reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3423 - Relation to federal Electronic Signatures in Global and National Commerce Act.

76-3423.
Relation to federal Electronic Signatures in Global and National Commerce Act.
The Nebraska Uniform Real Property Transfer on Death Act modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. 7003(b).
Source
Laws 2012, LB536, § 23.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3501 - Act, how cited.

76-3501.
Act, how cited.
Sections 76-3501 to 76-3507 shall be known and may be cited as the Radon Resistant New Construction Act.
Source
Laws 2017, LB9, § 1;
Laws 2019, LB130, § 4.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3502 - Legislative findings.

76-3502.
Legislative findings.
The Legislature finds that:
(1) Radon is a radioactive element that is part of the radioactive decay chain of naturally occurring uranium in soil;
(2) Radon is the leading cause of lung cancer among nonsmokers and is the number one risk in homes according to the Harvard Center for Risk Analysis at the Harvard T.H. Chan School of Public Health;
(3) The World Health Organization Handbook on Indoor Radon includes key messages which state:
(a) "There is no known threshold concentration below which radon exposure presents no risk."; and
(b) "The majority of radon-induced lung cancers are caused by low and moderate radon concentrations rather than by high radon concentrations, because in general less people are exposed to high indoor radon concentrations.";
(4) The Surgeon General of the United States urged Americans to test their homes to find out how much radon they might be breathing;
(5) The United States Environmental Protection Agency estimates that more than twenty thousand Americans die of radon-related lung cancer each year;
(6) The United States Environmental Protection Agency has identified radon levels in Nebraska as the third highest in the United States because of the high concentration of uranium in the soil; and
(7) In 2018, the Radon Resistant New Construction Task Force recommended minimum standards for radon resistant new construction to the Governor, the Health and Human Services Committee of the Legislature, and the Urban Affairs Committee of the Legislature.
Source
Laws 2017, LB9, § 2;
Laws 2019, LB130, § 5.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3503 - Terms, defined.

76-3503.
Terms, defined.
For purposes of the Radon Resistant New Construction Act:
(1) Active radon mitigation system means a family of radon mitigation systems involving mechanically driven soil depressurization, including subslab depressurization, drain tile depressurization, block wall depressurization, and submembrane depressurization. Active radon mitigation system is also known as active soil depressurization;
(2) Building contractor means any individual, corporation, partnership, limited liability company, or other business entity that engages in new construction;
(3) Department means the Department of Health and Human Services;
(4) New construction means any original construction of a single-family home or a multifamily dwelling, including apartments, group homes, condominiums, and townhouses, or any original construction of a building used for commercial, industrial, educational, or medical purposes. New construction does not include additions to existing structures or remodeling of existing structures;
(5) Passive radon mitigation system means a pipe installed in new construction that relies solely on the convective flow of air upward for soil gas depressurization and may consist of multiple pipes routed through conditioned space from below the foundation to above the roof;
(6) Radon mitigation specialist means an individual who is licensed by the department as a radon mitigation specialist in accordance with the Radiation Control Act; and
(7) Radon resistant new construction means construction that utilizes design elements and construction techniques that passively resist radon entry and prepare a building for an active postconstruction mitigation system.
Source
Laws 2017, LB9, § 3;
Laws 2019, LB130, § 6.
Cross References
Radiation Control Act, see section 71-3519.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3504 - Radon resistant new construction; minimum standards.

76-3504.
Radon resistant new construction; minimum standards.
Except as provided in section 76-3505, new construction built after September 1, 2019, in the State of Nebraska that is intended to be regularly occupied by people shall be built using radon resistant new construction. Such construction shall meet the following minimum standards:
(1) Sumps:
(a) A sump pit open to soil or serving as the termination point for subslab or exterior drain tile loops shall be covered with a gasketed or otherwise sealed lid;
(b) A sump used as the suction point in a subslab depressurization system shall have a lid designed to accommodate the vent pipe; and
(c) A sump used as a floor drain shall have a lid equipped with a trapped inlet;
(2) A passive subslab depressurization system shall be installed during construction in basement or slab-on-grade buildings, including the following components:
(a) Vent pipe:
(i)(A) A minimum three-inch diameter acrylonitrile butadiene styrene (ABS), polyvinyl chloride (PVC), or equivalent gas-tight pipe shall be embedded vertically into the subslab permeable material before the slab is cast. A "T" fitting or equivalent method shall be used to ensure that the pipe opening remains within the subslab permeable material; or
(B) A minimum three-inch diameter ABS, PVC, or equivalent gas-tight pipe shall be inserted directly into an interior perimeter drain tile loop or through a sealed sump cover where the sump is exposed to the subslab or connected to it through a drainage system;
(ii) The pipe shall be extended up through the building floors and terminate at least twelve inches above the surface of the roof in a location at least ten feet away from any window or other opening into the conditioned spaces of the building that is less than two feet below the exhaust point and ten feet from any window or other opening in adjoining or adjacent buildings; and
(iii) In buildings where interior footings or other barriers separate the subslab gas-permeable material, each area shall be fitted with an individual vent pipe. Vent pipes shall connect to a single vent that terminates above the roof or each individual vent pipe shall terminate separately above the roof. All exposed and visible interior radon vent pipes shall be identified with at least one label on each floor and in accessible attics. Such label shall read: Radon Reduction System; and
(3) Power source: In order to provide for future installation of an active radon mitigation system, an electrical circuit terminated in an approved box shall be installed during construction in the attic or other anticipated location of vent pipe fans.
Source
Laws 2017, LB9, § 4;
Laws 2019, LB130, § 7.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3505 - New construction not required to use radon resistant new construction; when.

