reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1906 - Redemption of redemptive homestead; when allowed.

76-1906.
Redemption of redemptive homestead; when allowed.
(1) In an action against protected real estate for the foreclosure of any mortgage or trust deed described in section 76-1904 with respect to which no waiver or disclaimer of the right to make a designation of homestead has been made or is otherwise binding in accordance with section 76-1905, if any part of the homestead of the mortgagor or trustor is included in a decree directing a sale of the mortgaged premises or trust property, the mortgagor or trustor may request redemption of his or her redemptive homestead. Such request shall be made in a petition signed and sworn to by the mortgagor or trustor and filed in the foreclosure action not later than twenty days after entry of the decree of foreclosure.
(2) In any proceeding against protected real estate involving the exercise of a power of sale by a trustee under a trust deed described in section 76-1904 with respect to which no waiver or disclaimer of the right to make a designation of homestead has been made or is otherwise binding in accordance with section 76-1905, if any part of the homestead of the trustor is included in the notice of default filed in accordance with section 76-1006, the trustor may request redemption of his or her redemptive homestead. Such request shall be made in a petition signed and sworn to by the trustor and filed in the district court of the county where the trust property is located not later than two months following recordation of the notice of default.
(3) If protected real estate of a judgment debtor is subject to the lien of a judgment entered on or after November 21, 1986, and if no waiver or disclaimer of the right to make a designation of homestead is binding in accordance with section 76-1905, the judgment debtor may request redemption of his or her redemptive homestead. Such request shall be made in a petition signed and sworn to by the judgment debtor and filed in the district court of the county where the redemptive homestead is located not later than the date of the last publication of the notice required by section 25-1529.
Source
Laws 1986, Third Spec. Sess., LB 3, § 6;
Laws 1999, LB 43, § 27.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1907 - Petition; contents.

76-1907.
Petition; contents.
A petition filed pursuant to section 76-1906 shall:
(1) Set forth a designation of the homestead which shall, with respect to the redemptive homestead, be limited by the boundaries of any designation made pursuant to section 76-1904 in any mortgage or trust deed having priority under section 76-1905; and
(2) Include a written appraisal report prepared and signed by a credentialed real property appraiser setting forth the appraiser's opinion of value and basis for such opinion of the current market value of each of the following: (a) The protected real estate as a whole; (b) the redemptive homestead if sold separately from the balance of the protected real estate; and (c) the balance of the protected real estate if sold separately from the redemptive homestead.
Source
Laws 1986, Third Spec. Sess., LB 3, § 7;
Laws 1990, LB 1153, § 60;
Laws 1991, LB 203, § 5;
Laws 1994, LB 1107, § 5;
Laws 2006, LB 778, § 9.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1908 - Confirmation of redemption.

76-1908.
Confirmation of redemption.
If after trial as an action in equity the court finds: (1) That the petition provided for in section 76-1906 is filed in good faith and not for delay; (2) that the statements contained in the petition are true; and (3) that the requested redemption will not unreasonably affect the market value of the protected real estate exclusive of the redemptive homestead, then the court shall confirm the redemption.
Source
Laws 1986, Third Spec. Sess., LB 3, § 8;
Laws 2006, LB 778, § 10.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1909 - Redemption; payment by petitioner; failure to pay; effect; petitioner's equity; use; when allowed.

76-1909.
Redemption; payment by petitioner; failure to pay; effect; petitioner's equity; use; when allowed.
(1) Except as provided in subsection (2) of this section, an order confirming a requested homestead redemption shall direct the petitioner to pay into the court not later than ten days from the entry of such order a cash amount equal to the current market value of the redemptive homestead as found and determined by the court in its confirmation order. If the petitioner fails to make such payment, the court shall, upon its own motion or the motion of any party to the action, vacate the confirmation order, and all of the protected real estate shall then be subject to sale as provided by law, free of any redemptive or other right of the petitioner otherwise existing under the Farm Homestead Protection Act. The filing of a petition requesting redemption on the basis of the payment of a cash amount equal to the current market value of the redemptive homestead shall not constitute a waiver of any stay in effect or available to the petitioner under section 25-1506.
(2) Redemption based upon the petitioner's equity in the protected real estate shall be permitted when requested in the prayer of the petition and when the court specifically finds and determines in its confirmation order that the sum of all liens upon the protected real estate is equal to eighty-five percent or less of the current market value of that portion of the protected real estate exclusive of the redemptive homestead. If the court finds that the petitioner has sufficient equity as required by this subsection, the payment otherwise required by subsection (1) of this section shall be waived by the court in its order confirming the redemption. The filing of a petition requesting redemption on the basis of the petitioner's equity in the protected real estate as provided in this subsection shall constitute a waiver of any stay in effect or available to the petitioner under section 25-1506.
Source
Laws 1986, Third Spec. Sess., LB 3, § 9;
Laws 2006, LB 778, § 11.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1910 - Filing of petition; effect; petitioner's rights.

