reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 51 - Libraries and Museums › 51-702 - Terms, defined.

51-702.
Terms, defined.
For purposes of the Museum Property Act:
(1) Claimant means a person who files a notice of intent to preserve an interest in property on loan to a museum as provided in section 51-706;
(2) Claimant's address means the most recent address as shown on a notice of intent to preserve an interest in property on loan to a museum or notice of change of address, which notice is on file with the museum;
(3) Lender means a person whose name appears on the records of the museum as the person legally entitled to or claiming to be legally entitled to property held by the museum;
(4) Lender's address means the most recent address as shown on the museum's records pertaining to the property on loan from the lender;
(5) Loan means a deposit of property not accompanied by a transfer of permanent title to the property;
(6) Museum means an institution located in Nebraska and operated by a nonprofit corporation or a public agency, primarily for educational, scientific, historic preservation, or aesthetic purposes, and which owns, borrows, cares for, exhibits, studies, archives, or catalogs property. Museum includes, but is not limited to, historical societies, historic sites or landmarks, parks, monuments, libraries, and zoos;
(7) Permanent loan means a loan of property to a museum for an indefinite period;
(8) Property means a tangible object, animate or inanimate, under a museum's care, which has intrinsic historic, artistic, scientific, or cultural value; and
(9) Undocumented property means property in the possession of a museum for which the museum cannot determine the owner by reference to the museum's records.
Source
Laws 1996, LB 1276, § 2.
2023 Nebraska Revised Statutes › Chapter 51 - Libraries and Museums › 51-703 - Notice; contents.

51-703.
Notice; contents.
(1) In addition to any other information prescribed for a particular notice, each notice given pursuant to the Museum Property Act shall contain the following information:
(a) The lender's or claimant's name as appropriate;
(b) The lender's last-known address or the claimant's last-known address as appropriate;
(c) A brief description of the property on loan;
(d) The date of the loan, if known;
(e) The name of the museum; and
(f) The name, address, and telephone number of the appropriate person or office to be contacted regarding the property.
(2) Each notice given by a museum pursuant to the act shall be mailed to the lender's and any claimant's last-known address by restricted certified mail. Notice is deemed given if the museum receives proof of receipt within thirty days after mailing the notice.
(3) Notice may be given by publication if the museum does not:
(a) Know the identity of the lender;
(b) Have the address or telephone number for the lender or the address or telephone number for the claimant; or
(c) Receive proof of receipt of the notice by the person to whom the notice was sent within thirty days after the notice was mailed.
(4) Notice by publication must be given at least once each week for three consecutive weeks in a newspaper of general circulation in both the county where the museum is located and the county of the lender's or claimant's address, if any.
Source
Laws 1996, LB 1276, § 3.
2023 Nebraska Revised Statutes › Chapter 51 - Libraries and Museums › 51-704 - Acquisition of title to loaned property; when.

51-704.
Acquisition of title to loaned property; when.
Subject to any existing security interest in the property, a museum may acquire title to property on permanent loan or loaned for a specified term that has expired if:
(1) The museum gives written notice that the museum is terminating the loan of the property;
(2) The notice that the loan of the property is being terminated includes a statement containing substantially the following information:
The records of (name of museum) indicate that you have property on loan to it. The institution wishes to terminate the loan. If you desire to claim the property, you must contact the institution, establish your ownership of the property, and make arrangements to collect the property. If you fail to do so promptly, you will be considered to have donated the property to the institution; and
(3) The lender does not respond to the notice of termination provided under subdivision (1) of this section within one year after receipt of the notice by filing a notice of intent to preserve an interest in the property on loan.
Source
Laws 1996, LB 1276, § 4.
2023 Nebraska Revised Statutes › Chapter 51 - Libraries and Museums › 51-705 - Acquisition of title to undocumented property; when.

51-705.
Acquisition of title to undocumented property; when.
Subject to any existing security interest in the property, a museum may acquire title to undocumented property held by the museum for at least seven years as follows:
(1) The museum must give notice as provided in subsection (3) of section 51-703 that the museum is asserting title to the undocumented property;
(2) The notice that the museum is asserting title to the property must include a statement containing substantially the following information:
The records of (name of museum) fail to indicate the owner of record of certain property in its possession. The museum hereby asserts title to the following property: (general description of property). If you claim ownership or other legal interest in this property, you must contact the museum, establish ownership of the property, and make arrangements to collect the property. If you fail to do so within three years, you will be considered to have waived any claim you may have had to the property; and
(3) If a claimant or lender does not respond to the notice provided in subdivision (2) of this section within three years by giving a written notice of intent to retain an interest in the property on loan, the museum's title to the property becomes absolute.
Source
Laws 1996, LB 1276, § 5.
2023 Nebraska Revised Statutes › Chapter 51 - Libraries and Museums › 51-706 - Preservation of interest in loaned property; notice; contents.