76-3505.
New construction not required to use radon resistant new construction; when.
New construction after September 1, 2019, shall not be required to use radon resistant new construction if (1) the construction project utilizes the design of an architect or professional engineer licensed under the Engineers and Architects Regulation Act, (2) the construction project is located in a county in which the average radon concentration is less than two and seven-tenths picocuries per liter of air as determined by the department pursuant to section 76-3507, or (3) other than for any residential dwelling unit, a local building official makes a determination, after a review of relevant guidelines for the intended use of the structure and property conditions, that radon resistant new construction is not necessary.
Source
Laws 2017, LB9, § 5;
Laws 2019, LB130, § 8.
Cross References
Engineers and Architects Regulation Act, see section 81-3401.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3506 - Conversion of passive radon mitigation system to active radon mitigation system authorized.

76-3506.
Conversion of passive radon mitigation system to active radon mitigation system authorized.
A building contractor or a subcontractor of a building contractor may convert a passive radon mitigation system to an active radon mitigation system in accordance with rules and regulations adopted and promulgated by the department under the Radiation Control Act for radon mitigation, but the contractor or subcontractor is not required to be a radon mitigation specialist to convert such system. A radon mitigation specialist shall conduct any postinstallation testing of such system.
Source
Laws 2019, LB130, § 9.
Cross References
Radiation Control Act, see section 71-3519.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3507 - Department; duties.

76-3507.
Department; duties.
On or before January 1, 2020, and on or before January 1 of each year thereafter, the department shall compile the results of the radon measurements performed in the past five years that were reported to the department pursuant to the rules and regulations adopted and promulgated by the department regarding the control of radiation and report such compilation electronically to the Clerk of the Legislature. Such report shall determine the average radon concentration in Nebraska by county and identify each county in which such average concentration exceeds two and seven-tenths picocuries per liter of air.
Source
Laws 2019, LB130, § 10.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3601 - Terms, defined.

76-3601.
Terms, defined.
For purposes of sections 76-3601 to 76-3606:
(1) Home inspection means the process by which a home inspector examines the observable systems and components of improvements to residential real property that are readily accessible to such inspector;
(2) Home inspector means a person who, for compensation, conducts a home inspection; and
(3) Residential real property means a structure used or intended to be used as a residence and consisting of one to four family dwelling units.
Source
Laws 2021, LB423, § 1.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3602 - Registration; required, when; signature requirements; registration, contents; renewal; term.

76-3602.
Registration; required, when; signature requirements; registration, contents; renewal; term.
(1) Before conducting home inspections in this state, a home inspector shall register with the Secretary of State. If the home inspector is an individual, the home inspector shall sign such registration. If the home inspector is a firm, partnership, corporation, company, association, limited liability company, or other legal entity, an officer or agent of the home inspector shall sign such registration. Such registration shall include:
(a) The name of the home inspector if the home inspector is an individual or the name of the legal entity under which such home inspector proposes to register and transact business in this state;
(b) The address of the home office of the home inspector;
(c) The name and address of the agent for service of process on the home inspector; and
(d) Any national certification relating to home inspection currently held by the home inspector.
(2) A home inspector may apply to renew a registration by submitting an application for renewal in a form prescribed by the Secretary of State within forty-five days prior to the expiration of the registration.
(3) A registration for a home inspector is valid for two years.
Source
Laws 2021, LB423, § 2;
Laws 2023, LB531, § 29.
Operative Date: June 7, 2023
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3603 - Fee; certificate of insurance.

76-3603.
Fee; certificate of insurance.
At the time of registration or renewal of a registration pursuant to section 76-3602, a home inspector shall:
(1) Pay a registration or renewal fee to the Secretary of State. The Secretary of State shall set such registration or renewal fee in an amount sufficient to defray the administrative costs of registration or renewal but not to exceed three hundred dollars. The Secretary of State shall remit such registration or renewal fee to the State Treasurer for credit to the Secretary of State Cash Fund; and
(2) Provide to the Secretary of State a certificate of insurance evidencing coverage in an amount of not less than two hundred fifty thousand dollars for general liability.
Source
Laws 2021, LB423, § 3;
Laws 2023, LB531, § 30.
Operative Date: June 7, 2023
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3604 - Required information; report changes.

76-3604.
Required information; report changes.
A home inspector shall report a change in information required by section 76-3602 or 76-3603 within forty-five calendar days of such change.
Source
Laws 2021, LB423, § 4;
Laws 2023, LB531, § 31.
Operative Date: June 7, 2023
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-101 - Definitions, where found.