76-1910.
Filing of petition; effect; petitioner's rights.
(1) The filing of a petition as provided in section 76-1906 shall not delay or preclude the holder of a mortgage, trust deed, or judgment lien, referred to in such section, from causing a sale as otherwise permitted by law of that portion of the protected real estate exclusive of the redemptive homestead described in the petition.
(2) Upon (a) payment of the market value of the redemptive homestead as provided in subsection (1) of section 76-1909 or (b) confirmation of a requested redemption on the basis of the petitioner's equity in the protected real estate pursuant to subsection (2) of section 76-1909, the petitioner shall be entitled to retain his or her interest in the redemptive homestead free of the lien of the mortgage or trust deed or the judgment lien, against which the petition for redemption was filed, and free of any other lien held therein by any party to the action.
Source
Laws 1986, Third Spec. Sess., LB 3, § 10;
Laws 2006, LB 778, § 12.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1911 - Prior lien; validity.

76-1911.
Prior lien; validity.
No action on any petition filed in accordance with section 76-1906 nor any order of confirmation entered thereon shall at any time affect or impair any prior lien upon agricultural land under any mortgage or trust deed executed or judgment rendered prior to November 21, 1986, and no redemptive right created by the Farm Homestead Protection Act shall exist with respect to any such mortgage, trust deed, or judgment.
Source
Laws 1986, Third Spec. Sess., LB 3, § 11.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1912 - Mortgage foreclosure; two sales; procedure.

76-1912.
Mortgage foreclosure; two sales; procedure.
(1) In an action for the foreclosure of a mortgage upon agricultural land which was recorded prior to November 21, 1986, or a mortgage recorded on or after November 21, 1986, in which the right to designate a homestead has been waived or disclaimed pursuant to section 76-1904, if any part of the homestead of the mortgagor is included in a decree directing a sale of the mortgaged premises, upon request of the mortgagor, the mortgaged premises shall be offered in separate sales. The first sale shall be en masse and, immediately thereafter, at the same location, the premises shall again be sold. At the second sale, the mortgaged premises shall be sold in two separate parcels with the homestead designated in the mortgagor's request being the last parcel to be sold. The sheriff or other person authorized by the court to sell the mortgaged premises shall make return of both sales. The court shall confirm, subject to the provisions of section 25-1531, the sale upon which the greater amount is realized, except that if in the second sale by parcels the mortgagor bids for his or her designated homestead, and if, by virtue of the price bid by the mortgagor for such homestead, the aggregate amount realized in the second sale equals or exceeds the amount realized from the first sale en masse or the amount of the decree, whichever is less, then the court shall confirm the sale by parcels and the mortgagor shall be the purchaser of his or her designated homestead.
(2) The mortgagor's request shall be signed and acknowledged by the mortgagor and filed with the clerk of the court within twenty days after entry of the decree of foreclosure.
(3) The mortgagor's request shall include his or her designation of homestead.
Source
Laws 1986, Third Spec. Sess., LB 3, § 12;
Laws 1999, LB 43, § 28.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1913 - Trust deed; notice of default; two sales; procedure.

76-1913.
Trust deed; notice of default; two sales; procedure.
(1) If any part of the homestead of the trustor is included in a description of agricultural land set forth in a notice of default under a trust deed recorded prior to November 21, 1986, or a trust deed recorded on or after November 21, 1986, in which the trustor has waived or disclaimed the right to designate a homestead pursuant to section 76-1904, upon request by the trustor, such property shall be offered in two separate sales in the manner set forth in section 76-1009. The first sale shall be en masse and, immediately thereafter, at the same location, the property shall again be sold. In the second sale, the property shall be sold in separate parcels with the homestead designated in the trustor's request being the last parcel to be sold. The property shall be sold to the highest bidder or bidders at the sale producing the greatest aggregate price, except that if at the second sale by parcels the trustor bids for his or her designated homestead, and if, by virtue of the price bid by the trustor for such homestead, the aggregate price realized in the second sale equals or exceeds the price realized from the first sale en masse or the amount sufficient to satisfy the cost and expenses described in section 76-1011 and the obligation secured by the trust deed and all other indebtedness secured by subordinate liens and encumbrances, whichever is less, then the trustor shall be the purchaser of the homestead parcel and entitled to a trustee's deed thereto and the balance of the property shall be sold to the highest bidder therefor at the second sale by parcels.
(2) The trustor's request shall identify the trust deed by giving the book and page or computer system reference where the same is recorded and shall be signed and acknowledged by the trustor and filed for record in the office of the register of deeds of each county where the trust property or some part or parcel thereof is situated within two months of the filing for record of the notice of default.
(3) The trustor's request shall include his or her designation of homestead.
Source
Laws 1986, Third Spec. Sess., LB 3, § 13.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1914 - Act, how construed.