51-706.
Preservation of interest in loaned property; notice; contents.
(1) A notice of intent to preserve an interest in property on loan to a museum filed pursuant to the Museum Property Act shall be in writing and contain all of the following information:
(a) A description of the property adequate to enable the museum to identify the property;
(b) Documentation sufficient to establish the claimant as owner of the property or a holder of a security interest in the property;
(c) A statement attesting to the truth, to the best of the signer's knowledge, of all information included in or with the notice; and
(d) The signature, under penalty of perjury, of the claimant or a person authorized to act on behalf of the claimant.
(2) The museum need not retain a notice which does not meet the requirements set forth in subsection (1) of this section. If the museum does not intend to retain a notice for this reason, the museum shall promptly notify the claimant at the address given on the notice that the museum believes the notice is ineffective to preserve an interest and the reasons for the insufficiency. The fact that a museum retains a notice under section 51-710 does not mean that the museum accepts the sufficiency or accuracy of the notice or that the notice is effective to preserve an interest in property on loan to the museum.
Source
Laws 1996, LB 1276, § 6.
2023 Nebraska Revised Statutes › Chapter 51 - Libraries and Museums › 51-707 - Conservation measures; authorized; effect.

51-707.
Conservation measures; authorized; effect.
(1) Unless there is a written loan agreement to the contrary, a museum may apply conservation measures to loaned property if immediate action is required to protect the property on loan or to protect other property in the custody of the museum, or the property on loan has become a hazard to the health and safety of the public or of the museum's staff, and:
(a) The museum cannot reach the lender at the lender's last address of record so that the museum and the lender can promptly agree on a solution; or
(b) The lender will not agree to the protective measures the museum recommends, yet is unwilling or unable to terminate the loan and retrieve the property.
(2) If a museum applies conservation measures under subsection (1) of this section, the museum:
(a) Has a lien on the property and on the proceeds from any disposition of the property for the costs incurred by the museum; and
(b) Is not liable for injury to or loss of the property if the museum:
(i) Had a reasonable belief at the time the action was taken that the action was necessary to protect the property on loan or other property in the custody of the museum or that the property on loan constituted a hazard to the health and safety of the public or the museum's staff; and
(ii) Exercised reasonable care in the choice and application of the conservation measures.
Source
Laws 1996, LB 1276, § 7.
2023 Nebraska Revised Statutes › Chapter 51 - Libraries and Museums › 51-708 - Limitation of actions; liability.

51-708.
Limitation of actions; liability.
(1) An action shall not be brought against a museum for damages because of injury to or loss of property loaned to the museum more than three years from the date the museum gives the lender or claimant notice of the injury or loss or ten years from the date of the injury or loss, whichever occurs earlier.
(2) An action shall not be brought against a museum to recover property on loan more than one year after the date the museum gives the lender or claimant notice of its intent to terminate the loan or notice of acquisition of title to undocumented property.
(3) An action shall not be brought against a museum to recover property on loan more than seven years from the date of the last written contact between the lender or claimant and the museum as evidenced by the museum's records.
(4) A lender or claimant is considered to have donated loaned property to the museum if the lender fails to file an action to recover the property on loan to the museum within the time periods specified in subsections (1) through (3) of this section.
(5) Notwithstanding subsections (3) and (4) of this section, a lender or claimant who was not given notice as provided in the Museum Property Act that the museum intended to terminate a loan as provided in section 51-704 and who proves that the museum received an adequate notice of intent to preserve an interest in loaned property, which satisfies all of the requirements of section 51-706, within the seven years immediately preceding the filing of an action to recover the property, may recover the property or, if the property has been disposed of, the reasonable value of the property at the time it was disposed of plus interest at the legal rate.
(6) A museum is not liable at any time, in the absence of a court order, for returning property to the original lender even if a claimant other than the lender has filed a notice of intent to preserve an interest in property. If a person claims competing interests in property in the possession of a museum, the burden is upon the claimant to prove the interest in an action in equity initiated by a claimant. A museum is not liable at any time for returning property to an uncontested claimant who produced reasonable proof of ownership or the existence of a security interest pursuant to section 51-706.
Source
Laws 1996, LB 1276, § 8.
2023 Nebraska Revised Statutes › Chapter 51 - Libraries and Museums › 51-709 - Obligations to lender or claimant.

51-709.
Obligations to lender or claimant.
In order to take title pursuant to the Museum Property Act, a museum has the following obligations to a lender or claimant:
(1) The museum shall retain all written records regarding the property for at least three years after the date of taking title pursuant to the act;
(2) The museum shall keep written records on all loaned property acquired pursuant to section 51-704. Records shall contain the following information:
(a) The lender's name, address, and telephone number;
(b) The claimant's name, address, and telephone number;
(c) The nature and terms of the loan; and
(d) The beginning date of the loan period, if known; and
(3) The museum is responsible for notifying a lender or claimant of the museum's change of address or dissolution.
Source
Laws 1996, LB 1276, § 9.
2023 Nebraska Revised Statutes › Chapter 51 - Libraries and Museums › 51-710 - Records; maintenance and retention.