77-101.
Definitions, where found.
For purposes of Chapter 77 and any statutes dealing with taxation, unless the context otherwise requires, the definitions found in sections 77-102 to 77-132 shall be used.
Source
Report of 1943 Statute Commission, § 77-101;
Laws 1943, c. 115, § 1, p. 401;
R.S.1943, § 77-101;
Laws 1987, LB 508, § 1;
Laws 1992, LB 1063, § 43;
Laws 1992, Second Spec. Sess., LB 1, § 42;
Laws 1997, LB 270, § 2;
Laws 1999, LB 194, § 5;
Laws 2000, LB 968, § 22;
Laws 2001, LB 170, § 2;
Laws 2003, LB 292, § 3;
Laws 2005, LB 263, § 2.
Annotations
This section did not require the definition of "[d]epreciable tangible personal property" in section 77-119 to be used to define "depreciable repairs or parts" in section 77-2708.01, because the term "repairs" in section 77-2708.01 made the phrases contextually different. Farmers Co-op v. State, 296 Neb. 347, 893 N.W.2d 728 (2017).
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-102 - Property, defined.

77-102.
Property, defined.
The word property includes every kind of property, tangible or intangible, subject to ownership.
Source
Laws 1903, c. 73, § 3, p. 389;
R.S.1913, § 6291;
Laws 1921, c. 133, art. I, § 1, p. 545;
C.S.1922, § 5808;
C.S.1929, § 77-101;
R.S.1943, § 77-102.
Annotations
Leasehold interest in buildings on federal air force base was property subject to taxation. Offutt Housing Co. v. County of Sarpy, 160 Neb. 320, 70 N.W.2d 382 (1955).
Term property includes intangible property. International Harvester Co. v. County of Douglas, 146 Neb. 555, 20 N.W.2d 620 (1945).
Lease for years is property, the subject of an independent assessment as the property of the lessee. North Platte Lodge 985, B.P.O.E. v. Board of Equalization of Lincoln County, 125 Neb. 841, 252 N.W. 313 (1934).
A cause of action sounding in tort is not property as that term is understood in the revenue law of the state. Seward County v. Jones, 105 Neb. 705, 181 N.W. 652 (1921).
Each station is assessed as independent business, and it may deduct from credits due all debts owing at time of return as regards that particular station, which net amount, if any, is taxed. Nye-Schneider-Fowler Co. v. Boone County, 102 Neb. 742, 169 N.W. 436 (1918).
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-103.01 - Class or subclass of real property, defined.

77-103.01.
Class or subclass of real property, defined.
Class or subclass of real property means a group of properties that share one or more characteristics typically common to all the properties in the class or subclass, but are not typically found in the properties outside the class or subclass. Class or subclass includes, but is not limited to, the classifications of agricultural land or horticultural land listed in section 77-1363, parcel use, parcel type, location, geographic characteristics, zoning, city size, parcel size, and market characteristics appropriate for the valuation of such land. A class or subclass based on market characteristics shall be based on characteristics that affect the actual value in a different manner than it affects the actual value of properties not within the market characteristic class or subclass.
Source
Laws 2001, LB 170, § 3;
Laws 2003, LB 291, § 1.
Annotations
The Tax Equalization and Review Commission did not err in finding that the market areas as drawn by the county assessor complied with professionally accepted methodology. Vanderheiden v. Cedar Cty. Bd. of Equal., 16 Neb. App. 578, 746 N.W.2d 717 (2008).
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-104 - Personal property, defined.

77-104.
Personal property, defined.
The term personal property includes all property other than real property and franchises.
Source
Laws 1903, c. 73, § 2, p. 389;
R.S.1913, § 6290;
Laws 1921, c. 133, art. I, § 3, p. 545;
C.S.1922, § 5810;
C.S.1929, § 77-103;
R.S.1943, § 77-104.
Annotations
Right to participate in proceeds of sale of oil and gas severed from real estate is taxable as personal property. Conway v. County of Adams, 172 Neb. 94, 108 N.W.2d 637 (1961).
Chattel real was personal property. Offutt Housing Co. v. County of Sarpy, 160 Neb. 320, 70 N.W.2d 382 (1955).
Cited in discussion of taxability of intangible property of foreign corporation. International Harvester Co. v. County of Douglas, 146 Neb. 555, 20 N.W.2d 620 (1945).
Warrants of city are exempt from taxation. Droll v. Furnas County, 108 Neb. 85, 187 N.W. 876 (1922).
Net credits of corporation are taxable as personal property in counties where it operates. Nye-Schneider-Fowler Co. v. Boone County, 99 Neb. 383, 156 N.W. 773 (1916), affirmed by 102 Neb. 742, 169 N.W. 436 (1918).
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-106 - Money, defined.

77-106.
Money, defined.
The term money includes all kinds of coin and all kinds of paper, issued by or under authority of the United States, circulating as money.
Source
Laws 1903, c. 73, § 4, p. 389;
R.S.1913, § 6292;
Laws 1921, c. 133, art. I, § 5, p. 545;
C.S.1922, § 5812;
C.S.1929, § 77-105;
R.S.1943, § 77-106.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-107 - Credits, defined.