76-1914.
Act, how construed.
The Farm Homestead Protection Act shall not be construed to impair any right of a judgment debtor to claim and receive the dollar amount of the exemption afforded to the holder of the homestead under section 40-101.
Source
Laws 1986, Third Spec. Sess., LB 3, § 14.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1915 - Successor in interest; rights; when available.

76-1915.
Successor in interest; rights; when available.
The rights afforded to a mortgagor or trustor under the Farm Homestead Protection Act shall be available for the protection of the homestead of his or her successor in interest in the mortgaged premises or trust property only if the successor has entered into an agreement signed and acknowledged by the mortgagee or beneficiary and by the successor for the assumption and full performance by the successor of the obligations secured by the mortgage or trust deed.
Source
Laws 1986, Third Spec. Sess., LB 3, § 15.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1916 - Sale or conveyance; exempt from subdivision requirements.

76-1916.
Sale or conveyance; exempt from subdivision requirements.
(1) A sale or conveyance of agricultural land in parcels pursuant to any action on a petition filed pursuant to section 76-1906, (2) a foreclosure sale of mortgaged premises in parcels pursuant to section 76-1912 or 76-1913 or a decree entered under section 25-2138, or (3) a conveyance by deed executed by the owner to a mortgagee or trustee in lieu of foreclosure or exercise of the trustee's power of sale shall be exempt from the requirements of subdivision approval contained in sections 14-116, 15-901, 16-902, 17-1002, 23-174.03, and 23-373 and shall not constitute a subdivision as defined in sections 14-116, 15-901, 19-921, 23-174.03, and 23-372.
Source
Laws 1986, Third Spec. Sess., LB 3, § 16.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2002 - Statutory rule against perpetuities.

76-2002.
Statutory rule against perpetuities.
(a) A nonvested property interest is invalid unless:
(1) When the interest is created, it is certain to vest or terminate no later than twenty-one years after the death of an individual then alive; or
(2) The interest either vests or terminates within ninety years after its creation.
(b) A general power of appointment not presently exercisable because of a condition precedent is invalid unless:
(1) When the power is created, the condition precedent is certain to be satisfied or become impossible to satisfy no later than twenty-one years after the death of an individual then alive; or
(2) The condition precedent either is satisfied or becomes impossible to satisfy within ninety years after its creation.
(c) A nongeneral power of appointment or a general testamentary power of appointment is invalid unless:
(1) When the power is created, it is certain to be irrevocably exercised or otherwise to terminate no later than twenty-one years after the death of an individual then alive; or
(2) The power is irrevocably exercised or otherwise terminates within ninety years after its creation.
(d) In determining whether a nonvested property interest or a power of appointment is valid under subdivision (a)(1), (b)(1), or (c)(1) of this section, the possibility that a child will be born to an individual after the individual's death is disregarded.
Source
Laws 1989, LB 377, § 2.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2003 - When nonvested property interest or power of appointment created.

76-2003.
When nonvested property interest or power of appointment created.
(a) Except as provided in subsections (b) and (c) of this section and subsection (a) of section 76-2006, the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law.
(b) For purposes of the Uniform Statutory Rule Against Perpetuities Act, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of (i) a nonvested property interest or (ii) a property interest subject to a power of appointment described in subsection (a) or (b) of section 76-2002, the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates.
(c) For purposes of the act, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.
Source
Laws 1989, LB 377, § 3.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2004 - Reformation of disposition.

76-2004.
Reformation of disposition.
Upon the petition of an interested person, a county court in a proceeding described in section 30-2211 or 30-3812 or a district court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the ninety years allowed by subdivision (a)(2), (b)(2), or (c)(2) of section 76-2002 if:
(1) A nonvested property interest or a power of appointment becomes invalid under section 76-2002;
(2) A class gift is not but might become invalid under section 76-2002 and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or
(3) A nonvested property interest that is not validated by subdivision (a)(1) of section 76-2002 can vest but not within ninety years after its creation.
Source
Laws 1989, LB 377, § 4;
Laws 2003, LB 130, § 138.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2006 - Prospective application.

76-2006.
Prospective application.
(a) Except as extended by subsection (b) of this section, the Uniform Statutory Rule Against Perpetuities Act applies to a nonvested property interest or a power of appointment that is created on or after August 25, 1989. For purposes of this section, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable.
(b) If a nonvested property interest or a power of appointment was created before August 25, 1989, and is determined in a judicial proceeding, commenced on or after such date, to violate this state's rule against perpetuities as that rule existed before such date, a county court in a proceeding described in section 30-2211 or 30-3812 or a district court upon the petition of an interested person may reform the disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created.
Source
Laws 1989, LB 377, § 6;
Laws 2003, LB 130, § 139.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2007 - Uniformity of application and construction.