51-710.
Records; maintenance and retention.
Beginning on July 19, 1996, a museum shall at a minimum maintain and retain the following records, either as originals or accurate copies, for a period of not less than twenty-five years:
(1) A notice of intent to preserve an interest in property, if any;
(2) The loan agreement, if any;
(3) A receipt or ledger for property delivered to an owner or claimant; and
(4) Records containing the following information, as available, for property in the museum's possession:
(a) The lender's name, address, and telephone number;
(b) The claimant's name, address, and telephone number;
(c) The donor's name, address, and telephone number;
(d) The seller's name, address, and telephone number;
(e) The nature and terms of the transaction (loan for specified term, loan for unspecified term, donation, purchase, etc.); and
(f) The beginning date of the loan period or transaction date.
Source
Laws 1996, LB 1276, § 10.
2023 Nebraska Revised Statutes › Chapter 51 - Libraries and Museums › 51-711 - Lender or claimant; duty to notify museum; when.

51-711.
Lender or claimant; duty to notify museum; when.
(1) The lender or claimant of property on loan to a museum shall notify the museum of a change of address or change in ownership of the property. Failure to notify the museum of these changes may result in the lender's or claimant's loss of rights in the property.
(2) The lender or claimant of property on loan to a museum may file with the museum a notice of intent to preserve an interest in the property as provided for in section 51-706. The filing of a notice of intent to preserve an interest in property on loan to a museum does not validate or make enforceable any claim which would be extinguished under the terms of a written agreement or which would otherwise be invalid or unenforceable.
Source
Laws 1996, LB 1276, § 11.
2023 Nebraska Revised Statutes › Chapter 51 - Libraries and Museums › 51-712 - Death of owner of property; effect.

51-712.
Death of owner of property; effect.
Loaned property in the possession of a museum at the time of the owner's death which would otherwise escheat to the state shall not so escheat but shall become the property of the museum to which it is loaned.
Source
Laws 1996, LB 1276, § 12.
2023 Nebraska Revised Statutes › Chapter 51 - Libraries and Museums › 51-801 - Legislative findings.

51-801.
Legislative findings.
The Legislature finds and declares that public libraries are vital to the quality of life in Nebraska communities and that public libraries provide access to information resources for the personal, educational, and vocational needs of the citizens. The Legislature further finds that public library services can be improved by permitting creative and flexible means of library governance and organization. It is the intent of the Legislature to encourage cooperation and collaboration among political subdivisions to assure access to public library services for every Nebraskan.
Source
Laws 1999, LB 362, § 1.
2023 Nebraska Revised Statutes › Chapter 51 - Libraries and Museums › 51-802 - Terms, defined.

51-802.
Terms, defined.
For purposes of sections 51-801 to 51-811:
(1) Basic public library services includes, but is not limited to, free loan of circulating print and nonprint materials from the local collection and general reference and information services;
(2) Local governing authority means the governing body of a county, city, village, or township; and
(3) Public library federation means a library service agency of one or more counties responsible for a planned program of library services to be provided through public libraries which choose to affiliate with the federation.
Source
Laws 1999, LB 362, § 2.
2023 Nebraska Revised Statutes › Chapter 51 - Libraries and Museums › 51-803 - Intracounty public library federation; establishment; board; members; terms; expenses.

51-803.
Intracounty public library federation; establishment; board; members; terms; expenses.
(1) Upon the request of two or more local governing authorities within a county, the county board may establish a public library federation.
(2) The county board shall appoint seven residents of the county to the public library federation board. At least four members of the public library federation board shall represent communities whose public libraries have affiliated with the federation. The members shall be appointed to broadly represent the county's population.
(3) Each member of the public library federation board shall serve a term of not less than three nor more than five years as determined by the county board, except that the terms of the initial appointments may vary in length so that terms will expire in a staggered fashion. If a vacancy exists, the unexpired term shall be filled by appointment by the county board.
(4) A member of the public library federation board shall not receive compensation for services rendered as a board member but may be reimbursed for actual and necessary expenses incurred in the performance of official duties from the public library federation fund.
Source
Laws 1999, LB 362, § 3.
2023 Nebraska Revised Statutes › Chapter 51 - Libraries and Museums › 51-804 - Intercounty public library federation; establishment; board; members; terms; expenses.

