparable replacement dwelling, but the payment shall not exceed five thousand two hundred fifty dollars. At the discretion of the head of the displacing agency, a payment under this subsection may be made in periodic installments. Computation of a payment under this subsection to a low-income displaced person for a comparable replacement dwelling shall take into account such person's income.
(2) Any person eligible for a payment under subsection (1) of this section may elect to apply such payment to a downpayment on and other incidental expenses pursuant to the purchase of a decent, safe, and sanitary replacement dwelling. Such person may, at the discretion of the head of the displacing agency, be eligible under this subsection for the maximum payment allowed under subsection (1) of this section, except that in the case of a displaced homeowner who has owned and occupied the displacement dwelling for at least ninety days but not more than one hundred eighty days immediately prior to the initiation of negotiations for the acquisition of such dwelling, such payment shall not exceed the payment such person would otherwise have received under section 76-1231 had the person owned and occupied the displacement dwelling one hundred eighty days immediately prior to the initiation of such negotiations.
Source
Laws 1989, LB 254, § 20.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1234 - Comparable replacement housing; required; head of displacing agency; powers.

76-1234.
Comparable replacement housing; required; head of displacing agency; powers.
No person shall be required to move from his or her dwelling as a result of any publicly financed project unless the head of the displacing agency is satisfied that comparable replacement housing is available to such person. If a publicly financed project cannot proceed on a timely basis because comparable replacement dwellings are not available and the head of the displacing agency determines that such dwellings cannot otherwise be made available, the head of the displacing agency may take such action as is necessary or appropriate to provide such dwellings by the use of funds authorized for such project. The head of the displacing agency may exceed the maximum amounts which may be paid under sections 76-1231 to 76-1233 on a case-by-case basis for good cause as determined in accordance with rules and regulations adopted and promulgated by the head of the lead agency which are consistent with regulations adopted and promulgated by the United States Department of Transportation under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, as amended.
Source
Laws 1989, LB 254, § 21.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1235 - Payments; how treated.

76-1235.
Payments; how treated.
No payment received by a displaced person pursuant to the Relocation Assistance Act shall be considered as income or resources for the purpose of determining the eligibility or extent of eligibility of any person for assistance under any state law or for the purposes of the state's income tax laws or other tax laws. Except in the case of payments received in conjunction with a low-income housing assistance program, such payments shall not be considered as income or resources of any recipient of public assistance and such payments shall not be deducted from the amount of aid to which the recipient would otherwise be entitled.
Source
Laws 1989, LB 254, § 22.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1236 - Other payments; effect on payment under act.

76-1236.
Other payments; effect on payment under act.
No payment or assistance under the Relocation Assistance Act shall be required to be made to any person or included as a program or project cost if such person receives a payment required by federal, state, or local law which is determined by the head of the displacing agency to have substantially the same purpose and effect as would the payment authorized by the act.
Source
Laws 1989, LB 254, § 23.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1237 - Publicly financed projects; planning requirements.

76-1237.
Publicly financed projects; planning requirements.
Publicly financed projects shall be planned in a manner that (1) recognizes, at an early stage in the planning of such project and before the commencement of any action which will cause displacements, the problems associated with the displacement of individuals, families, businesses, and farm operations and (2) provides for the resolution of such problems in order to minimize adverse impacts on displaced persons and to expedite project advancement and completion.
Source
Laws 1989, LB 254, § 24.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1239 - Contracts for services authorized.

76-1239.
Contracts for services authorized.
In order to prevent unnecessary expense and duplication of functions and to promote uniform and effective administration of relocation assistance programs, an agency may enter into contracts with any person for services in connection with such programs or may carry out its functions through any federal, state, or local agency having an established organization for conducting relocation assistance programs.
Source
Laws 1989, LB 254, § 26.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1240 - Rules and regulations.

76-1240.
Rules and regulations.
The head of the lead agency shall adopt and promulgate, with the active participation of the heads of other state agencies responsible for funding relocation and acquisition actions and in coordination with local governments, such rules and regulations as may be necessary to carry out the Relocation Assistance Act.
Source
Laws 1989, LB 254, § 27.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1241 - Appeal; act, how construed.

76-1241.
Appeal; act, how construed.
Any person aggrieved by a determination as to eligibility for a payment authorized by the Relocation Assistance Act or as to the amount of the payment may appeal the determination. The appeal shall be in accordance with the Administrative Procedure Act. Nothing in the Relocation Assistance Act shall be construed as creating in any condemnation proceedings brought under the power of eminent domain any element of value or damage not in existence immediately prior to April 2, 1989.
Source
Laws 1989, LB 254, § 28.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1242 - Appropriations; use.