76-2007.
Uniformity of application and construction.
The Uniform Statutory Rule Against Perpetuities Act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of the act among states enacting it.
Source
Laws 1989, LB 377, § 7.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2103 - Membership camping contract; registration required.

76-2103.
Membership camping contract; registration required.
A person shall not offer or sell a membership camping contract in this state unless the membership camping contract is covered by a membership camping registration as provided in the Membership Campground Act or the transaction is exempt under section 76-2106.
Source
Laws 1990, LB 656, § 3.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2104 - Prohibited acts.

76-2104.
Prohibited acts.
No person shall, in connection with the offering, sale, or lease of an interest in a membership campground:
(1) Employ any device, scheme, or artifice to defraud;
(2) Make any untrue statement of a material fact;
(3) Fail to state a material fact necessary to make a statement clear;
(4) Issue, circulate, or publish any prospectus, circular, advertisement, printed matter, document, pamphlet, leaflet, or other literature containing an untrue statement of a material fact or that fails to state a material fact necessary to make the statements on the literature clear;
(5) Issue, circulate, or publish any advertising matter or make any written representation unless the name of the person issuing, circulating, or publishing the matter or making the representation is clearly indicated; or
(6) Make any statement or representation or issue, circulate, or publish any advertising matter containing any statement that the membership campground has been in any way approved by the commission except in conjunction with a public report issued by the commission.
Source
Laws 1990, LB 656, § 4.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2106 - Exemptions from registration.

76-2106.
Exemptions from registration.
The following transactions shall be exempt from registration:
(1) The offer, sale, or transfer by any one person of not more than one membership camping contract in any twelve-month period;
(2) The offer or sale by a government, government agency, or other subdivision of government;
(3) The bona fide pledge of a membership camping contract; and
(4) Transactions subject to regulation pursuant to the Nebraska Time-Share Act.
Source
Laws 1990, LB 656, § 6.
Cross References
Nebraska Time-Share Act, see section 76-1701.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2107 - Application for registration; effective; when.

76-2107.
Application for registration; effective; when.
The application for registration shall become effective automatically upon the expiration of forty-five calendar days following filing of a completed application with the commission unless one of the following occurs:
(1) The application is denied under section 76-2108;
(2) The commission grants the registration effective as of an earlier date; or
(3) The applicant consents to a delay of the effective date.
If the commission requests additional information with respect to the application, the application shall become effective upon the expiration of fifteen business days following the filing with the commission of the additional information or forty-five days after the original filing, whichever is later, unless an order pursuant to section 76-2108 is issued or unless declared effective on an earlier date by order of the commission.
Source
Laws 1990, LB 656, § 7.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2108 - Denial, suspension, or revocation; when; order; hearing.

76-2108.
Denial, suspension, or revocation; when; order; hearing.
The commission may by order deny a membership camping operator's application or suspend or revoke his or her registration if the commission finds that the order is for the protection of prospective purchasers or purchasers of membership camping contracts or that one of the following applies:
(1) The membership camping operator's advertising, sales techniques, or trade practices have been or are deceptive, false, or misleading;
(2) The membership camping operator is not financially responsible or has insufficient capital to warrant its offering or selling membership camping contracts in this state. The commission may require a surety bond or, if one is unobtainable, other evidence of financial assurances satisfactory to the commission;
(3) The membership camping operator's application for registration or an amendment to the registration is incomplete in a material respect;
(4) The membership camping operator has failed to file timely amendments to the application for registration as required by subsection (4) of section 76-2105;
(5) The membership camping operator has failed to comply with any provision of the Membership Campground Act that materially affects the rights of purchasers, prospective purchasers, or owners of membership camping contracts;
(6) The membership camping operator has made a false or misleading representation or concealed material facts in any document or information filed with the commission; or
(7) The membership camping operator has represented or is representing to purchasers in connection with the offer to sell membership camping contracts that a particular facility is planned without reasonable expectation that the facility will be completed within a reasonable time or without the apparent means to ensure its completion.
An order denying an application or suspending or revoking a registration shall be sent by certified mail, return receipt requested, to the applicant or registrant. The applicant or registrant shall have thirty calendar days from the date the order was mailed to request a hearing. If a hearing is not requested within thirty days and is not ordered by the commission, the order shall remain in effect until modified or vacated by the commission, except that if the commission finds that the public health, safety, or welfare imperatively requires emergency action and incorporates a finding to that effect in the order, summary suspension of a membership camping operator's registration may be ordered. If the membership camping operator desires to contest the summary order, the membership camping operator shall request a hearing within fifteen calendar days of service of the summary order. If so requested, the hearing shall be instituted within twenty calendar days of the request, and the contest of the summary order shall be promptly determined.
Source
Laws 1990, LB 656, § 8.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2109 - Fees.