51-804.
Intercounty public library federation; establishment; board; members; terms; expenses.
(1) Upon the request of two or more local governing authorities within each of two or more adjoining counties, the county boards may jointly establish a public library federation.
(2) Each county board shall appoint two residents of the county to the public library federation board. At least one member from each county shall represent communities whose public libraries have affiliated with the federation. The members appointed by the county boards shall appoint an additional member. The members shall be appointed to broadly represent each county's population.
(3) Each member of the public library federation board shall serve a term of not less than three nor more than five years as jointly determined by the county boards, except that the terms of the initial appointments may vary in length so that terms will expire in a staggered fashion. If a vacancy exists in the membership from one of the participating counties, the unexpired term shall be filled by appointment by the appropriate county board.
(4) A member of the public library federation board shall not receive compensation for services rendered as a board member but may be reimbursed for actual and necessary expenses incurred in the performance of official duties from the public library federation fund.
Source
Laws 1999, LB 362, § 4.
2023 Nebraska Revised Statutes › Chapter 51 - Libraries and Museums › 51-805 - Public library federation board; powers and duties.

51-805.
Public library federation board; powers and duties.
(1) The public library federation board shall be responsible for the general governance of the public library federation, but affiliated libraries shall retain governance of all aspects of local library operations. The board shall make and adopt bylaws, rules, and regulations for the board's guidance and for the governance of the federation. The board shall develop a long-range public library service plan for the provision of public library service to the area included in the federation.
(2) The board may designate and determine the compensation of a library federation director. The director shall be responsible to the board only in relationship to federation operations.
(3) The board shall develop and present an annual budget in support of the annual public library plan to each participating county board. The public library federation board shall administer and authorize the expenditure of all money received from taxes and other sources in support of federation public library service.
(4) The board may contract with other public entities for services.
(5) The method of federating libraries provided in sections 51-801 to 51-811 shall not be the exclusive way to provide joint or cooperative library services. Nothing in sections 51-801 to 51-811 shall prohibit a county, city, village, or township from entering into an agreement pursuant to the Interlocal Cooperation Act or the Joint Public Agency Act concerning library services.
Source
Laws 1999, LB 362, § 5;
Laws 2000, LB 968, § 18.
Cross References
Interlocal Cooperation Act, see section 13-801.
Joint Public Agency Act, see section 13-2501.
2023 Nebraska Revised Statutes › Chapter 51 - Libraries and Museums › 51-806 - Public library federation fund; establishment.

51-806.
Public library federation fund; establishment.
Upon the establishment of a public library federation and a public library federation board, each participating county board shall establish a public library federation fund to be supported from the general fund of each participating local governing authority or from a public library tax levy. Any local governing authority which is not affiliated with the public library federation shall not be subject to the levy. The levy shall be subject to section 77-3442. The amount of tax support for the federation shall be subject to an agreement among the participating local governing authorities. All money received for the federation shall be remitted to the county treasurer for credit to the public library federation fund.
Source
Laws 1999, LB 362, § 6.
2023 Nebraska Revised Statutes › Chapter 51 - Libraries and Museums › 51-807 - Affiliation with federation.

51-807.
Affiliation with federation.
The local governing authority of each existing public library within a county participating in a public library federation shall either choose to affiliate with the federation or shall choose to exempt itself from the federation. A county, city, village, or township public library that chooses to affiliate with the federation shall agree to provide basic public library services free of charge to all residents within the federation area. Residents within the area of a public library that has chosen to exempt itself from the federation shall not be entitled to participate in programs of the public library federation. The public library board of a county, city, village, or township shall retain its authority and autonomy regardless of whether or not the public library is an affiliate of the federation.
Source
Laws 1999, LB 362, § 7.
2023 Nebraska Revised Statutes › Chapter 51 - Libraries and Museums › 51-809 - Title to property; exempt from taxation; when.

51-809.
Title to property; exempt from taxation; when.
The title to property, equipment, and library materials of a public library federation acquired with funds of the public library federation shall be vested in the participating local governing authorities as reflected by an agreement entered into before the formation of the federation. The title to property, equipment, and library materials of an affiliated public library shall remain in the affiliated public library. Removal or disposal of public library federation property shall be determined by the public library federation board. The property of any public library federation shall be exempt from execution and shall be exempt from taxation to the extent such property is used for a public purpose.
Source
Laws 1999, LB 362, § 9;
Laws 2001, LB 173, § 17.
2023 Nebraska Revised Statutes › Chapter 51 - Libraries and Museums › 51-811 - Dissolution.

51-811.
Dissolution.
A public library federation may, by a two-thirds majority vote of the library federation board, be dissolved after one year's notice. In the event of the dissolution of a public library federation, the participating local governing authorities shall determine the disposition of all federation assets on a prorated basis to affiliated public libraries.
Source
Laws 1999, LB 362, § 11.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-115 - Labor on railroads, similar utilities; liability of company; notice of claim; interest.