76-1242.
Appropriations; use.
Any funds which have been appropriated by or to any agency for the acquisition of real property or any interest in real property for a particular program or project shall also be available for expenditure to carry out the Relocation Assistance Act as applied to such program or project.
Source
Laws 1989, LB 254, § 29.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1301 - Declaration of purpose.

76-1301.
Declaration of purpose.
The Legislature finds that in order to insure the economic security of Nebraskans of retirement age it is necessary to require those persons who develop retirement subdivisions and communities to make a full and periodic disclosure of their fiscal condition.
The Legislature also finds it to be in the best interest of the tenants of a retirement subdivision or community, as well as in the best tradition of participatory democracy, that such tenants have a voice in the affairs of the subdivision or community through representation on the board of directors or an advisory committee to the board, when the retirement subdivision or community is owned and managed by a nonprofit entity.
Source
Laws 1972, LB 1311, § 1;
Laws 1990, LB 978, § 1;
Laws 2003, LB 61, § 1.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1303 - State Real Estate Commission; administer sections; advisory group.

76-1303.
State Real Estate Commission; administer sections; advisory group.
(1) The provisions of sections 76-1301 to 76-1315 shall be administered by the State Real Estate Commission.
(2) All rules, regulations and administrative procedures adopted by the agency pursuant to sections 76-1301 to 76-1315 shall be promulgated with the advice and counsel of a representative group of administrative personnel of those retirement communities and subdivisions affected by such rules, regulations and administrative practices.
Source
Laws 1972, LB 1311, § 3.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1304 - Application of sections; exceptions.

76-1304.
Application of sections; exceptions.
Unless the method of disposition is adopted for the purpose of evasion of the provisions of sections 76-1301 to 76-1315, such provisions shall not apply to offers or dispositions of any lot or unit in a retirement subdivision or community by a purchaser for his or her own account in a single or isolated transaction, nor shall such provisions apply to the following:
(1) Offers or dispositions of evidences of indebtedness secured by a mortgage or deed of trust of real estate;
(2) Offers or dispositions of securities or units of interest issued by a real estate investment trust regulated under any state or federal statute;
(3) The sale or lease of real estate under or pursuant to court order;
(4) The disposition in any manner whatsoever of any unit of public housing under the administrative jurisdiction of a local public housing authority;
(5) Offers or dispositions of securities currently registered with the Director of Banking and Finance and under the provisions of the Securities Act of Nebraska; and
(6) Health care facilities licensed by the Department of Health and Human Services under the Health Care Facility Licensure Act.
Source
Laws 1972, LB 1311, § 4;
Laws 1988, LB 693, § 17;
Laws 1996, LB 1044, § 793;
Laws 2000, LB 819, § 148;
Laws 2003, LB 61, § 3;
Laws 2007, LB296, § 700.
Cross References
Health Care Facility Licensure Act, see section 71-401.
Securities Act of Nebraska, see section 8-1123.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1305 - Offering or disposition; requirements; right to cancel; escrow.

76-1305.
Offering or disposition; requirements; right to cancel; escrow.
Unless the retirement subdivision or community lands or the transaction is exempt by section 76-1304:
(1) No person may offer or dispose of any lot or unit in any retirement subdivision or community located in this state, nor offer or dispose in this state of any lot or unit in any retirement subdivision or community located outside this state prior to the time such subdivision or community is registered in the manner prescribed by sections 76-1301 to 76-1315;
(2) No person may dispose of any lot or unit in any retirement subdivision or community unless a current public-offering statement is delivered to the prospective purchaser and the prospective purchaser is afforded a reasonable opportunity, under no circumstances less than forty-eight hours, to examine the public-offering statement prior to the disposition;
(3) A purchaser shall have the right to cancel a contract for disposition within three business days after the date the contract is executed or within three business days after the delivery to the purchaser of the public-offering statement, whichever is later. The right to cancel may not be waived and any attempt to obtain such a waiver is unlawful and shall be considered a violation of sections 76-1301 to 76-1315. A purchaser may cancel the contract by hand delivering or mailing, postage prepaid, a written statement of cancellation to the developer. The cancellation shall be deemed effective upon mailing. Upon cancellation, the developer shall refund to the purchaser within thirty days after receipt of the cancellation notice all payments and other consideration given by the purchaser reduced by the proportion of any benefits the purchaser has actually received by agreement with the developer prior to the effective date of the cancellation. A developer and purchaser shall agree in writing on a specific value for each benefit received by the purchaser for purposes of this section; and
(4) If in any retirement subdivision or community a purchaser's lot or unit remains subject to any debts or liabilities of the developer or association in connection with the initial construction of the improvements to the retirement subdivision or community, the developer shall hold all payments from purchasers in escrow at a state or federally regulated financial institution located in this state until such time, not to exceed twenty-four months, that the public improvements serving the retirement subdivision or community are substantially completed and secured financing has been obtained by the developer or association (a) in an amount adequate to complete the improvements to the retirement subdivision or community as represented in the statement of record and (b) under such terms as are consistent with the budget stated in the public-offering statement.
Source
Laws 1972, LB 1311, § 5;
Laws 2003, LB 61, § 4.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1308 - Statement of record; examination by agency.