76-2109.
Fees.
Each application for registration and each application for amendment or renewal of a registration shall be accompanied by a fee not to exceed three hundred dollars as determined by the commission which shall be sufficient to defray the costs of administering the Membership Campground Act.
Source
Laws 1990, LB 656, § 9.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2111 - Membership camping contract; delivery required; contents.

76-2111.
Membership camping contract; delivery required; contents.
The membership camping operator shall deliver to the purchaser a fully executed copy of a membership camping contract in writing, which contract shall include at least the following information:
(1) The name of the membership camping operator and the address of its principal place of business;
(2) The actual date the membership camping contract was executed by the purchaser;
(3) The total financial obligation imposed on the purchaser by the contract, including the initial purchase price and any additional charge the purchaser may be required to pay;
(4) A statement that the membership camping operator is required by law to provide each purchaser with a copy of the membership camping operator's disclosure statement prior to execution of the contract and that failure to do so is a violation of the law;
(5) The full name of each salesperson involved in the execution of the membership camping contract; and
(6) In immediate proximity to the space reserved for the purchaser's signature, a conspicuous statement printed in double-spaced, boldface type of a minimum size of ten points:
YOU, THE PURCHASER, MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR OBLIGATION AT ANY TIME WITHIN THREE BUSINESS DAYS FOLLOWING THE DATE OF EXECUTION OF THE CONTRACT OR THE RECEIPT OF THE DISCLOSURE STATEMENT FROM THE MEMBERSHIP CAMPING OPERATOR, WHICHEVER EVENT OCCURS LATER. TO CANCEL THE CONTRACT, HAND DELIVER OR MAIL A POSTAGE PREPAID WRITTEN CANCELLATION TO THE MEMBERSHIP CAMPING OPERATOR AT THE ADDRESS LISTED ON THIS CONTRACT. UPON CANCELLATION AND RETURN OF ALL MEMBERSHIP AND RECIPROCAL-USE PROGRAM MATERIALS FURNISHED AT THE TIME OF PURCHASE, YOU WILL RECEIVE A REFUND OF ALL MONEY PAID WITHIN THIRTY CALENDAR DAYS AFTER THE MEMBERSHIP CAMPING OPERATOR RECEIVES NOTICE OF YOUR CANCELLATION.
Source
Laws 1990, LB 656, § 11.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2112 - Membership camping contract; right to cancel; effect; duties.

76-2112.
Membership camping contract; right to cancel; effect; duties.
A purchaser shall have the right to cancel a membership camping contract within three business days following the date the contract is executed or within three business days following the date of delivery of the written disclosure statement required by section 76-2110, whichever is later. The right to cancel may not be waived and any attempt to obtain such a waiver shall be unlawful and considered a violation of the Membership Campground Act.
A purchaser may cancel the contract by hand delivering a written statement of cancellation or by mailing, postage prepaid, such a statement to the membership camping operator. The cancellation shall be deemed effective upon mailing.
Upon cancellation and return of all membership and reciprocal-use materials furnished at the time of purchase, the membership camping operator shall refund to the purchaser all payments and other consideration given by the purchaser. The refund shall be made within thirty calendar days after the membership camping operator receives notice of the cancellation and may, when payment has been made by credit card, be made by an appropriate credit to the purchaser's account. If the membership camping operator fails to refund the payment or other consideration given within the thirty-day period, it shall be presumed that the membership camping operator is willfully and wrongfully retaining the payment or other consideration. The willful and wrongful retention of a payment or other consideration in violation of this section shall render the membership camping operator liable for the amount of that portion of the payment or other consideration withheld from the purchaser, together with reasonable attorney's fees and court costs.
The membership camping operator or salesperson shall orally inform the purchaser at the time the contract is executed of the right to cancel the contract as provided in this section.
Source
Laws 1990, LB 656, § 12.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2113 - Purchaser's remedies; attorney's fees and court costs.

76-2113.
Purchaser's remedies; attorney's fees and court costs.
A purchaser's remedy for errors in or omissions from the membership camping contract, the materials delivered to the purchaser at the time of sale, or any of the disclosures required in section 76-2117 shall be limited to a right of cancellation and refund of the payment made or consideration given by the purchaser, except that such limitation shall not apply to errors or omissions from the contract or disclosures or other requirements of the Membership Campground Act which are part of a scheme to willfully misstate or omit the information required. Reasonable attorney's fees and court costs shall be awarded to the prevailing party in any action under this section.
Source
Laws 1990, LB 656, § 13.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2114 - Salesperson; registration required; exemption; violation; penalty.

76-2114.
Salesperson; registration required; exemption; violation; penalty.
(1) Unless the transaction is exempt under section 76-2106, it shall be unlawful for any person to act as a salesperson in this state without first registering as a salesperson pursuant to section 76-2115. Persons licensed as real estate brokers or real estate salespersons under the Nebraska Real Estate License Act shall be exempt from registration under this section.
(2) Any person violating this section shall be guilty of a Class II misdemeanor.
Source
Laws 1990, LB 656, § 14.
Cross References
Nebraska Real Estate License Act, see section 81-885.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2115 - Salesperson registration; application; contents; denial, suspension, or revocation; grounds; renewal; fee.