52-115.
Labor on railroads, similar utilities; liability of company; notice of claim; interest.
Whenever any laborer upon any railroad, canal, viaduct, bridge, ditch, or other similar improvement in this state, shall have just claim or demand for labor performed on any such railroad, canal, bridge, ditch, viaduct, or other similar improvement against any person or persons who are, or any company which is a contractor on such railroad, canal, viaduct or bridge, or against any person or persons who are subcontractors with any person or persons or company contracting with any such railroad, bridge, viaduct, or ditching company for the construction of any part of any such railroad, bridge, canal, viaduct or ditch of any such company, every such railroad, canal, bridge or ditch company shall be liable to pay such laborer the amount of such claim or demand with ten percent interest thereon;
Provided,
such laborer shall have given notice within sixty days after the last item of labor shall have been performed, that he or she has such claim or demand. Such notice shall be given in writing and shall specify the nature and amount of the claim or demand, and shall be delivered to the president or vice president, superintendent, agent or the managing director or chief engineer in charge of that portion of the work, or any portion of the railroad, canal, viaduct, bridge or ditch upon which such labor is performed.
Source
Laws 1881, c. 60, § 1, p. 267;
R.S.1913, § 3837;
C.S.1922, § 3221;
C.S.1929, § 52-115;
R.S.1943, § 52-115.
Annotations
Statute is remedial and should be liberally construed. Owen v. Chicago, B. & Q. Ry. Co., 86 Neb. 851, 126 N.W. 658 (1910).
Lumber sold to contractor, used in building temporary sheds and stables, is no foundation for lien. Stewart-Chute Lumber Co. v. M. P. R. Co., 33 Neb. 29, 49 N.W. 769 (1891).
Act providing for lien on railways is constitutional. K. C. & O. R. Co. v. Frey, 30 Neb. 790, 47 N.W. 87 (1890).
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-116 - Railroad and similar construction; lien for labor or material; to what attaches.

52-116.
Railroad and similar construction; lien for labor or material; to what attaches.
When material shall have been furnished, or labor performed in the construction, repair, and equipment of any railroad, canal, bridge, viaduct or other similar improvement, such laborer and materialman, contractor, or subcontractor, shall have a lien therefor, and such lien therefor shall extend and attach to the erections, excavations, embankments, bridges, roadbed, and all land upon which the same may be situated, including the rolling stock thereto appertaining and belonging, all of which, including the right-of-way, shall constitute the excavation, erection or improvement provided for and mentioned in sections 52-115 to 52-117.
Source
Laws 1881, c. 60, § 2, p. 268;
R.S.1913, § 3838;
C.S.1922, § 3222;
C.S.1929, § 52-116;
R.S.1943, § 52-116.
Annotations
Description of railroad right-of-way as being between certain streets in a specified city was sufficient. Owen v. Chicago, B. & Q. Ry. Co., 86 Neb. 851, 126 N.W. 658 (1910).
Mortgage, given prior to construction, mortgagees being promoters, is subject to liens. Waiver of lien is not inferred from taking collateral security. Kilpatrick v. Kansas City & B. R. Co., 38 Neb. 620, 57 N.W. 664 (1894).
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-117 - Railroad and similar construction; lien for labor or material; statement of claim; filing; time limit; duration.

52-117.
Railroad and similar construction; lien for labor or material; statement of claim; filing; time limit; duration.
Every person, whether contractor or subcontractor or materialman, who wishes to avail himself of the provisions of section 52-116 shall file with the register of deeds of the county in which the building, erection, excavation or other similar improvement to be charged with the lien, is situated, a just and true statement or account of the demand due him after allowing all credits, setting forth the time when such material was furnished or labor performed, and when completed, containing a correct description of the property to be charged with the lien and verified by affidavit. Such verified statement or account must be filed by a principal contractor within ninety days, and by a subcontractor within sixty days from the date on which the last of the material shall have been furnished, or the last of the labor is performed; but a failure or omission to file the same within the periods last aforesaid shall not defeat the lien, except against purchasers or encumbrancers in good faith without notice, whose rights accrued after the sixty or ninety days, as the case may be, and before any claim for the lien was filed;
Provided,
when a lien is claimed upon a railway, the subcontractor shall have sixty days from the last day of the month in which such labor was done or material furnished within which to file his claim therefor. Such lien shall continue for the period of two years, and any person holding such lien may proceed to obtain a judgment for the amount of his account thereon by civil action. When any suit or suits shall be commenced on such accounts within the time of such lien, the lien shall continue until such suit or suits are finally determined and satisfied.
Source
Laws 1881, c. 60, § 3, p. 268;
R.S.1913, § 3839;
C.S.1922, § 3223;
C.S.1929, § 52-117;
R.S.1943, § 52-117;
Laws 1961, c. 257, § 3, p. 753.
Annotations
In case of lien of subcontractor, claim must have been filed within sixty days. McPhee v. Kay, 30 Neb. 62, 46 N.W. 223 (1890).
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-118.01 - Public building construction; bond; claim for unpaid labor or material; action; procedure.