76-1308.
Statement of record; examination by agency.
Upon receipt of a statement of record in proper form, the agency shall forthwith initiate an examination to determine that:
(1) The developer can convey or cause to be conveyed the interest in a retirement subdivision or community offered for disposition if the purchaser complies with the terms of the offer, and when appropriate, that release clauses, conveyances in trust, or other safeguards have been provided;
(2) There is reasonable assurance that all proposed improvements will be completed as represented;
(3) Such developer and managing agent have not, or if not an individual, its officers, directors, and principals have not, been convicted of a crime involving land dispositions or any aspect of the land sales business in this state, the United States, or any other state or foreign country and have not been subject to any injunction or administrative order restraining a false or misleading promotional plan involving land dispositions; and
(4) The public-offering statement and other requirements of sections 76-1301 to 76-1315 have been satisfied.
Source
Laws 1972, LB 1311, § 8;
Laws 2003, LB 61, § 7.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1309 - Effective date of registration; statement of record; suspension; when; hearing; when.

76-1309.
Effective date of registration; statement of record; suspension; when; hearing; when.
(1) Except as provided in subsection (3) of this section, the effective date of the registration of the retirement subdivision or community shall be the sixtieth day after the filing of the statement of record or such earlier date as the agency may determine, having due regard to the public interest and the protection of purchasers. If any amendment is filed prior to the effective date, the statement of record shall be deemed to have been filed when such amendment was filed.
(2) If it appears to the agency that the statement of record, or any amendment thereto, is on its face incomplete or inaccurate in any material aspect, the agency shall notify the developer prior to the date the registration would otherwise be effective. Such notification shall serve to suspend the effective date of the filing until the sixtieth day after the developer files such additional information as the agency shall require. If the developer fails to provide additional information as required by the agency within ninety days after receiving notice, the agency may deny the registration.
(3) Any developer, upon notice of suspension as identified in subsection (2) of this section or denial of registration, may within twenty days after the date of such notice file a request for hearing, and such hearing shall be held within forty-five days after the receipt of such request and in accordance with the rules and regulations promulgated by the agency.
Source
Laws 1972, LB 1311, § 9;
Laws 2003, LB 61, § 8.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1310 - Annual report; contents.

76-1310.
Annual report; contents.
Within thirty days after each annual anniversary date of an order registering a retirement subdivision or community, the developer or managing agent of such lands shall file a report in the form prescribed by the rules of the agency. The report shall include current audited financial statements, a current public offering statement, any amendments to the statement of record, and information concerning any adjudication of bankruptcy against the developer, the association, the managing agent, or any principal owning more than ten percent of the interest in the retirement subdivision or community, developer, association, or managing agent at the time of filing.
Source
Laws 1972, LB 1311, § 10;
Laws 2003, LB 61, § 9.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1311 - Rules and regulations; investigations.

76-1311.
Rules and regulations; investigations.
The agency shall adopt, amend, or repeal such rules and regulations as are necessary for the enforcement of the provisions of sections 76-1301 to 76-1315, in accordance with the Administrative Procedure Act, regarding the adoption of such rules and regulations. The agency shall thoroughly investigate all matters relating to the application and may require a personal inspection of the real estate by a person or persons designated by it. All expenses incurred by the agency in investigating such real estate and the proposed sale thereof shall be borne by the developer and the agency shall require a deposit sufficient to cover such expenses prior to incurring the same.
Source
Laws 1972, LB 1311, § 11.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1312 - Agency; powers.