76-2115.
Salesperson registration; application; contents; denial, suspension, or revocation; grounds; renewal; fee.
(1) A salesperson may apply for registration by filing with the commission an application which includes the following information:
(a) A statement detailing whether the applicant within the past five years has been convicted of any misdemeanor or felony involving theft, fraud, or dishonesty or whether the applicant has been enjoined from, had any civil penalty assessed for, or been found to have engaged in any violation of any law designed to protect consumers; and
(b) A statement describing the applicant's employment history for the past five years and whether any termination of employment during the last five years was occasioned by any theft, fraud, or act of dishonesty.
(2) Each application for initial registration shall provide to the commission as part of the application a recent photograph of the applicant.
(3) The commission may deny a salesperson's application for registration or suspend or revoke his or her registration if the commission finds that the order is necessary for the protection of purchasers or owners of membership camping contracts or that the registrant or applicant within the past five years:
(a) Has been convicted of any misdemeanor or felony involving theft, fraud, or act of dishonesty or has been enjoined from, had any civil penalty assessed for, or been found to have engaged in any violation of any law designed to protect consumers;
(b) Has violated any material provision of the Membership Campground Act; or
(c) Has engaged in fraudulent or deceitful practices in any industry involving sales to consumers.
(4) Registration shall be effective for a period of one year. Registration shall be renewed annually by the filing of a form prescribed by the commission for such purpose. The registration application or the renewal application shall be accompanied by a fee of fifty dollars and shall automatically become effective upon the expiration of seven business days following filing with the commission unless:
(a) The application has been denied under subsection (3) of this section;
(b) The commission allows the registration to become effective on an earlier date; or
(c) The applicant or registrant consents to delay of the effective date.
Source
Laws 1990, LB 656, § 15.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2118 - Injunctions authorized.

76-2118.
Injunctions authorized.
Whenever in the judgment of the commission any person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of the Membership Campground Act, the Attorney General may maintain an action in the name of the State of Nebraska in the district court of the county in which such violation or threatened violation occurred or in the district court of Lancaster County to abate and temporarily and permanently enjoin such acts and practices and to enforce compliance with the Membership Campground Act. The Attorney General shall not be required to give any bond nor shall any court costs be adjudged against the state.
Source
Laws 1990, LB 656, § 18.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2119 - Civil penalty authorized.

76-2119.
Civil penalty authorized.
The Attorney General may seek a civil penalty of not more than ten thousand dollars for each violation of the Membership Campground Act in the district court of Lancaster County. Each day of continued violation shall constitute a separate offense.
Source
Laws 1990, LB 656, § 19.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2120 - Applicability of other law.

76-2120.
Applicability of other law.
A membership camping contract or an offer or a sale of a membership camping contract shall not be subject to the Securities Act of Nebraska or the Nebraska Time-Share Act.
Source
Laws 1990, LB 656, § 20.
Cross References
Nebraska Time-Share Act, see section 76-1701.
Securities Act of Nebraska, see section 8-1123.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2201 - Act, how cited.

76-2201.
Act, how cited.
Sections 76-2201 to 76-2250 shall be known and may be cited as the Real Property Appraiser Act.
Source
Laws 1990, LB 1153, § 1;
Laws 1991, LB 203, § 6;
Laws 1994, LB 1107, § 6;
Laws 1999, LB 618, § 1;
Laws 2001, LB 162, § 1;
Laws 2006, LB 778, § 13;
Laws 2014, LB717, § 1;
Laws 2015, LB139, § 1;
Laws 2016, LB729, § 1;
Laws 2018, LB741, § 1;
Laws 2022, LB707, § 47.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2202 - Legislative findings.

76-2202.
Legislative findings.
The Legislature finds that as a result of the enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act and the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, Nebraska's laws providing for regulation of real property appraisers require restructuring and updating in order to comply with such acts. Compliance with the acts is necessary to ensure an adequate number of real property appraisers in Nebraska to conduct appraisals of real estate involved in federally related transactions as defined in such acts.
Source
Laws 1990, LB 1153, § 2;
Laws 1991, LB 203, § 7;
Laws 1994, LB 1107, § 7;
Laws 2006, LB 778, § 14;
Laws 2010, LB931, § 1;
Laws 2012, LB714, § 1;
Laws 2014, LB717, § 2;
Laws 2015, LB139, § 2;
Laws 2016, LB731, § 1;
Laws 2018, LB741, § 2;
Laws 2020, LB808, § 53.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2203 - Definitions, where found.