77-107.
Credits, defined.
The word credits includes corporation shares of stock, accounts, contracts for cash or labor, bills of exchange, judgments, choses in action, liens of any kind, other than real estate mortgages, securities, debentures, bonds, other than those of the United States, annuities, and all other demands for labor or other valuable thing, whether due or to become due.
Source
Laws 1903, c. 73, § 5, p. 389;
R.S.1913, § 6293;
Laws 1921, c. 133, art. I, § 6, p. 546;
C.S.1922, § 6813;
C.S.1929, § 77-106;
R.S.1943, § 77-107.
Annotations
Credits include open accounts owing by school district. Stephenson School Supply Co. v. County of Lancaster, 172 Neb. 453, 110 N.W.2d 41 (1961).
Debts due are credits and are taxable. International Harvester Co. v. County of Douglas, 146 Neb. 555, 20 N.W.2d 620 (1945).
Warrants of city are exempt from taxation. Droll v. Furnas County, 108 Neb. 85, 187 N.W. 876 (1922).
Cause of action in tort is not a right in property within meaning of revenue laws. Seward County v. Jones, 105 Neb. 705, 181 N.W. 652 (1921).
Credits were construed to mean net credits. Nye-Schneider-Fowler Co. v. Boone County, 102 Neb. 742, 169 N.W. 436 (1918).
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-108 - County board, defined.

77-108.
County board, defined.
The term county board includes both county commissioners and supervisors, as the case may be.
Source
Laws 1903, c. 73, § 6, p. 389;
R.S.1913, § 6294;
Laws 1921, c. 133, art. I, § 7, p. 546;
C.S.1922, § 5814;
C.S.1929, § 77-107;
R.S.1943, § 77-108.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-109 - County tax, defined.

77-109.
County tax, defined.
The term county tax includes all taxes due to the county, school districts and other subdivisions of the county, which are levied and collected by the county.
Source
Laws 1903, c. 73, § 7, p. 389;
R.S.1913, § 6295;
Laws 1921, c. 133, art. I, § 8, p. 546;
C.S.1922, § 5815;
C.S.1929, § 77-108;
R.S.1943, § 77-109.
Annotations
County tax includes taxes levied for school districts. C. R. T. Corp. v. Board of Equalization, 172 Neb. 540, 110 N.W.2d 194 (1961).
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-111 - Township, precinct, defined.

77-111.
Township, precinct, defined.
The words township and precinct shall each include the other, and shall also include towns in counties under township organization.
Source
Laws 1903, c. 73, § 9, p. 390;
R.S.1913, § 6297;
Laws 1921, c. 133, art. I, § 10, p. 546;
C.S.1922, § 5817;
C.S.1929, § 77-110;
R.S.1943, § 77-111.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-113 - Person, defined.

77-113.
Person, defined.
The word person includes any number of persons and any partnership, limited liability company, association, joint-stock company, corporation, or other entity that may be the owner of property.
Source
Laws 1903, c. 73, § 10, p. 390;
R.S.1913, § 6298;
Laws 1921, c. 133, art. I, § 11, p. 546;
C.S.1922, § 5818;
C.S.1929, § 77-111;
R.S.1943, § 77-113;
Laws 1993, LB 121, § 492.
Annotations
For taxation purposes, a partnership is considered as an entity apart from the individual partners. Svoboda & Hannah v. Board of Equalization, 180 Neb. 215, 142 N.W.2d 328 (1966).
State is an entity that may be adversely affected by action of county boards of equalization, and a person within meaning of revenue act. State v. Odd Fellows Hall Assn., 123 Neb. 440, 243 N.W. 616 (1932).
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-114 - Gender and number, how construed.

77-114.
Gender and number, how construed.
The words used in the singular shall include the plural; and in the masculine gender shall include the feminine and neuter genders, and vice versa, as the case may require.
Source
Laws 1903, c. 73, § 11, p. 390;
R.S.1913, § 6299;
Laws 1921, c. 133, art. I, § 12, p. 546;
C.S.1922, § 5819;
C.S.1929, § 77-112;
R.S.1943, § 77-114.
Cross References
For statute construction, see section 49-802.
Annotations
Singular number often includes the plural in construction of statutes, generally when manifest intention of Legislature requires it. Follmer v. State, 94 Neb. 217, 142 N.W. 908 (1913).
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-115 - County assessor, defined.

77-115.
County assessor, defined.
County assessor includes an elected or appointed county assessor or a county clerk who is an ex officio county assessor.
Source
Laws 1987, LB 508, § 2;
Laws 1990, LB 821, § 41;
Laws 2000, LB 968, § 24;
Laws 2003, LB 292, § 5;
Laws 2008, LB965, § 2;
Laws 2015, LB261, § 5.
Cross References
County clerk acting as ex officio county assessor, see section 23-3203.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-117 - Improvements on leased land, defined.

77-117.
Improvements on leased land, defined.
Improvements on leased land shall mean any item of real property defined in subdivisions (2) through (5) of section 77-103 which is located on land owned by a person other than the owner of the item.
Source
Laws 1992, LB 1063, § 45;
Laws 1992, Second Spec. Sess., LB 1, § 44;
Laws 1997, LB 270, § 5;
Laws 2019, LB218, § 2.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-118 - Nebraska adjusted basis, defined; trade in of property; how treated.