76-1312.
Agency; powers.
(1) The agency may:
(a) Make necessary public or private investigations within or outside of this state to determine whether any person has violated or is about to violate the provisions of sections 76-1301 to 76-1315 or any rule or order under the provisions of sections 76-1301 to 76-1315, or to aid in the enforcement of the provisions of sections 76-1301 to 76-1315 or in the prescribing of rules and forms under the provisions of sections 76-1301 to 76-1315; and
(b) Require or permit any person to file a statement in writing, under oath or otherwise as the agency determines, as to all the facts and circumstances concerning the matter to be investigated.
(2) For the purpose of any investigation or proceeding under sections 76-1301 to 76-1315, the agency or any officer designated by rule may administer oaths or affirmations, and upon its own motion or upon request of any party shall subpoena witnesses, compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence.
Source
Laws 1972, LB 1311, § 12.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1314 - Agency order; appeal.

76-1314.
Agency order; appeal.
An order of the agency which has become final may be appealed in accordance with the Administrative Procedure Act.
Source
Laws 1972, LB 1311, § 14;
Laws 2003, LB 61, § 11.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1401 - Act, how cited.

76-1401.
Act, how cited.
Sections 76-1401 to 76-1449 shall be known and may be cited as the Uniform Residential Landlord and Tenant Act.
Source
Laws 1974, LB 293, § 1;
Laws 1991, LB 324, § 1;
Laws 2021, LB320, § 2.
Annotations
Procedures authorized by section 76-1401 et seq. provide a public housing tenant with all the required elements of due process prior to eviction, and a public housing tenant is not entitled to a prior grievance procedure where the eviction is based upon the tenant's creation or maintenance of a threat to the health or safety of other tenants or public housing authority employees. Housing Auth. of City of Lincoln v. Wolfe, 212 Neb. 657, 324 N.W.2d 891 (1982).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1402 - Purposes; rules of construction.

76-1402.
Purposes; rules of construction.
(1) The Uniform Residential Landlord and Tenant Act shall be liberally construed and applied to promote its underlying purposes and policies.
(2) Underlying purposes and policies of the act are:
(a) To simplify, clarify, modernize, and revise the law governing the rental of dwelling units and the rights and obligations of landlord and tenant;
(b) To encourage landlord and tenant to maintain and improve the quality of housing; and
(c) To make uniform the law among those states which enact it.
Source
Laws 1974, LB 293, § 2;
Laws 2001, LB 7, § 1.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1403 - Supplementary principles of law applicable.

76-1403.
Supplementary principles of law applicable.
Unless displaced by the provisions of the Uniform Residential Landlord and Tenant Act, the principles of law and equity, including the law relating to capacity to contract, mutuality of obligations, principal and agent, real property, public health, safety and fire prevention, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause, supplement the act's provisions.
Source
Laws 1974, LB 293, § 3;
Laws 2001, LB 7, § 2.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1404 - Construction against implicit repeal.

76-1404.
Construction against implicit repeal.
The Uniform Residential Landlord and Tenant Act being a general act intended as a unified coverage of its subject matter, no part of it is to be construed as impliedly repealed by subsequent legislation if that construction can reasonably be avoided.
Source
Laws 1974, LB 293, § 4;
Laws 2001, LB 7, § 3.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1405 - Remedies; administration and enforcement; duty to mitigate damages.

76-1405.
Remedies; administration and enforcement; duty to mitigate damages.
(1) The remedies provided by the Uniform Residential Landlord and Tenant Act shall be so administered that the aggrieved party may recover appropriate damages. The aggrieved party has a duty to mitigate damages.
(2) Any right or obligation declared by the Uniform Residential Landlord and Tenant Act is enforceable by action unless the provision declaring it specifies a different and limited effect.
Source
Laws 1974, LB 293, § 5;
Laws 2001, LB 7, § 4.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1406 - Settlement; authorized.

76-1406.
Settlement; authorized.
A claim or right arising under the Uniform Residential Landlord and Tenant Act or on a rental agreement may be settled by agreement.
Source
Laws 1974, LB 293, § 6;
Laws 2001, LB 7, § 5.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1407 - Jurisdiction; territorial application.

76-1407.
Jurisdiction; territorial application.
The Uniform Residential Landlord and Tenant Act applies to, regulates, and determines rights, obligations, and remedies under a rental agreement, wherever made, for a dwelling unit located within this state.
Source
Laws 1974, LB 293, § 7;
Laws 2001, LB 7, § 6.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1408 - Exclusions from application of act.

