reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3102 - Legislative findings and declarations.

76-3102.
Legislative findings and declarations.
The Legislature finds and declares that the public policy of this state favors the marketability of real property and the transferability of interests in real property free of title defects or unreasonable restraints on alienation. The Legislature further finds and declares that private transfer fee obligations violate this public policy by impairing the marketability and transferability of real property and by constituting an unreasonable restraint on alienation regardless of the duration of the obligation to pay a private transfer fee, the amount of a private transfer fee, or the method by which any private transfer fee is created or imposed. The Legislature finds and declares that a private transfer fee obligation should not run with the title to property or otherwise bind subsequent owners of property under any common-law or equitable principle.
Source
Laws 2011, LB26, § 2.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3105 - Payee, defined.

76-3105.
Payee, defined.
Payee means the person who claims the right to receive or collect a private transfer fee payable under a private transfer fee obligation, whether or not the person has a pecuniary interest in the private transfer fee obligation.
Source
Laws 2011, LB26, § 5.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3107 - Private transfer fee obligation, defined.

76-3107.
Private transfer fee obligation, defined.
Private transfer fee obligation means an obligation arising under a declaration or covenant recorded against the title to real property, or under any other contractual agreement or promise, whether or not recorded, that requires or purports to require the payment of a private transfer fee upon a subsequent transfer of an interest in the real property.
Source
Laws 2011, LB26, § 7.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3109 - Private transfer fee obligation; how treated.

76-3109.
Private transfer fee obligation; how treated.
A private transfer fee obligation recorded or entered into in this state on or after March 11, 2011, does not run with the title to real property and is not binding on or enforceable at law or in equity against any subsequent owner, purchaser, mortgagee, or trustee of any interest in real property as an equitable servitude or otherwise. Any private transfer fee obligation that is recorded or entered into in this state on or after March 11, 2011, is void and unenforceable. This section shall not be construed to mean that a private transfer fee obligation recorded or entered into in this state before March 11, 2011, is presumed valid and enforceable.
Source
Laws 2011, LB26, § 9.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3110 - Recordation of or agreement imposing a private transfer fee obligation; liability.

76-3110.
Recordation of or agreement imposing a private transfer fee obligation; liability.
Any person who records or enters into an agreement imposing a private transfer fee obligation in his or her favor after March 11, 2011, shall be liable for (1) any and all damages resulting from the imposition of the private transfer fee obligation on the transfer of an interest in the real property, including the amount of any transfer fee paid by a party to the transfer, and (2) all attorney's fees, expenses, and costs incurred by a party to the transfer or mortgagee of the real property to recover any private transfer fee paid or in connection with an action to quiet title. If an agent acts on behalf of a principal to record or secure a private transfer fee obligation, liability shall be assessed to the principal rather than the agent.
Source
Laws 2011, LB26, § 10.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3111 - Contract for sale of real property subject to private transfer fee obligation; requirements; failure to disclose; rights of buyer.

76-3111.
Contract for sale of real property subject to private transfer fee obligation; requirements; failure to disclose; rights of buyer.
(1) Any contract for the sale of real property subject to a private transfer fee obligation shall include a provision disclosing the existence of that obligation, a description of the obligation, and a statement that private transfer fee obligations are subject to certain prohibitions under the Private Transfer Fee Obligation Act. A contract for sale of real property which does not conform to the requirements of this section shall not be enforceable by the seller against the buyer, nor shall the buyer be liable to the seller for damages under such a contract, and the buyer under such a contract shall be entitled to the return of all deposits made in connection with the sale of the real property.
(2) If a private transfer fee obligation is not disclosed under subsection (1) of this section and a buyer subsequently discovers the existence of such private transfer fee obligation after title to the property has passed to the buyer, the buyer shall have the right to recover (a) any and all damages resulting from the failure to disclose the private transfer fee obligation, including the amount of any private transfer fee paid by the buyer, or the difference between (i) the market value of the real property if it were not subject to a private transfer fee obligation and (ii) the market value of the real property as subject to a private transfer fee obligation, and (b) all attorney's fees, expenses, and costs incurred by the buyer in seeking the buyer's remedies under this subsection.
(3) Any provision in a contract for sale of real property that purports to waive the rights of a buyer under this section shall be void.
Source
Laws 2011, LB26, § 11.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3201 - Act, how cited.

76-3201.
Act, how cited.
Sections 76-3201 to 76-3222 shall be known and may be cited as the Nebraska Appraisal Management Company Registration Act.
Source
Laws 2011, LB410, § 1;
Laws 2018, LB17, § 2.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3203.02 - Federally regulated appraisal management company; report; board; fees; powers.