77-118.
Nebraska adjusted basis, defined; trade in of property; how treated.
(1) Nebraska adjusted basis shall mean the adjusted basis of property as determined under the Internal Revenue Code increased by the total amount allowed under the code for depreciation or amortization or pursuant to an election to expense depreciable property under section 179 of the code.
(2) For purchases of depreciable personal property occurring on or after January 1, 2018, if similar personal property is traded in as part of the payment for the newly acquired property, the Nebraska adjusted basis shall be the remaining federal tax basis of the property traded in, plus the additional amount that was paid by the taxpayer for the newly acquired property.
Source
Laws 1992, LB 1063, § 47;
Laws 1992, Second Spec. Sess., LB 1, § 46;
Laws 1995, LB 574, § 63;
Laws 2018, LB1089, § 1;
Laws 2019, LB663, § 1.
Annotations
The basis as defined by section 1012 of the Internal Revenue Code in turn composes the Nebraska adjusted basis under this section, which then composes the net book value under subsection (1) of section 77-120. Mid City Bank, Inc. v. Douglas Cty. Bd. of Equal., 260 Neb. 282, 616 N.W.2d 341 (2000).
Under section 1012 of the Internal Revenue Code, the basis of property is its cost to the taxpayer. Pfizer Inc. v. Lancaster Cty. Bd. of Equal., 260 Neb. 265, 616 N.W.2d 326 (2000).
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-119 - Depreciable tangible personal property, defined.

77-119.
Depreciable tangible personal property, defined.
Depreciable tangible personal property shall mean tangible personal property which is used in a trade or business or used for the production of income and which has a determinable life of longer than one year.
Source
Laws 1992, LB 1063, § 48;
Laws 1992, LB 719A, § 204.
Annotations
Section 77-101 did not require the definition of "[d]epreciable tangible personal property" in this section to be used to define "depreciable repairs or parts" in section 77-2708.01, because the term "repairs" in section 77-2708.01 made the phrases contextually different. Farmers Co-op v. State, 296 Neb. 347, 893 N.W.2d 728 (2017).
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-120 - Net book value of property for taxation, defined.

77-120.
Net book value of property for taxation, defined.
(1) Net book value of property for taxation shall mean that portion of the Nebraska adjusted basis of the property as of the assessment date for the applicable recovery period in the table set forth in this subsection.
NET BOOK VALUE AS A PERCENT
OF NEBRASKA ADJUSTED BASIS
Year
Recovery Period (in years)
3
5
7
10
15
20
1
75.00
85.00
89.29
92.50
95.00
96.25
2
37.50
59.50
70.16
78.62
85.50
89.03
3
12.50
41.65
55.13
66.83
76.95
82.35
4
0.00
24.99
42.88
56.81
69.25
76.18
5
8.33
30.63
48.07
62.32
70.46
6
0.00
18.38
39.33
56.09
65.18
7
6.13
30.59
50.19
60.29
8
0.00
21.85
44.29
55.77
9
13.11
38.38
51.31
10
4.37
32.48
46.85
11
0.00
26.57
42.38
12
20.67
37.92
13
14.76
33.46
14
8.86
29.00
15
2.95
24.54
16
0.00
20.08
17
15.62
18
11.15
19
6.69
20
2.23
21
0.00
Net book value as a percent of Nebraska adjusted basis shall be calculated using the one-hundred-fifty-percent declining balance method, switching to straight line, with a one-half-year convention.
(2) The applicable recovery period for any item of property shall be determined as follows:
(a) Three-year property shall include property with a class life of four years or less;
(b) Five-year property shall include property with a class life of more than four years and less than ten years;
(c) Seven-year property shall include property with a class life of ten years or more but less than sixteen years;
(d) Ten-year property shall include property with a class life of sixteen years or more but less than twenty years;
(e) Fifteen-year property shall include property with a class life of twenty years or more but less than twenty-five years; and
(f) Twenty-year property shall include property with a class life of twenty-five years or more.
(3) Class life shall be based upon the anticipated useful life of a class of property and shall be determined by the Property Tax Administrator under the Internal Revenue Code.
(4) One-half-year convention shall be a convention which treats all property placed in service during any tax year as placed in service on the midpoint of such tax year.
(5) The percent shown for year one shall be the percent used for January 1 of the year following the year the property is placed in service.
Source
Laws 1992, LB 1063, § 49;
Laws 1992, Second Spec. Sess., LB 1, § 47;
Laws 1995, LB 490, § 27;
Laws 1995, LB 574, § 64;
Laws 2016, LB775, § 1.
Annotations
The basis as defined by section 1012 of the Internal Revenue Code in turn composes the Nebraska adjusted basis under section 77-118, which then composes the net book value under subsection (1) of this section. Mid City Bank, Inc. v. Douglas Cty. Bd. of Equal., 260 Neb. 282, 616 N.W.2d 341 (2000).
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-121 - Taxable property, defined.

77-121.
Taxable property, defined.
Taxable property shall mean any real or tangible personal property subject to tax pursuant to law and not exempt from tax.
Source
Laws 1992, LB 1063, § 50;
Laws 1992, Second Spec. Sess., LB 1, § 48.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-122 - Purchase, defined.

77-122.
Purchase, defined.
Purchase shall include taking by sale, discount, negotiation, or any other transaction for value creating an interest in property except liens. Purchase shall not include transfers for stock or other ownership interests upon creation, dissolution, or any other tax-free reorganization for income tax purposes of any corporation, partnership, limited liability company, trust, or other entity.
Source
Laws 1992, LB 1063, § 51;
Laws 1992, Second Spec. Sess., LB 1, § 49;
Laws 1993, LB 121, § 493.
Annotations
The step transaction doctrine can be applied to determine if the transaction at issue is a purchase under this section. Mid City Bank, Inc. v. Douglas Cty. Bd. of Equal., 260 Neb. 282, 616 N.W.2d 341 (2000).
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-123 - Omitted property, defined.