52-118.01.
Public building construction; bond; claim for unpaid labor or material; action; procedure.
Every person who has furnished labor or material in the prosecution of the work provided for in the contract set out in subsection (1) of section 52-118, in respect of which a bond is or bonds are furnished under such section, and who has not been paid in full therefor before the expiration of a period of ninety days after the day on which the last of the labor was done or performed by him or her or material was furnished or supplied by him or her for which such claim is made shall have the right to sue on such bond or bonds for the amount or the balance thereof unpaid at the time of the institution of such suit and to prosecute the action to final execution and judgment for the sum or sums justly due him or her. Any person having a direct contractual relationship with a subcontractor but no contractual relationship, express or implied, with the contractor furnishing such bond or bonds shall have a right of action upon the bond or bonds upon giving written notice to the contractor within four months from the date on which such person did or performed the last of the labor or furnished or supplied the last of the material for which such claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was done or performed. Such notice shall be served by mailing the same by registered or certified mail, postage prepaid, in an envelope addressed to the contractor at any place he or she maintains an office or conducts his or her business or his or her residence or in any other manner in which a notice may be served.
Source
Laws 1955, c. 199, § 2, p. 566;
Laws 1990, LB 257, § 2;
Laws 2001, LB 420, § 33.
Annotations
Under the facts of the case, evidence of a contractual relationship existed to create an exemption from the notice requirements of this section. Gerhold Concrete Co. v. St. Paul Fire & Marine Ins., 269 Neb. 692, 695 N.W.2d 665 (2005).
Proviso in this section limits the right to bring suit on bond required by section 52-118 to those materialmen, laborers, and subcontractors who deal directly with the prime contractor and those materialmen, laborers, and subcontractors who, lacking express or implied contractual relationship with the prime contractor, have direct contractual relationship with a subcontractor and who give the statutory notice of their claims to the prime contractor. McElhose v. Universal Surety Co., 182 Neb. 847, 158 N.W.2d 228 (1968).
Right of action on construction bond in favor of materialmen is provided. Westinghouse Electric Supply Co. v. Brookley, 176 Neb. 807, 127 N.W.2d 465 (1964).
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-118.02 - Public building construction; bond; action; limitation; person to bring suit; rental equipment, defined.

52-118.02.
Public building construction; bond; action; limitation; person to bring suit; rental equipment, defined.
Every suit instituted under section 52-118.01 shall be brought by any person entitled to the benefit of this action, but no such suit shall be commenced after the expiration of one year after the date of final settlement of the principal contract. The action shall be in the name of the party claiming the benefits of this action.
For the purposes of subsection (1) of section 52-118, equipment which is rented for a project covered by such subsection under a lease with an option to purchase shall be considered to be equipment rented under a straight lease agreement not to exceed the reasonable rental value of the equipment during the period such equipment is actually used on such project and unless and until the option to purchase is validly exercised under the contract.
Source
Laws 1955, c. 199, § 3, p. 567;
Laws 1969, c. 435, § 1, p. 1462;
Laws 1990, LB 257, § 3.
Annotations
Final settlement under public building contract is a determination made and recorded in accordance with established administrative practice by the officer or department in charge that the contract has been completed and final payment is due. Zimmerman's Electric, Inc. v. Fidelity & Deposit Co., 194 Neb. 248, 231 N.W.2d 342 (1975).
Final settlement was made with respect to amount due following completion of the project which was accepted by the owner and action was barred one year thereafter. Boyd v. Benkelman Public Housing Authority, 188 Neb. 69, 195 N.W.2d 230 (1972).
Action on bond must be brought within one year after date of final settlement on principal contract. Westinghouse Electric Supply Co. v. Brookley, 176 Neb. 807, 127 N.W.2d 465 (1964).
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-123 - Failure to apply payments received on lawful claims; unlawful; failure to discharge lien; prima facie evidence of intent to deprive or defraud.