76-3203.02.
Federally regulated appraisal management company; report; board; fees; powers.
(1) A federally regulated appraisal management company must report all information required to be submitted to the Appraisal Subcommittee pursuant to Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, the AMC final rule, and any policy or rule established by the Appraisal Subcommittee related to its operation in this state, including, but not limited to, the collection of information related to ownership limitations.
(2) The board may collect and transmit to the Appraisal Subcommittee any fees established by the Appraisal Subcommittee pursuant to Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, the AMC final rule, and any policy or rule established by the Appraisal Subcommittee required for inclusion on the AMC National Registry, and collect any fees as deemed appropriate by the board for services provided as related to a federally regulated appraisal management company’s operation in this state.
(3) Nothing in the Nebraska Appraisal Management Company Registration Act shall prevent issuance by the board of a registration to a federally regulated appraisal management company.
(4) Except for a federally regulated appraisal management company that holds a registration issued by the board, section 76-3202, and this section, a federally regulated appraisal management company is exempt from the Nebraska Appraisal Management Company Registration Act.
Source
Laws 2018, LB17, § 6.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3204 - Act; exemptions.

76-3204.
Act; exemptions.
The Nebraska Appraisal Management Company Registration Act does not apply to:
(1) A department or division of a person that provides appraisal management services only to itself; or
(2) A person that provides appraisal management services but does not meet the requirement established by subdivision (6)(c) of section 76-3202.
Source
Laws 2011, LB410, § 4;
Laws 2015, LB139, § 73;
Laws 2018, LB17, § 7;
Laws 2019, LB77, § 14.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3205 - Company not domiciled in state; service of process.

76-3205.
Company not domiciled in state; service of process.
Each appraisal management company that holds a registration but is not domiciled in this state shall submit an irrevocable consent that service of process upon such person may be made by delivery of the process to the director of the board if the plaintiff cannot, in the exercise of due diligence, effect personal service upon the person in an action against the applicant in a court of this state arising out of the person's activities in this state.
Source
Laws 2011, LB410, § 5;
Laws 2018, LB17, § 8.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3206 - Board; fees.

76-3206.
Board; fees.
(1) The board shall charge and collect fees for its services under the Nebraska Appraisal Management Company Registration Act as follows:
(a) An application fee of no more than three hundred fifty dollars;
(b) An initial registration fee of no more than two thousand dollars;
(c) A renewal registration fee of no more than one thousand five hundred dollars; and
(d) A late renewal processing fee of twenty-five dollars for each month or portion of a month the renewal registration fee is late.
(2) The board may collect and transmit to the Appraisal Subcommittee any fees established by the Appraisal Subcommittee under Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, the AMC final rule, and any policy or rule established by the Appraisal Subcommittee required for inclusion on the AMC National Registry.
Source
Laws 2011, LB410, § 6;
Laws 2018, LB17, § 9.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3207 - Applicant for registration or renewal; ownership restrictions; fingerprint submission; criminal history record check; costs.

76-3207.
Applicant for registration or renewal; ownership restrictions; fingerprint submission; criminal history record check; costs.
(1) A person applying for issuance of a registration or renewal of a registration shall not:
(a) In whole or in part, directly or indirectly, be owned by any person who has had a credential or equivalent refused, denied, canceled, or revoked or who has surrendered a credential or equivalent in lieu of revocation in any jurisdiction for a substantive cause as determined by the board; and
(b) Be more than ten percent owned by a person who is not of good moral character, which for purposes of this section shall require that such person has not been convicted of, or entered a plea of nolo contendere to, a felony relating to the real property appraisal practice or any crime involving fraud, misrepresentation, or moral turpitude or failed to submit to a criminal history record check through the Nebraska State Patrol and the Federal Bureau of Investigation.
(2) For purposes of subdivision (1)(b) of this section, each individual owner of more than ten percent of an appraisal management company shall, at the time an application for issuance of a registration is made, submit two copies of legible ink-rolled fingerprint cards or equivalent electronic fingerprint submissions to the board for delivery to the Nebraska State Patrol in a form approved by both the Nebraska State Patrol and the Federal Bureau of Investigation. The board shall pay the Nebraska State Patrol the costs associated with conducting a fingerprint-based national criminal history record check through the Nebraska State Patrol and the Federal Bureau of Investigation with such record check to be carried out by the board.
(3) For the purpose of subdivision (1)(a) of this section, a person is not barred from issuance of a registration if the credential or equivalent of the person with an ownership interest was not refused, denied, canceled, revoked, or surrendered in lieu of revocation for a substantive cause as determined by the board and has been reinstated by the jurisdiction in which the action was taken.
Source
Laws 2011, LB410, § 7;
Laws 2018, LB17, § 10;
Laws 2020, LB808, § 91.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3208 - Prohibited acts.