77-123.
Omitted property, defined.
Omitted property means, for the current tax year, (1) any taxable real property that was not assessed on March 19, except beginning January 1, 2014, in any county with a population of at least one hundred fifty thousand inhabitants according to the most recent federal decennial census, any taxable real property that was not assessed on March 25, and (2) any taxable tangible personal property that was not assessed on May 1. Omitted property also means any taxable real or tangible personal property that was not assessed for any prior tax year. Omitted property does not include property exempt under subdivisions (1)(a) through (d) of section 77-202, listing errors of an item of property on the assessment roll of the county assessor, or clerical errors as defined in section 77-128.
Source
Laws 1997, LB 270, § 6;
Laws 1998, LB 1104, § 5;
Laws 1999, LB 194, § 6;
Laws 1999, LB 271, § 3;
Laws 2004, LB 973, § 5;
Laws 2011, LB384, § 2.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-124 - Undervalued and overvalued property, defined.

77-124.
Undervalued and overvalued property, defined.
Undervalued and overvalued property means any taxable real property that is assessed by the county assessor but has a taxable value lower or higher than other taxable property with which it is required to be equalized.
Source
Laws 1997, LB 270, § 7.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-125 - Tax situs, defined.

77-125.
Tax situs, defined.
Tax situs means the tax district wherein taxable real property is located or taxable tangible personal property is located for fifty percent or more of the calendar year. Taxable tangible personal property of a business shall be assessed at the location of the business unless the property has acquired tax situs elsewhere.
Source
Laws 1997, LB 270, § 8;
Laws 1999, LB 194, § 9.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-126 - Assessment, defined.

77-126.
Assessment, defined.
Assessment means the act of listing the description of all real property and taxable tangible personal property, determining its taxability, determining its taxable value, and placing it on the assessment roll.
Source
Laws 1997, LB 270, § 9;
Laws 2003, LB 292, § 6.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-128 - Clerical error, defined.

77-128.
Clerical error, defined.
Clerical error means transposition of numbers, mathematical error, computer malfunction causing programming and printing errors, data entry error, items of real property other than land identified on the wrong parcel, incorrect ownership, or certification of an incorrect valuation to political subdivisions.
Source
Laws 1999, LB 194, § 7.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-129 - Assessment roll, defined.

77-129.
Assessment roll, defined.
Assessment roll means a complete and verified list of all real property and the taxable tangible personal property in a county and the associated assessments as defined in section 77-126. The assessment roll is described in section 77-1303.
Source
Laws 1999, LB 194, § 8;
Laws 2003, LB 292, § 7.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-130 - Taxing official, defined.

77-130.
Taxing official, defined.
Taxing official means any federal, state, or local government officer or employee who is charged with the duty of auditing, assessing, equalizing, levying, computing, and collecting taxes.
Source
Laws 2000, LB 968, § 25.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-132 - Parcel, defined.

77-132.
Parcel, defined.
(1) Parcel means a contiguous tract of land determined by its boundaries, under the same ownership, and in the same tax district and section. Parcel also means an improvement on leased land.
(2) If all or several lots in the same block are owned by the same person and are contained in the same subdivision and the same tax district, they may be included in one parcel.
(3) If two or more vacant or unimproved lots in the same subdivision and the same tax district are owned by the same person and are held for sale or resale, such lots shall be included in one parcel if elected to be treated as one parcel by the owner. Such election shall be made annually by filing an application with the county assessor by December 31.
(4) For purposes of this section, subdivision means the common overall plan or approved preliminary plat.
Source
Laws 2005, LB 263, § 3;
Laws 2014, LB191, § 14.
Annotations
This section does not violate Neb. Const. art. VIII, sec. 1. Agena v. Lancaster Cty. Bd. of Equal., 276 Neb. 851, 758 N.W.2d 363 (2008).
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-202.02 - Property taxable; exempt status; application; hearing; procedure.

77-202.02.
Property taxable; exempt status; application; hearing; procedure.
The county board of equalization, between February 1 and June 1 after a hearing on ten days' notice to the applicant and the publication of notice as provided in section 77-202.01, and after considering the recommendation of the county assessor and any other information it may obtain from public testimony, shall grant or withhold tax exemption for the real property or tangible personal property on the basis of law and of regulations promulgated by the Tax Commissioner.
For applications accepted after approval of a waiver pursuant to section 77-202.01, the county board of equalization shall hear and certify its decision on or before August 15.
Source
Laws 1963, c. 441, § 2, p. 1460;
Laws 1969, c. 640, § 1, p. 2553;
Laws 1980, LB 688, § 2;
Laws 1995, LB 490, § 29;
Laws 1997, LB 270, § 13;
Laws 1997, LB 271, § 41;
Laws 2000, LB 968, § 27;
Laws 2003, LB 292, § 9;
Laws 2005, LB 263, § 4;
Laws 2007, LB334, § 16.
Annotations
The county assessor may recommend taxable or exempt status under section 77-202.01, but may not appeal from ruling of board of equalization. Bemis v. Board of Equalization of Douglas County, 197 Neb. 175, 247 N.W.2d 447 (1976).
A county board of equalization must give an applicant 10 days' notice before a hearing is held on the application. Washington Cty. Bd. of Equal. v. Rushmore Borglum, 11 Neb. App. 377, 650 N.W.2d 504 (2002).
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-202.05 - Property taxable; exempt status; Tax Commissioner; forms; prescribe; contents.