76-2203.
Definitions, where found.
For purposes of the Real Property Appraiser Act, the definitions found in sections 76-2203.01 to 76-2219.02 shall be used.
Source
Laws 1990, LB 1153, § 3;
Laws 1991, LB 203, § 8;
Laws 1994, LB 1107, § 8;
Laws 1999, LB 618, § 2;
Laws 2001, LB 162, § 2;
Laws 2006, LB 778, § 15;
Laws 2014, LB717, § 3;
Laws 2015, LB139, § 3;
Laws 2018, LB741, § 3;
Laws 2022, LB707, § 48.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2203.01 - Accredited degree-awarding community college, college, or university, defined.

76-2203.01.
Accredited degree-awarding community college, college, or university, defined.
Accredited degree-awarding community college, college, or university means an institution that is approved or accredited by an accreditation association or agency recognized by the United States Secretary of Education.
Source
Laws 2014, LB717, § 4;
Laws 2021, LB528, § 17.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2204 - Appraisal, defined.

76-2204.
Appraisal, defined.
Appraisal means (1) as a noun, an opinion of value or the act or process of developing an opinion of value or (2) as an adjective, pertaining to appraising and related functions such as real property appraisal practice. An appraisal is numerically expressed as a specific amount, as a range of numbers, or as a relationship to a previous value opinion or numerical benchmark.
Source
Laws 1990, LB 1153, § 4;
Laws 2001, LB 162, § 3;
Laws 2006, LB 778, § 16;
Laws 2015, LB139, § 4;
Laws 2020, LB808, § 54.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2205 - Appraisal Foundation, defined.

76-2205.
Appraisal Foundation, defined.
Appraisal Foundation means The Appraisal Foundation that was incorporated as an Illinois not-for-profit corporation on November 30, 1987.
Source
Laws 1990, LB 1153, § 5;
Laws 2006, LB 778, § 17;
Laws 2015, LB139, § 5.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2205.02 - Appraisal review, defined.

76-2205.02.
Appraisal review, defined.
Appraisal review means (1) as a noun, the act or process of developing an opinion about the quality of a real property appraiser's work that was performed as part of real property appraisal practice or (2) as an adjective, of or pertaining to an opinion about the quality of another real property appraiser's work that was performed as part of real property appraisal practice.
Source
Laws 2015, LB139, § 7;
Laws 2018, LB741, § 4;
Laws 2020, LB808, § 55.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2205.03 - Appraiser Qualifications Board, defined.

76-2205.03.
Appraiser Qualifications Board, defined.
Appraiser Qualifications Board means the Appraiser Qualifications Board of the Appraisal Foundation.
Source
Laws 2015, LB139, § 8.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2207.01 - Assignment, defined.

76-2207.01.
Assignment, defined.
Assignment means a valuation service that is performed by a real property appraiser as a consequence of an agreement with a client.
Source
Laws 2015, LB139, § 9;
Laws 2018, LB741, § 5;
Laws 2020, LB808, § 56.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2207.17 - Assignment results, defined.

76-2207.17.
Assignment results, defined.
Assignment results means the opinions or conclusions, not limited to value, developed by a real property appraiser when performing valuation services specific to real property appraisal practice.
Source
Laws 2018, LB741, § 6;
Laws 2020, LB808, § 57.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2207.18 - Board, defined.

76-2207.18.
Board, defined.
Board means the Real Property Appraiser Board.
Source
Laws 1990, LB 1153, § 8;
Laws 1991, LB 203, § 11;
Laws 2006, LB 778, § 21;
R.S.1943, (2009), § 76-2208;
Laws 2015, LB139, § 10;
R.S.Supp.,2016, § 76-2207.02;
Laws 2018, LB741, § 7.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2207.19 - Certified general real property appraiser, defined.

76-2207.19.
Certified general real property appraiser, defined.
Certified general real property appraiser means a person who holds a valid credential as a certified general real property appraiser issued under the Real Property Appraiser Act.
Source
Laws 1990, LB 1153, § 10;
Laws 1991, LB 203, § 13;
Laws 1994, LB 1107, § 10;
Laws 2006, LB 778, § 23;
Laws 2007, LB186, § 1;
R.S.1943, (2009), § 76-2210;
Laws 2015, LB139, § 11;
R.S.Supp.,2016, § 76-2207.03;
Laws 2018, LB741, § 8.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2207.20 - Certified real property appraiser, defined.

76-2207.20.
Certified real property appraiser, defined.
Certified real property appraiser means a person who holds a valid credential as a certified general real property appraiser or a valid credential as a certified residential real property appraiser issued under the Real Property Appraiser Act.
Source
Laws 1994, LB 1107, § 11;
Laws 2006, LB 778, § 24;
Laws 2007, LB186, § 2;
R.S.1943, (2009), § 76-2210.01;
Laws 2015, LB139, § 12;
R.S.Supp.,2016, § 76-2207.04;
Laws 2018, LB741, § 9.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2207.21 - Certified residential real property appraiser, defined.