76-3208.
Prohibited acts.
(1) An appraisal management company shall not prohibit an AMC appraiser from including within the body of a report that is submitted by the AMC appraiser to the appraisal management company or its assignee the fee agreed upon between the appraisal management company and the AMC appraiser at the time of engagement for the performance of the appraisal.
(2) An appraisal management company shall not directly or indirectly engage in or attempt to engage in business as an appraisal management company or advertise or hold itself out as engaging in or conducting business as an appraisal management company in this state under any legal name or trade name not included in the application for issuance of a registration, or renewal of a registration, as approved by the board.
(3) An appraisal management company shall not require an AMC appraiser to indemnify an appraisal management company or hold an appraisal management company harmless for any liability, damage, losses, or claims arising out of the appraisal management services provided by the appraisal management company.
Source
Laws 2011, LB410, § 8;
Laws 2015, LB139, § 74;
Laws 2018, LB17, § 11.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3209 - Verification of appraiser license or certification.

76-3209.
Verification of appraiser license or certification.
Prior to assigning appraisal orders, an appraisal management company shall have a system in place to verify that an appraiser being added to the appraiser panel holds the appropriate appraiser license or certification in good standing.
Source
Laws 2011, LB410, § 9.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3210 - Compliance with Real Property Appraiser Act.

76-3210.
Compliance with Real Property Appraiser Act.
Any employee of or independent contractor to an appraisal management company that holds a registration, including any AMC appraiser included on an appraisal management company's appraiser panel engaged in real property appraisal practice, shall comply with the Real Property Appraiser Act, including the Uniform Standards of Professional Appraisal Practice.
Source
Laws 2011, LB410, § 10;
Laws 2018, LB17, § 12;
Laws 2020, LB808, § 92.
Cross References
Real Property Appraiser Act, see section 76-2201.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3211 - Verification of license or certification status.

76-3211.
Verification of license or certification status.
Each appraisal management company seeking to be registered in this state shall certify to the board on a biennial basis on a form prescribed by the board that the appraisal management company has a system in place to verify that an appraiser on the appraiser panel has not had a license or certification as an appraiser refused, denied, canceled, revoked, or surrendered in lieu of a pending revocation in any state in the previous twenty-four months.
Source
Laws 2011, LB410, § 11.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3212 - Records; retention.

76-3212.
Records; retention.
Each appraisal management company that holds a registration shall maintain a detailed record of appraisal management services provided under its registration, and upon request shall submit to the board all books, records, reports, documents, and other information as deemed appropriate by the board to administer and enforce the Nebraska Appraisal Management Company Registration Act. Record retention requirements are for a period of five years after appraisal management services are completed or two years after final disposition of a judicial proceeding related to the appraisal management services, whichever period expires later.
Source
Laws 2011, LB410, § 12;
Laws 2018, LB17, § 13.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3213 - Completed report; limit on change.

76-3213.
Completed report; limit on change.
An appraisal management company that holds a registration may not alter, modify, or otherwise change a completed report submitted by an AMC appraiser without his or her written consent.
Source
Laws 2011, LB410, § 13;
Laws 2015, LB139, § 75;
Laws 2018, LB17, § 14.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3214 - Board; issue registration number; maintain list; disclosure on engagement documents.

76-3214.
Board; issue registration number; maintain list; disclosure on engagement documents.
(1) The board shall issue a unique registration number to each appraisal management company that holds a registration.
(2) The board shall maintain a published list of the appraisal management companies that hold registrations and have been issued a registration number pursuant to subsection (1) of this section.
(3) An appraisal management company that holds a registration shall disclose the registration number provided to it by the board on the engagement documents presented to the AMC appraiser.
Source
Laws 2011, LB410, § 14;
Laws 2018, LB17, § 15.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3215 - Payment of fees.

76-3215.
Payment of fees.
Each appraisal management company that holds a registration, except in cases of noncompliance with the conditions of the engagement, shall make payment of fees to an AMC appraiser engaged by the appraisal management company to perform one or more appraisals on behalf of a creditor for a covered transaction or for a secondary mortgage market participant in connection with covered transactions within sixty days after the date on which the AMC appraiser transmits or otherwise provides the report to the appraisal management company or its assignee.
Source
Laws 2011, LB410, § 15;
Laws 2015, LB139, § 76;
Laws 2018, LB17, § 16.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3217 - Violations; disciplinary hearings; notice; procedure; costs.