77-202.05.
Property taxable; exempt status; Tax Commissioner; forms; prescribe; contents.
The Tax Commissioner shall prescribe forms for distribution to the county assessors on which persons, corporations, and organizations may apply for tax-exempt status for real or tangible personal property. The forms shall include the following information:
(1) Name of owner or owners of the property, and if a corporation, the names of the officers and directors, and place of incorporation;
(2) Legal description of real property and a general description as to class and use of all tangible personal property;
(3) The precise statutory provision under which exempt status for such property is claimed; and
(4) An estimated valuation for the property.
Source
Laws 1963, c. 441, § 5, p. 1461;
Laws 1969, c. 643, § 1, p. 2557;
Laws 1995, LB 490, § 32;
Laws 1997, LB 271, § 44;
Laws 2000, LB 968, § 30;
Laws 2007, LB334, § 19;
Laws 2021, LB521, § 2.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-202.09 - Cemetery organization; exemption; application; procedure; late filing.

77-202.09.
Cemetery organization; exemption; application; procedure; late filing.
Any cemetery organization seeking a tax exemption for any real property used to maintain areas set apart for the interment of human dead shall apply for exemption to the county assessor on forms prescribed by the Tax Commissioner. An application for a tax exemption shall be made on or before December 31 of the year preceding the year for which the exemption is sought. The county assessor shall examine the application and recommend either taxable or exempt to the county board of equalization on or before March 1 following. If a cemetery organization seeks a tax exemption for any real or tangible personal property acquired for or converted to exempt use on or after January 1, the organization shall make application for exemption on or before July 1. The procedure for reviewing the application shall be the same as for other exemptions pursuant to subdivisions (1)(c) and (d) of section 77-202. Any cemetery organization which fails to file on or before December 31 for exemption may apply on or before June 30 pursuant to subsection (2) of section 77-202.01, and the penalty and procedures specified in section 77-202.01 shall apply.
Source
Laws 1997, LB 270, § 16;
Laws 1999, LB 271, § 7;
Laws 2007, LB334, § 20;
Laws 2010, LB708, § 2;
Laws 2021, LB63, § 2.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-202.10 - Cemetery organization; period of exemption; annual review.

77-202.10.
Cemetery organization; period of exemption; annual review.
Any real property exemption granted to a cemetery organization shall remain in effect without reapplication unless disqualified by change of ownership or use. On or before August 1 the county assessor shall annually make a review of the ownership and use of all cemetery real property and report such review to the county board of equalization.
Source
Laws 1997, LB 270, § 17.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-202.12 - Public property; taxation status; county assessor; duties; appeal.

77-202.12.
Public property; taxation status; county assessor; duties; appeal.
(1) On or before March 1, the county assessor shall send notice to the state or to any governmental subdivision if it has property not being used for a public purpose upon which a payment in lieu of taxes is not made. Such notice shall inform the state or governmental subdivision that the property will be subject to taxation for property tax purposes. The written notice shall contain the legal description of the property and be given by first-class mail addressed to the state's or governmental subdivision's last-known address. If the property is leased by the state or the governmental subdivision to another entity and the lessor does not intend to pay the taxes for the lessee as allowed under subsection (4) of section 77-202.11, the lessor shall immediately forward the notice to the lessee.
(2) The state, governmental subdivision, or lessee may protest the determination of the county assessor that the property is not used for a public purpose to the county board of equalization on or before April 1. The county board of equalization shall issue its decision on the protest on or before May 1.
(3) The decision of the county board of equalization may be appealed to the Tax Equalization and Review Commission on or before June 1. The Tax Commissioner in his or her discretion may intervene in an appeal pursuant to this section within thirty days after notice by the Tax Equalization and Review Commission that an appeal has been filed pursuant to this section.
Source
Laws 1999, LB 271, § 9;
Laws 2000, LB 968, § 32;
Laws 2005, LB 263, § 5;
Laws 2007, LB334, § 21;
Laws 2011, LB384, § 4.
Annotations
Where the lessees of public property were not sent notice pursuant to this section or section 77-202.11 and were not parties to the proceedings before the board of equalization or the Tax Equalization and Review Commission, the Tax Equalization and Review Commission lacked jurisdiction to decide whether property taxes could be assessed against the lessees. Conroy v. Keith Cty. Bd. of Equal., 288 Neb. 196, 846 N.W.2d 634 (2014).
Where the parties availed themselves of the procedure in this section and the issue to be decided by the board of equalization was whether the relevant parcels were used for a public purpose, the appeal to the Tax Equalization and Review Commission was governed by the June 1 deadline in this section. Conroy v. Keith Cty. Bd. of Equal., 288 Neb. 196, 846 N.W.2d 634 (2014).
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-202.23 - Disabled or blind honorably discharged veteran; terms, defined.