52-123.
Failure to apply payments received on lawful claims; unlawful; failure to discharge lien; prima facie evidence of intent to deprive or defraud.
It shall be unlawful for any person, firm, or corporation who has taken a contract for the erection, improvement, repair, or removal of any house, mill, manufactory, or building of any kind for another, and has received payment in whole or in part upon such contract, to fail to apply the money so received, or so much thereof as may be necessary for that purpose, in payment of the lawful claims of such laborers or materialmen as could otherwise have a right to file a laborers' or materialmen's lien against such house or other structure, with the intent thereby to deprive or defraud the owner or person so paying the person, firm or corporation receiving payment, of his funds without discharging the liens, unless such person, firm, or corporation, taking such contract, shall have received and delivered to the owner of the property the written waiver of lien from all persons who otherwise would have a right to file a lien thereon. In any prosecution under sections 52-123 and 52-124 of the person, firm, or corporation so receiving payment, when it shall be shown in evidence that any lien for labor or materials existed in favor of any laborer or materialman and that such lien has been filed within the time and at the place as provided by law for the filing of such liens and that such person, firm, or corporation charged has received payment without discharging the lien to the extent of the funds received by him, the fact of acceptance of such payment without having discharged the lien within ten days after receipt of such payment shall be prima facie evidence of intent to deprive or defraud on the part of the person, firm, or corporation so receiving payment.
Source
Laws 1969, c. 432, § 1, p. 1455.
Annotations
In this section the words "with the intent thereby to deprive or defraud," should be read as though it read "with the fraudulent intent thereby to deprive". State v. McConnell, 201 Neb. 84, 266 N.W.2d 219 (1978).
This section does not make the general contractor an agent or trustee for laborers or materialmen in receiving payments from the property owners, nor does it make the amounts so received a trust fund. State v. McConnell, 201 Neb. 84, 266 N.W.2d 219 (1978).
No express trust arises by operation of this statute and, therefore, 11 U.S.C. 35(a)(14), which prescribes release of debt created by fraud of bankrupt when acting in a fiduciary capacity, does not apply to bankrupt contractor who failed to meet requirements of section 52-123. Matter of Dloogoff, 600 F.2d 166 (8th Cir. 1979).
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-124 - Failure to apply payments for lawful claims; failure to discharge lien; penalty.

52-124.
Failure to apply payments for lawful claims; failure to discharge lien; penalty.
Any person, firm, or corporation, the members of any firm, or the officers of any corporation, violating the provisions of section 52-123 shall be guilty of a Class II misdemeanor.
Source
Laws 1969, c. 432, § 2, p. 1456;
Laws 1977, LB 40, § 308.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-125 - Act, how cited.

52-125.
Act, how cited.
Sections 52-125 to 52-159 shall be known and may be cited as the Nebraska Construction Lien Act.
Source
Laws 1981, LB 512, § 1.
Annotations
Trustees of a health, welfare, and pension fund may assert a construction lien on behalf of union employees against the property owner. Omaha Constr. Indus. Pension Plan v. Children's Hosp., 11 Neb. App. 35, 642 N.W.2d 849 (2002).
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-126 - Sections, purpose.

52-126.
Sections, purpose.
Sections 52-125 to 52-159 creates, and provides for the attachment and enforceability of, a lien against real estate in favor of a person furnishing services or materials under a real estate improvement contract. Except as provided in sections 52-125 to 52-159, no nonconsensual lien arises against real estate by reason of improvements made thereon.
Source
Laws 1981, LB 512, § 2.
Annotations
The Nebraska Construction Lien Act does not take away a construction lienholder's common-law right to sue for breach of contract. Tilt-Up Concrete, Inc. v. Star City/Federal, Inc., 261 Neb. 64, 621 N.W.2d 502 (2001).
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-128 - Contracting owner; presumption of agency.

52-128.
Contracting owner; presumption of agency.
For the purpose of determining whether an owner is a contracting owner, agency is presumed, in the absence of clear and convincing evidence to the contrary, between employer and employee, between spouses, between joint tenants, and among tenants in common.
Source
Laws 1981, LB 512, § 4.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-129 - Protected party, residential real estate, defined.

52-129.
Protected party, residential real estate, defined.
(1) Protected party shall mean:
(a) An individual who contracts to give a real estate security interest in, or to buy or to have improved, residential real estate all or a part of which he or she occupies or intends to occupy as a residence;
(b) A person obligated primarily or secondarily on a contract to buy or have improved residential real estate or on an obligation secured by residential real estate if, at the time he or she becomes obligated, he or she is related to an individual who occupies or intends to occupy all or a part of the real estate as a residence; or
(c) With respect to a security agreement, a person who acquires residential real estate and assumes or takes subject to the obligation of a prior protected party under the real estate security agreement.
(2) Residential real estate shall mean, in relation to a protected party, real estate, improved or to be improved, containing not more than four dwelling units and no nonresidential uses for which the protected party is a lessor. A condominium unit that is otherwise residential real estate remains so even though the condominium development contains more than four dwelling units or units used for nonresidential purposes.
Source
Laws 1981, LB 512, § 5.
Annotations
One must intend to occupy the real estate as a residence to be considered a protected party. Midlands Rental & Mach., Inc. v. Christensen Ltd., 252 Neb. 806, 566 N.W.2d 115 (1997).
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-130 - Real estate improvement contract, defined.