76-3217.
Violations; disciplinary hearings; notice; procedure; costs.
(1) The board shall conduct disciplinary hearings for any violation of the Nebraska Appraisal Management Company Registration Act in accordance with the Administrative Procedure Act.
(2) Before the board may censure, suspend, or revoke the registration of, or levy a fine or civil penalty against, an appraisal management company, the board shall notify the appraisal management company in writing of any charges made under the Nebraska Appraisal Management Company Registration Act at least twenty days prior to the date set for the hearing and shall permit the appraisal management company an opportunity to be heard in person or by counsel. The notice shall be satisfied by personal service on the contact person of the appraisal management company or agent for service of process in this state or by sending the notice by certified mail, return receipt requested, to the address of the contact person of the appraisal management company that is on file with the board.
(3) Any hearing pursuant to this section shall be heard by a hearing officer at a time and place prescribed by the board. The hearing officer may make findings of fact and shall deliver such findings to the board. The board shall take such disciplinary action as it deems appropriate, subject to the limitations contained within section 76-3216. Costs incurred for an administrative hearing, including fees of counsel, the hearing officer, court reporters, investigators, and witnesses, shall be taxed as costs in such action as the board may direct.
Source
Laws 2011, LB410, § 17;
Laws 2018, LB17, § 18.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3218 - Rules and regulations.

76-3218.
Rules and regulations.
The board may adopt and promulgate rules and regulations not inconsistent with the Nebraska Appraisal Management Company Registration Act which may be reasonably necessary to implement, administer, and enforce the provisions of the act.
Source
Laws 2011, LB410, § 18.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3219 - Appraisal Management Company Fund; created; use; investment.

76-3219.
Appraisal Management Company Fund; created; use; investment.
The board shall collect all fees and other revenue pursuant to the Nebraska Appraisal Management Company Registration Act and shall remit such fees and revenue to the State Treasurer for credit to the Appraisal Management Company Fund, which is hereby created. The fund shall be used to implement, administer, and enforce the act. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 2011, LB410, § 19.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3220 - Material noncompliance; referral to board.

76-3220.
Material noncompliance; referral to board.
An appraisal management company that has a reasonable basis to believe that an appraiser has failed to comply with applicable laws or the Uniform Standards of Professional Appraisal Practice shall refer the matter to the board if the failure to comply is material.
Source
Laws 2011, LB410, § 20.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3221 - Attorney General; duties.

76-3221.
Attorney General; duties.
At the request of the board, the Attorney General shall render an opinion with respect to all questions of law arising in connection with the administration of the Nebraska Appraisal Management Company Registration Act and shall act as attorney for the board in all actions and proceedings brought by or against the board under or pursuant to the act. All fees and expenses of the Attorney General arising out of such duties shall be paid out of the Appraisal Management Company Fund. The Attorney General may appoint special counsel to prosecute such action, and all allowed fees and expenses of such counsel shall be taxed as costs in the action as the court may direct.
Source
Laws 2018, LB17, § 19.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3222 - Violations of act; enforcement actions.

76-3222.
Violations of act; enforcement actions.
Whenever, in the judgment of the board, any person has engaged in or is about to engage in any acts or practices which constitute or will constitute a violation of the Nebraska Appraisal Management Company Registration Act, the Attorney General may maintain an action in the name of the State of Nebraska in the district court of the county in which such violation or threatened violation occurred to abate and temporarily and permanently enjoin such acts and practices and to enforce compliance with the act. The Attorney General shall not be required to give any bond nor shall any court costs be adjudged against the Attorney General.
Source
Laws 2018, LB17, § 20.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3301 - Act, how cited.

76-3301.
Act, how cited.
Sections 76-3301 to 76-3308 shall be known and may be cited as the Oil Pipeline Reclamation Act.
Source
Laws 2011, LB629, § 1;
Laws 2012, LB845, § 1.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3302 - Terms, defined.

76-3302.
Terms, defined.
For purposes of the Oil Pipeline Reclamation Act:
(1) Oil means petroleum of any kind or in any form, including crude oil or any fraction of crude oil;
(2) Pipeline carrier means a person that engages in owning, operating, or managing a pipeline or part of a pipeline for the transportation of oil but does not include an entity under the jurisdiction of the Nebraska Oil and Gas Conservation Commission for in-field flow-lines and gathering lines;
(3) Reclamation means restoration of the areas through which a pipeline is constructed as close as reasonably practicable to the condition, contour, and vegetation that existed prior to construction; and
(4) Reclamation costs include, but are not limited to, the costs of restoration of real and personal property, the costs of restoration of natural resources, the costs of rehabilitation of habitat or wildlife, and the costs of revegetation.
Source
Laws 2011, LB629, § 2.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3303 - Purpose of act; legislative intent.