76-2207.21.
Certified residential real property appraiser, defined.
Certified residential real property appraiser means a person who holds a valid credential as a certified residential real property appraiser issued under the Real Property Appraiser Act.
Source
Laws 1994, LB 1107, § 12;
Laws 2006, LB 778, § 25;
Laws 2007, LB186, § 3;
R.S.1943, (2009), § 76-2210.02;
Laws 2015, LB139, § 13;
R.S.Supp.,2016, § 76-2207.05;
Laws 2018, LB741, § 10.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2207.22 - Client, defined.

76-2207.22.
Client, defined.
Client means the person or persons who engage a real property appraiser by employment or contract in a specific assignment whether directly or through an agent.
Source
Laws 2015, LB139, § 14;
R.S.Supp.,2016, § 76-2207.06;
Laws 2018, LB741, § 11;
Laws 2020, LB808, § 58.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2207.23 - Completed application, defined.

76-2207.23.
Completed application, defined.
Completed application means an application for credentialing has been processed, all statutory requirements for a credential to be issued have been met by the applicant, and all required documentation is submitted to the board for final consideration.
Source
Laws 2014, LB717, § 5;
R.S.Supp.,2014, § 76-2210.03;
Laws 2015, LB139, § 15;
R.S.Supp.,2016, § 76-2207.07;
Laws 2018, LB741, § 12;
Laws 2022, LB707, § 49.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2207.24 - Complex residential real property, defined.

76-2207.24.
Complex residential real property, defined.
Complex residential real property means residential property in which the property to be appraised, the form of ownership, or the market conditions are complicated or atypical.
Source
Laws 2014, LB717, § 6;
R.S.Supp.,2014, § 76-2211;
Laws 2015, LB139, § 16;
R.S.Supp.,2016, § 76-2207.08;
Laws 2018, LB741, § 13.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2207.25 - Credential, defined.

76-2207.25.
Credential, defined.
Credential means a registration, license, or certificate.
Source
Laws 2001, LB 162, § 6;
Laws 2006, LB 778, § 28;
R.S.1943, (2009), § 76-2211.02;
Laws 2015, LB139, § 17;
R.S.Supp.,2016, § 76-2207.09;
Laws 2018, LB741, § 14.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2207.26 - Credential holder, defined.

76-2207.26.
Credential holder, defined.
Credential holder means (1) any person who holds a valid credential as a trainee real property appraiser, licensed real property appraiser, certified residential real property appraiser, or certified general real property appraiser and (2) any person who holds a temporary credential to engage in real property appraisal practice within this state.
Source
Laws 2015, LB139, § 18;
R.S.Supp.,2016, § 76-2207.10;
Laws 2018, LB741, § 15;
Laws 2020, LB808, § 59.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2207.27 - Education provider, defined.

76-2207.27.
Education provider, defined.
Education provider means: Any real property appraisal or real-estate-related organization; proprietary school; accredited degree-awarding community college, college, or university; state or federal agency; or such other provider that may be approved by the board that provides real property appraiser training or education.
Source
Laws 2015, LB139, § 19;
R.S.Supp.,2016, § 76-2207.11;
Laws 2018, LB741, § 16;
Laws 2019, LB77, § 1;
Laws 2020, LB808, § 60.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2207.28 - Evaluation assignment, defined.

76-2207.28.
Evaluation assignment, defined.
Evaluation assignment means an assignment that relates to the nature, quality, or utility of identified real estate or identified real property and typically does not include an opinion of value. Evaluation assignment does not include reports prepared by experts from professional disciplines other than real property appraisal such as: A soil test or soil analysis of identified real estate prepared by a civil engineer; a title opinion or zoning analysis of identified real estate prepared by a lawyer; an architectural analysis of identified improved real estate prepared by an architect; and a property management analysis of identified improved real estate prepared by a property manager or property management consultant.
Source
Laws 1990, LB 1153, § 12;
Laws 1991, LB 203, § 15;
Laws 1994, LB 1107, § 13;
Laws 2006, LB 778, § 29;
R.S.1943, (2009), § 76-2212;
Laws 2015, LB139, § 20;
R.S.Supp.,2016, § 76-2207.12;
Laws 2018, LB741, § 17.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-2207.29 - Fifteen-hour National Uniform Standards of Professional Appraisal Practice Course, defined.

76-2207.29.
Fifteen-hour National Uniform Standards of Professional Appraisal Practice Course, defined.
Fifteen-hour National Uniform Standards of Professional Appraisal Practice Course means the course as approved by the Appraiser Qualifications Board.
Source
Laws 2014, LB717, § 7;
R.S.Supp.,2014, § 76-2212.01;
Laws 2015, LB139, § 21;
Laws 2016, LB731, § 2;
R.S.Supp.,2016, § 76-2207.13;
Laws 2018, LB741, § 18.