52-130.
Real estate improvement contract, defined.
(1) Except as provided in subsection (2) of this section, real estate improvement contract shall mean an agreement to perform services, including labor, or to furnish materials for the purpose of producing a change in the physical condition of land or of a structure including:
(a) Alteration of the surface by excavation, fill, change in grade, or change in a shore, bank, or flood plain of a stream, swamp, or body of water;
(b) Construction or installation on, above, or below the surface of land;
(c) Demolition, repair, remodeling, or removal of a structure previously constructed or installed;
(d) Seeding, sodding, or other landscaping operation;
(e) Surface or subsurface testing, boring, or analyzing; and
(f) Preparation of plans, surveys, or architectural or engineering plans or drawings for any change in the physical condition of land or structures whether or not used incident to producing a change in physical condition of the real estate.
(2) A contract for the mining or removal of timber, minerals, gravel, soil, sod, or things growing on land, or other similar contracts in which the activity is primarily for the purpose of realizing upon the disposal or removal of the objects removed, or a contract for the planting, cultivation, or harvesting of crops or for the preparation of the soil for planting of crops, is not a real estate improvement contract.
Source
Laws 1981, LB 512, § 6.
Annotations
General cleanup activities in preparation for sale of property are inconsistent with the property changes contemplated and required by this section for a valid construction lien. Taylor v. Taylor, 277 Neb. 617, 764 N.W.2d 101 (2009).
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-131 - Construction lien; existence; amount; priority; enforcement.

52-131.
Construction lien; existence; amount; priority; enforcement.
(1) A person who furnishes services or materials pursuant to a real estate improvement contract has a construction lien, only to the extent provided in the Nebraska Construction Lien Act, to secure the payment of his or her contract price.
(2) A lien arises under the act only if the claimant records a lien within the time specified by section 52-137.
(3) Real estate to which a construction lien attaches is specified by section 52-133, and limitations on the existence of a lien for materials are specified by section 52-134.
(4) The amount of a claimant's lien is specified by section 52-136. The content of the notice of the right to assert a lien to be given to the owner under section 52-136 is specified by section 52-135.
(5) The priority of a claimant's lien as against other construction-lien claimants is specified in section 52-138, and priority as against claimants other than construction-lien claimants is specified in section 52-139.
(6) Foreclosure of a lien under the act is governed by section 52-155, and the time within which an action to foreclose must be brought by section 52-140.
Source
Laws 1981, LB 512, § 7;
Laws 2003, LB 655, § 5.
Annotations
A construction lien is not valid absent a contract between the parties. Mid-America Maintenance v. Bill Morris Ford, 232 Neb. 920, 442 N.W.2d 869 (1989).
The Nebraska Construction Lien Act does not prevent employees of a subcontractor from filing a construction lien against the property owner. Omaha Constr. Indus. Pension Plan v. Children's Hosp., 11 Neb. App. 35, 642 N.W.2d 849 (2002).
A construction lien is not valid absent a contract between the parties. Sorenson v. Dager, 8 Neb. App. 729, 601 N.W.2d 564 (1999).
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-132 - Public property; exempt from lien.

52-132.
Public property; exempt from lien.
Notwithstanding the provisions on existence of a construction lien of section 52-131, no lien attaches under sections 52-125 to 52-159 to real estate owned by the state, a county, a municipality, or other governmental agency or political subdivision.
Source
Laws 1981, LB 512, § 8.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-133 - Real estate subject to construction lien.

52-133.
Real estate subject to construction lien.
(1) If at the time a construction lien is recorded there is a recorded notice of commencement covering the improvement pursuant to which the lien arises, the lien is on the contracting owner's real estate described in the notice of commencement.
(2) Except as provided in subsection (3) of this section, if at the time a construction lien is recorded there is no recorded notice of commencement covering the improvement pursuant to which the lien arises, the lien is on the contracting owner's real estate being improved or directly benefited.
(3) If a claimant who recorded a lien while there was no recorded notice of commencement covering the real estate later records a notice of commencement, his or her lien is on the contracting owner's real estate described in the notice of commencement.
(4) If as a part of an improvement on his or her real estate or for the purpose of directly benefiting his or her real estate an owner contracts for improvements on real estate not owned by him or her, persons who furnish services or materials in connection with that improvement have a lien against the contracting owner's real estate being improved or directly benefited to the same extent as if the improvement had been on the contracting owner's real estate.
(5) If a recorded notice of commencement covers more than one lot in a platted subdivision of record, a claimant may apportion his or her lien to the various lots covered by the notice of commencement in any proportion he or she chooses and states in his or her recorded lien, including assigning all his or her lien to a particular lot.
(6) If a recorded lien does not contain an apportionment as provided in subsection (5) of this section, the owner may make demand on the claimant to make an apportionment and, if the claimant does not, within thirty days after the demand, make an apportionment by recording an amendment of the recorded lien, the owner may make a good faith apportionment by recording an owner's statement of apportionment. Notwithstanding the fact that the owner did not in fact give the notice to apportion referred to in this subsection or for any other reason was not entitled to record a statement of apportionment, or did not make a good faith apportionment, the apportionment is conclusive in favor of persons acquiring interests in the real estate after the statement of apportionment is recorded.
Source
Laws 1981, LB 512, § 9.