76-3303.
Purpose of act; legislative intent.
(1) The purpose of the Oil Pipeline Reclamation Act is to ensure that a pipeline carrier which owns, constructs, operates, or manages a pipeline through this state for the transportation of oil is financially responsible for reclamation costs relating to the construction, operation, and management of the pipeline in this state as prescribed in the act.
(2) It is the intent of the Legislature that proper reclamation is accomplished as part of the oil pipeline construction process, including restoration of areas through which a pipeline is constructed as close as reasonably practicable to the condition, contour, and vegetation that existed prior to construction, including stabilizing disturbed areas, establishing a diverse plant environment of native grasses and forbs to create a safe and stable landscape, restoring active cropland to its previous productive capability, mitigating noxious weeds, and managing invasive plants, unless otherwise agreed to by the landowner.
Source
Laws 2011, LB629, § 3;
Laws 2012, LB845, § 2.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3304 - Pipeline carrier; responsible for reclamation costs; commencement of reclamation; period of obligation.

76-3304.
Pipeline carrier; responsible for reclamation costs; commencement of reclamation; period of obligation.
(1) A pipeline carrier owning, operating, or managing a pipeline or part of a pipeline for the transportation of oil in this state shall be responsible for all reclamation costs necessary as a result of constructing the pipeline as well as reclamation costs resulting from operating the pipeline, except to the extent another party is determined to be responsible.
(2) The pipeline carrier shall commence reclamation of the area through which a pipeline is constructed as soon as reasonably practicable after backfill as provided in sections 76-3307 and 76-3308.
(3) A pipeline carrier's obligation for reclamation and maintenance of the pipeline right-of-way shall continue until the pipeline is permanently decommissioned or removed.
Source
Laws 2011, LB629, § 4;
Laws 2012, LB845, § 3.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3305 - Additional reclamation costs.

76-3305.
Additional reclamation costs.
Nothing in the Oil Pipeline Reclamation Act prohibits a state agency, county board, city council, or village board from pursuing reclamation costs for the maintenance and repair of roads, bridges, or other infrastructure related to the construction, maintenance, or operation of a pipeline by a pipeline carrier who is subject to the act.
Source
Laws 2011, LB629, § 5.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3306 - Act; minimum standards; effect of negotiated agreement with landowner; duties under federal law or permits.

76-3306.
Act; minimum standards; effect of negotiated agreement with landowner; duties under federal law or permits.
The Oil Pipeline Reclamation Act provides the minimum standards to be met by a pipeline carrier. The act is not meant to affect the obligations of a pipeline carrier provided for in a negotiated agreement with a landowner and is not to affect the duties of a pipeline carrier under applicable federal law or permits.
Source
Laws 2011, LB629, § 6.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3307 - Pipeline carrier; reclamation actions required within thirty days; exception.

76-3307.
Pipeline carrier; reclamation actions required within thirty days; exception.
A pipeline carrier shall complete final grading, topsoil replacement, installation of erosion control structures, seeding, and mulching within thirty days after backfill except when weather conditions, extenuating circumstances, or unforeseen developments do not permit the work to be done within such thirty-day period.
Source
Laws 2012, LB845, § 4.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3308 - Pipeline carrier; compliance with federal and state laws; plant, seed, and mulch use.

76-3308.
Pipeline carrier; compliance with federal and state laws; plant, seed, and mulch use.
(1) A pipeline carrier shall ensure that all reclamation, including, but not limited to, choice of seed mixes, method of reseeding, and weed and erosion control measures and monitoring, is conducted in accordance with the Federal Seed Act, 7 U.S.C. 1551 et seq., the Nebraska Seed Law, and the Noxious Weed Control Act.
(2) A pipeline carrier shall ensure that genetically appropriate and locally adapted native plant materials and seeds are used based on site characteristics and surrounding vegetation as determined by a preconstruction site inventory.
(3) A pipeline carrier shall ensure that mulch is installed as required by site contours, seeding methods, or weather conditions or when requested by a landowner.
Source
Laws 2012, LB845, § 5.
Cross References
Nebraska Seed Law, see section 81-2,147.
Noxious Weed Control Act, see section 2-945.01.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3402 - Definitions.