77-202.23.
Disabled or blind honorably discharged veteran; terms, defined.
As used in sections 77-202.23 and 77-202.24, unless the context otherwise requires:
(1) Disabled person shall mean a veteran who has lost the use of or has undergone amputation of two or more extremities or has undergone amputation of one or more extremities and has lost the use of one or more extremities; and
(2) Blind shall mean a veteran whose sight is so defective as to seriously limit his ability to engage in the ordinary vocations and activities of life.
Source
Laws 1971, LB 990, § 1;
Laws 1979, LB 273, § 1.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-202.24 - Disabled or blind veteran; mobile home exempt.

77-202.24.
Disabled or blind veteran; mobile home exempt.
A mobile home shall be exempt from taxation if it is owned and occupied by a disabled or blind veteran of the United States Armed Forces whose disability or blindness is recognized by the United States Department of Veterans Affairs as service connected and who was discharged or otherwise separated with a characterization of honorable or general (under honorable conditions).
Source
Laws 1971, LB 990, § 2;
Laws 1979, LB 273, § 2;
Laws 1991, LB 2, § 16;
Laws 1992, LB 719A, § 162;
Laws 1997, LB 271, § 46;
Laws 2005, LB 54, § 16.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-202.25 - Disabled or blind honorably discharged veteran; property exemption; application; procedure; appeal.

77-202.25.
Disabled or blind honorably discharged veteran; property exemption; application; procedure; appeal.
Application for the exemption provided in section 77-202.24 shall be made to the county assessor on or before April 1 of every year. The county assessor shall approve or disapprove such application and shall notify the taxpayer of his or her decision within twenty days of the filing of the application. The taxpayer may appeal the decision of the county assessor to the county board of equalization within twenty days after notice of the decision is mailed by the county assessor.
The taxpayer may appeal any decision of the county board of equalization under this section pursuant to section 77-202.04.
Source
Laws 1984, LB 835, § 3;
Laws 1995, LB 490, § 36;
Laws 1997, LB 271, § 47.
2023 Nebraska Revised Statutes › Chapter 77 - Revenue and Taxation › 77-203 - Property taxes; when due; first lien.

77-203.
Property taxes; when due; first lien.
All property taxes levied for any county, city, village, or other political subdivision therein shall be due and payable on December 31 next following the date of levy except as provided in section 77-1214. Commencing on that date taxes on real property shall be a first lien on the property taxed until paid or extinguished as provided by law. Taxes on personal property shall be a first lien upon the personal property of the person to whom assessed until paid.
Source
Laws 1903, c. 73, § 14, p. 390;
R.S.1913, § 6302;
Laws 1919, c. 163, § 1, p. 367;
Laws 1921, c. 133, art. II, § 3, p. 547;
C.S.1922, § 5822;
C.S.1929, § 77-203;
Laws 1933, c. 134, § 1, p. 513;
Laws 1935, c. 151, § 1, p. 557;
Laws 1937, c. 167, § 2, p. 636;
Laws 1939, c. 98, § 2, p. 421;
Laws 1941, c. 157, § 2, p. 607;
C.S.Supp.,1941, § 77-1959;
R.S.1943, § 77-203;
Laws 1959, c. 354, § 4, p. 1249;
Laws 1969, c. 645, § 1, p. 2559;
Laws 1971, LB 945, § 3;
Laws 1997, LB 269, § 35;
Laws 1998, LB 1104, § 7.
Annotations
1. First lien
2. Miscellaneous
1. First lien
All general real property taxes are a first lien. Polenz v. City of Ravenna, 145 Neb. 845, 18 N.W.2d 510 (1945).
Lien of taxes is not satisfied by statutory sale of property, but the sale only operates to transfer the lien to the purchaser. Coffin v. Old Line Life Ins. Co., 138 Neb. 857, 295 N.W. 884 (1941).
Special assessments are subsequent to general taxes in distribution of proceeds of tax foreclosure sale. Douglas County v. Shannon, 125 Neb. 783, 252 N.W. 199 (1934).
Since taxes are required to be paid and are a first lien on land, agreement to pay taxes and highest rate of interest is usurious and invalidates mortgage to extent of usury. Matthews v. Guenther, 120 Neb. 742, 235 N.W. 98 (1931).
Taxes take precedence over all other liens. Merriam v. Goodlett, 36 Neb. 384, 54 N.W. 686 (1893); Mutual Ben. Life Ins. Co. v. Siefken, 1 Neb. Unof. 860, 96 N.W. 603 (1901).
Lien of taxes due to county was inferior to perfected loan of agency of United States. United States v. Hauff, 267 F.Supp. 390 (D. Neb. 1966).
Proceeds of sale of real estate of bankrupt corporation were allocated first to county for real estate taxes. In re Independent Truckers, Inc., 226 F.Supp. 440 (D. Neb. 1963).
2. Miscellaneous
Under this section, property tax liability is not determinable or chargeable until December 31 following the prior year. Under this section, property tax liability is not apportionable between the real estate life tenant and the remaindermen. In re Estate of Olsen, 254 Neb. 809, 579 N.W.2d 529 (1998).
Where right to levy certain taxes is clearly conferred on cities of metropolitan class, such cities may supply the details necessary for full exercise of such power. Chicago & N. W. Ry. Co. v. Bauman, 132 Neb. 67, 271 N.W. 256 (1937).
Life tenant should pay taxes on land during continuance of his estate. Spiech v. Tierney, 56 Neb. 514, 76 N.W. 1090 (1898).