76-1408.
Exclusions from application of act.
Unless created to avoid the application of the Uniform Residential Landlord and Tenant Act, the following arrangements are not governed by the act:
(1) Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious, or similar service.
(2) Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to his or her interest.
(3) Occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization.
(4) Transient occupancy in a hotel or motel.
(5) Occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in and about the premises.
(6) Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative.
(7) Occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes.
(8) A lease of improved or unimproved residential land for a term of five years or more.
Source
Laws 1974, LB 293, § 8;
Laws 2001, LB 7, § 7.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1409 - Courts; jurisdiction.

76-1409.
Courts; jurisdiction.
The district or county court of this state may exercise jurisdiction over any landlord or tenant with respect to any conduct in this state governed by the Uniform Residential Landlord and Tenant Act or with respect to any claim arising from a transaction subject to the act for a dwelling unit located within its jurisdictional boundaries.
Source
Laws 1974, LB 293, § 9;
Laws 1983, LB 447, § 89;
Laws 1984, LB 13, § 84;
Laws 2001, LB 7, § 8.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1411 - Obligation of good faith.

76-1411.
Obligation of good faith.
Every duty under the Uniform Residential Landlord and Tenant Act and every act which must be performed as a condition precedent to the exercise of a right or remedy under the act imposes an obligation of good faith in its performance or enforcement.
Source
Laws 1974, LB 293, § 11;
Laws 2001, LB 7, § 9.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1412 - Unconscionability.

76-1412.
Unconscionability.
(1) If the court, as a matter of law, finds that a rental agreement or any provision thereof was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result.
(2) If unconscionability is put into issue by a party or by the court upon its own motion the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose, and effect of the rental agreement or settlement to aid the court in making the determination.
Source
Laws 1974, LB 293, § 12.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1413 - Notice.

76-1413.
Notice.
(1) A person has notice of a fact if (a) he has actual knowledge of it, (b) he has received a notice or notification of it, or (c) from all facts and circumstances known to him at the time in question he has reason to know that it exists. A person knows or has knowledge of a fact if he has actual knowledge of it.
(2) A person notifies or gives a notice or notification to another by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it. A person receives a notice or notification when (a) it comes to his attention, (b) in the case of the landlord, it is delivered at the place of business of the landlord through which the rental agreement was made or at any place held out by him as the place for receipt of the communication, or (c) in the case of the tenant, it is delivered in hand to the tenant or mailed to him at the place held out by him as the place for receipt of the communication, or in the absence of such designation, to his last-known place of residence.
(3) Notice, knowledge or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction, and in any event from the time it would have been brought to his attention if the organization had exercised reasonable diligence.
Source
Laws 1974, LB 293, § 13.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1415 - Prohibited provisions in rental agreements.

76-1415.
Prohibited provisions in rental agreements.
(1) No rental agreement may provide that the tenant:
(a) Agrees to waive or to forego rights or remedies under the Uniform Residential Landlord and Tenant Act;
(b) Authorizes any person to confess judgment on a claim arising out of the rental agreement;
(c) Agrees to pay the landlord's or tenant's attorney's fees; or
(d) Agrees to the exculpation or limitation of any liability of the landlord arising due to active and actionable negligence of the landlord or to indemnify the landlord for that liability arising due to active and actionable negligence or the costs connected therewith.
(2) A provision prohibited by subsection (1) of this section included in a rental agreement is unenforceable. If a landlord deliberately uses a rental agreement containing provisions known by him or her to be prohibited, the tenant may recover actual damages sustained by him or her and reasonable attorney's fees.
Source
Laws 1974, LB 293, § 15;
Laws 2001, LB 7, § 11.
Annotations
The Uniform Residential Landlord and Tenant Act applies only to residential leases and does not prohibit exculpatory clauses or limitations on the landlord's liability in commercial leases. Bedrosky v. Hiner, 230 Neb. 200, 430 N.W.2d 535 (1988).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1417 - Disclosure.

76-1417.
Disclosure.
(1) The landlord or any person authorized to enter into a rental agreement on his or her behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of:
(a) The person authorized to manage the premises; and
(b) An owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting for notices and demands.
(2) The information required to be furnished by this section shall be kept current and this section extends to and is enforceable against any successor landlord, owner, or manager.
(3) A person who fails to comply with subsection (1) of this section becomes an agent of each person who is a landlord for the purpose of:
(a) Service of process and receiving and receipting for notices and demands; and
(b) Performing the obligations of the landlord under the Uniform Residential Landlord and Tenant Act and under the rental agreement and expending or making available for the purpose all rent collected from the premises.
Source
Laws 1974, LB 293, § 17;
Laws 2001, LB 7, § 13.