76-3402.
Definitions.
For purposes of the Nebraska Uniform Real Property Transfer on Death Act:
(1) Beneficiary means a person that receives property under a transfer on death deed;
(2) Designated beneficiary means a person designated to receive property in a transfer on death deed;
(3) Disinterested witness to a transfer on death deed means any individual who acts as a witness to a transfer on death deed at the date of its execution and who is not a designated beneficiary or an heir, a child, or a spouse of a designated beneficiary;
(4) Joint owner means an individual who owns property concurrently with one or more other individuals with a right of survivorship. The term includes a joint tenant. The term does not include a tenant in common without a right of survivorship;
(5) Person means an individual, a corporation, an estate, a trustee of a trust, a partnership, a limited liability company, an association, a joint venture, a public corporation, a government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity;
(6) Property means an interest in real property located in this state which is transferable on the death of the owner;
(7) Transfer on death deed means a deed authorized under the Nebraska Uniform Real Property Transfer on Death Act; and
(8) Transferor means an individual who makes a transfer on death deed.
Source
Laws 2012, LB536, § 2;
Laws 2013, LB345, § 2.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3403 - Applicability.

76-3403.
Applicability.
The Nebraska Uniform Real Property Transfer on Death Act applies to a transfer on death deed made before, on, or after January 1, 2013, by a transferor dying on or after January 1, 2013. A transfer on death deed is subject to the common-law principles of equity except to the extent modified by the Nebraska Uniform Real Property Transfer on Death Act.
Source
Laws 2012, LB536, § 3.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3405 - Transfer on death deed authorized.

76-3405.
Transfer on death deed authorized.
An individual may transfer property to one or more beneficiaries effective at the transferor's death by a transfer on death deed. If the property is agricultural land, the transferor may designate in the transfer on death deed the disposition of the transferor's interest in growing crops to the transferor's estate or to one or more of the designated beneficiaries. If the property is agricultural land and the transfer on death deed does not contain a designation of the disposition of the transferor's interest in growing crops, the transferor's interest in the growing crops shall pass to the transferor's estate.
Source
Laws 2012, LB536, § 5.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3409 - Signature; witnesses; form.

76-3409.
Signature; witnesses; form.
A transfer on death deed shall be signed by the transferor or by some person in his or her presence and by his or her direction and shall be attested in writing by two or more disinterested witnesses, whose signatures along with the transferor's signature shall be made before an officer authorized to administer oaths under the laws of this state or under the laws of the state where execution occurs and evidenced by the officer's certificate, under official seal, in form and content substantially as follows:
I, .......... the transferor, sign my name to this instrument this ..... day of ..... 20 ....., and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this transfer on death deed to transfer my interest in the described real property and that I sign it willingly or willingly direct another to sign for me, that I execute it as my free and voluntary act for the purposes therein expressed, that I am eighteen years of age or older or am not at this time a minor, and that I am of sound mind and under no constraint or undue influence.
Transferor ..............
We, ...... and ......, the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the transferor signs and executes this transfer on death deed to transfer his or her interest in the described real property and that he or she signs it willingly or willingly directs another to sign for him or her, and that he or she executes it as his or her free and voluntary act for the purposes therein expressed, and that each of us, in the presence and hearing of the transferor, hereby signs this deed as witness to the transferor's signing, and that to the best of his or her knowledge the transferor is eighteen years of age or older or is not at this time a minor and the transferor is of sound mind and under no constraint or undue influence.
Witness ..........
Witness ..........
THE STATE OF ....................
COUNTY OF ....................
Subscribed, sworn to, and acknowledged before me by .........., the transferor, and subscribed and sworn to before me by .......... and ..........., witnesses, this ..... day of ..... 20..... .
(SEAL)(Signed) .....................
(Official capacity of officer) ....................
Source
Laws 2012, LB536, § 9.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3411 - Notice, delivery, acceptance, consideration not required.

76-3411.
Notice, delivery, acceptance, consideration not required.
A transfer on death deed is effective without:
(1) Notice or delivery to or acceptance by the designated beneficiary during the transferor's life; or
(2) Consideration.
Source
Laws 2012, LB536, § 11.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3412 - Statement; filing.

76-3412.
Statement; filing.
A completed statement as provided in subdivision (2)(a) of section 76-214 must be filed at the time that the conveyance of real estate transferred by a transfer on death deed becomes effective due to the death of the transferor or the death of a surviving joint tenant of the transferor.
Source
Laws 2012, LB536, § 12.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3413 - Revocation by instrument authorized; revocation by act not permitted.

76-3413.
Revocation by instrument authorized; revocation by act not permitted.
(a) Subject to subsection (b) of this section, an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument:
(1) Is one of the following:
(A) A transfer on death deed that revokes the deed or part of the deed expressly or by inconsistency;
(B) An instrument of revocation that expressly revokes the deed or part of the deed and that is executed with the same formalities as required in section 76-3409;
(C) An inter vivos deed that expressly or by inconsistency revokes the transfer on death deed or part of the deed; or
(D) An inter vivos deed to a bona fide purchaser that expressly or by inconsistency revokes the transfer on death deed or part of the deed; and
(2) Is an instrument under subdivisions (1)(A), (B), and (C) of this subsection that is acknowledged by the transferor after the acknowledgment of the deed being revoked and is recorded before the transferor's death. For any instrument under subdivision (1)(D) of this subsection, such instrument must be acknowledged by the transferor after the acknowledgment of the deed being revoked and must be recorded before the later of thirty days after being executed or the transferor's death. Any instrument under this subsection shall be recorded in the public records in the office of the register of deeds of the county where the deed being revoked is recorded.
(b) If a transfer on death deed is made by more than one transferor:
(1) Revocation by a transferor does not affect the deed as to the interest of another transferor; and
(2) A deed of joint owners is revoked only if it is revoked by all of the living joint owners who were transferors.
(c) After a transfer on death deed is recorded, it may not be revoked by a revocatory act on the deed.
(d) This section does not limit the effect of an inter vivos transfer of the property.
(e) A bona fide purchaser is a purchaser for value in good faith and without notice of any adverse claim.
Source
Laws 2012, LB536, § 13;
Laws 2020, LB966, § 19.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3414 - Effect of transfer on death deed during transferor's life.

76-3414.
Effect of transfer on death deed during transferor's life.
During a transferor's life, a transfer on death deed does not:
(1) Affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property;
(2) Affect an interest or right of a transferee, even if the transferee has actual or constructive notice of the deed;
(3) Affect an interest or right of a secured or unsecured creditor or future creditor of the transferor, even if the creditor has actual or constructive notice of the deed;
(4) Affect the transferor's or designated beneficiary's eligibility for any form of public assistance except to the extent provided in section 76-3421;
(5) Create a legal or equitable interest in favor of the designated beneficiary; or
(6) Subject the property to claims or process of a creditor of the designated beneficiary.
Source
Laws 2012, LB536, § 14.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3415 - Effect of transfer on death deed at transferor's death.

76-3415.
Effect of transfer on death deed at transferor's death.
(a) Except as otherwise provided in the transfer on death deed, in this section, or in sections 30-2313 to 30-2319 or section 30-2354, on the death of the transferor, the following rules apply to property that is the subject of a transfer on death deed and owned by the transferor at death:
(1) Subject to subdivision (2) of this subsection, the interest in the property is transferred to the designated beneficiary in accordance with the deed;
(2) The interest of a designated beneficiary is contingent on the designated beneficiary surviving the transferor by one hundred twenty hours. If the deed provides for a different survival period, the deed shall determine the survival requirement for designated beneficiaries. The interest of a designated beneficiary that fails to survive the transferor by one hundred twenty hours or as otherwise provided in the deed shall be treated as if the designated beneficiary predeceased the transferor;
(3) Subject to subdivision (4) of this subsection, concurrent interests are transferred to the beneficiaries in equal and undivided shares with no right of survivorship; and
(4) If the transferor has identified two or more designated beneficiaries to receive concurrent interests in the property, the share of one which fails for any reason is transferred to the other, or to the others in proportion to the interest of each in the remaining part of the property held concurrently.
(b) A beneficiary takes the property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests to which the property is subject at the transferor's death.
(c) If a transferor is a joint owner and is:
(1) Survived by one or more other joint owners, the property that is the subject of a transfer on death deed belongs to the surviving joint owner or owners with right of survivorship; or
(2) The last surviving joint owner, the transfer on death deed of the last surviving joint owner transferor is effective.
(d) A transfer on death deed transfers property without covenant or warranty of title even if the deed contains a contrary provision.
(e) If after recording a transfer on death deed the transferor is divorced or his or her marriage is dissolved or annulled, the divorce, dissolution, or annulment revokes any disposition or appointment of property made by the transfer on death deed as provided in section 30-2333.
Source
Laws 2012, LB536, § 15;
Laws 2017, LB517, § 7.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3417 - Liability for creditor claims and statutory allowances.

76-3417.
Liability for creditor claims and statutory allowances.
(a) If other assets of the estate of the transferor are insufficient to pay all claims against the transferor's estate, statutory allowances to the transferor's surviving spouse and children, and the expenses of administration, a transfer under the Nebraska Uniform Real Property Transfer on Death Act subjects the beneficiary to personal liability as provided in this section to the extent needed to pay all claims against the transferor's estate, statutory allowances to the transferor's surviving spouse and children, and the expenses of administration.
(b)(1) A beneficiary who receives property through a transfer on death deed upon the death of the transferor is liable to account to the personal representative of the transferor's estate for a proportionate share of the fair market value of the equity in the interest received to the extent necessary to discharge the claims and allowances described in subsection (a) of this section remaining unpaid after application of the transferor's estate. For purposes of this subdivision (b)(1), the fair market value shall be determined as of the date of death of the transferor. For purposes of this subdivision (b)(1), the beneficiary's proportionate share means the proportionate share of all nonprobate transfers recovered by the personal representative for the payment of the claims and allowances under the Nebraska Uniform Real Property Transfer on Death Act and sections 30-2726, 30-2743, and 30-3850.
(2) A proceeding to assert the liability for claims against the estate and statutory allowances may not be commenced unless the personal representative has received a written demand by the surviving spouse, a creditor, a child, or a person acting for a child of the transferor. The proceeding must be commenced within one year after the death of the transferor.
(c) A beneficiary against whom a proceeding to account is brought may join as a party to the proceeding a surviving party or beneficiary of any other transfer on death deed for the same transferor or any other asset of the transferor subject to sections 30-2726, 30-2743, and 30-3850.
(d) Assets recovered by the personal representative pursuant to this section shall be administered as part of the transferor's estate.
(e) Nothing in this section shall be construed to limit the rights of creditors under other laws of this state.
Source
Laws 2012, LB536, § 17.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3418 - Beneficiary; liability for medicaid reimbursement; liability for creditor claims and statutory allowances; limit.

76-3418.
Beneficiary; liability for medicaid reimbursement; liability for creditor claims and statutory allowances; limit.
A beneficiary to whom an interest is transferred by a transfer on death deed shall be personally liable to account for medicaid reimbursement pursuant to sections 68-919 and 76-3417 to the extent necessary to discharge any such claim remaining unpaid after application of the assets of the transferor's estate. Such liability shall be limited to the value of the interest transferred to the beneficiary. The right to recover applies to medical assistance provided before, at the same time as, or after the signing of and the recording of the transfer on death deed.
Source
Laws 2012, LB536, § 18.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3419 - Certain contracts; requirements.

76-3419.
Certain contracts; requirements.
A contract to make a transfer on death deed, or not to revoke a transfer on death deed, can be established only by a writing evidencing the contract signed by the transferor after January 1, 2013.
Source
Laws 2012, LB536, § 19.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3420 - Transfer on death deed property; acquisition by purchaser or lender; protections; lien for inheritance tax.

76-3420.
Transfer on death deed property; acquisition by purchaser or lender; protections; lien for inheritance tax.
(a) Except as otherwise provided in subsection (b) of this section and subject to a determination of the rights of any parties to an action commenced pursuant to subsection (c) or (d) of section 76-3410, if property or any interest therein transferred to a beneficiary by a transfer on death deed is acquired by a purchaser or lender for value from a beneficiary of a transfer on death deed, the purchaser or lender takes title free of any claims of the estate, personal representative, surviving spouse, creditors, and any other person claiming by or through the transferor of the transfer on death deed, including any heir or beneficiary of the estate of the transferor, and the purchaser or lender shall not incur any personal liability to the estate, personal representative, surviving spouse, creditors, or any other person claiming by or through the transferor of the transfer on death deed, including any heir or beneficiary of the estate of the transferor, whether or not the conveyance by the transfer on death deed was proper. Except as otherwise provided in subsection (b) of this section, to be protected under this section, a purchaser or lender need not inquire whether a transferor or beneficiary of the transfer on death deed acted properly in making the conveyance to the beneficiary by the transfer on death deed.
(b) A purchaser or lender for value from a beneficiary of a transfer on death deed does not take title free of any lien for inheritance tax under section 77-2003.
Source
Laws 2012, LB536, § 20;
Laws 2013, LB345, § 4.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3421 - Medicaid assistance; Department of Health and Human Services; powers.

76-3421.
Medicaid assistance; Department of Health and Human Services; powers.
The Department of Health and Human Services may require revocation of a transfer on death deed by a transferor, a transferor's spouse, or both a transferor and the transferor's spouse in order for the transferor to qualify or remain qualified for medicaid assistance.
Source
Laws 2012, LB536, § 21.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-3422 - Uniformity of application and construction.

76-3422.
Uniformity of application and construction.
In applying and construing the Nebraska Uniform Real Property Transfer on Death Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
Source
Laws 2012, LB536, § 22.