reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 94 › Section 316-94-006 - DRUG TAX STAMPS; AMOUNT OF TAX OWED

Current through June 17, 2024
006.01 Any taxpayer in possession of
				marijuana or controlled substances in amounts equal to or greater than the
				minimum threshold amounts shall purchase drug tax stamps from the Department of
				Revenue in an amount at least equal to the amount of tax due on the
				drugs.
006.02 Any person in
				possession of the threshold amount of any single type of drug shall be
				considered a dealer and shall be liable for taxes on all other drugs in his or
				her possession, regardless of whether or not the dealer possesses the other
				drugs in quantities sufficient to meet minimum threshold amounts.
006.03 In the event a dealer liable for drug
				taxes owes an amount unequal to any possible combination of drug stamp
				denominations, that dealer shall be required to purchase stamps valued at the
				next lowest amount possible which exceeds the actual amount of tax owed on the
				drugs the dealer possesses.
006.04
				In the event a dealer purchases drug stamps in an amount at least equal to his
				or her tax liability for a quantity of marijuana or controlled substances but
				then subdivides the original quantity of drugs into smaller quantities, an
				appropriate amount of drug stamps must be affixed to each new container.
006.04A The amount of stamps affixed to each
				container of subdivided marijuana or controlled substance must reflect at least
				the tax owed on the quantity of marijuana or controlled substance
				therein.
006.04B Each container of
				marijuana or controlled substance must be affixed with a sufficient amount of
				drug stamps, regardless of the quantity of drug therein, if the aggregate
				amount of the drugs in the dealer's possession meets a threshold
				amount.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 94 › Section 316-94-007 - AMOUNT OF DRUGS POSSESSED; METHOD OF CALCULATING

Current through June 17, 2024
007.01 In all cases, the purity of the drug
				shall not be considered in calculating the amount of tax owed. All voluntary
				payments or assessments shall be made as if the drug were 100% pure.
007.02 When an individual possesses a drug in
				a form that does not lend itself accurately to measurement based upon weight,
				dosage unit or volume, the Department shall utilize whatever method of
				measurement and assessment is reasonable and appropriate in the circumstances.
007.02A In the event an assessee disputes the
				Department's calculation of the amount of taxable drugs in such a circumstance,
				the assessee may arrange with a court, at his or her own expense, to have the
				drugs weighed, sorted, cleaned, sifted or otherwise reevaluated, when said
				drugs have not been previously destroyed. The Department must receive notice of
				any hearing scheduled on an application to have drug quantities reevaluated and
				must also be notified of the time and place of any scheduled reevaluation
				testing.
007.02A(1) If provided with new
				information as a result of a reevaluation, the Department shall not be
				obligated to increase or decrease its assessment if it determines the
				reevaluation method was flawed.
007.02A(2) In the event a reevaluation is
				conducted without prior approval of the reevaluation method from the Department
				of Revenue, the Department need not alter its assessment based upon the
				reevaluation results but may consider the results should it determine an
				increase or decrease in the amount of the assessment is appropriate.
007.02A(3) The Department shall not
				unreasonably withhold approval of a reevaluation method, and the likelihood
				that a reevaluation would result in a decrease in the amount of an assessment
				shall not alone be cause for withholding approval of a reevaluation
				method.
007.02A(4) Nothing in these
				regulations shall be interpreted as giving an assessee the right to have drug
				weight or measurements reevaluated without an order of a court.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 94 › Section 316-94-008 - DRUG TAX ASSESSMENT; ADJUSTMENT OF AMOUNT

Current through June 17, 2024
008.01 In addition to weighing or measuring
				the quantity of drugs found in his or her possession pursuant to these
				regulations, an assessee shall have the right to request that the Department
				consider any mitigating evidence which would result in a lower tax liability if
				accepted.
008.02 Regardless of any
				other provision in these regulations, the Tax Commissioner shall have the
				authority to abate any penalty or reduce the amount of any assessment levied
				pursuant to this program.
008.02A The Tax
				Commissioner shall have the authority to enter into payment agreements with any
				assessee.
008.02B A petition to the
				Tax Commissioner for redetermination must be in writing. Petitions for
				redetermination must be filed or postmarked within ten days of either service
				of the assessment or mailing of the assessment to the last known address of the
				assessee via registered or certified mail. All petitions for redetermination
				must be accompanied by payment of the tax or suitable security for the payment
				of the tax.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 94 › Section 316-94-010 - DRUG TAX PROGRAM; PROTESTED ASSESSMENT OR OVERASSESSMENT

Current through June 17, 2024
010.01 Any assessee who desires to contest
				the amount of an assessment levied under the provisions of this program must
				file a protest with the Department, utilizing normal protest procedures, within
				ten days of the date the assessment was served in person, or within ten days of
				the mailing of the assessment notice by certified or registered mail to the
				last known address of the assessee.
010.01A
				Any jeopardy assessment in effect on October 1, 1991, shall become final if no
				protest or request for redetermination by the Tax Commissioner has been filed
				or postmarked by October 10, 1991.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 94 › Section 316-94-011 - DRUG TAX ASSESSMENTS; INTEREST AND PENALTIES

Current through June 17, 2024
011.01 If any individual possesses marijuana
				or controlled substances in amounts greater than or equal to the threshold
				amount and fails to purchase drug tax stamps, he or she shall be subject to a
				penalty of one hundred percent of the tax that is owed.
011.02 Payment of the tax and penalty is due
				no later than the tenth day from the date of personal service of the
				assessment, or ten days from the date of mailing of the assessment via
				registered or certified mail to the last known address of the assessee.
011.02A Failure to pay the tax within ten
				days shall result in the accrual of interest from the earliest known day of
				possession, at such rate as the Legislature has set, and collection of the tax,
				interest, and penalty by any method prescribed in the Uniform State Tax Lien
				Registration and Enforcement Act, subject to the limitations of section
				77-4312.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 316 - NEBRASKA DEPARTMENT OF REVENUE › Chapter 94 › Section 316-94-012 - DRUG TAX REVENUE; DISTRIBUTION OF FUNDS

Current through June 17, 2024
012.01 Effective October 1, 1991, all revenue
				originating from a county as defined by the Marijuana and Controlled Substances
				Tax Act and obtained by the Department through the Drug Tax Program shall be
				remitted to the State Treasurer for distribution in the following manner:
012.01A Five percent to the Marijuana and
				Controlled Substances Tax Administration Cash Fund;
012.01B Forty-seven and one half percent to
				the County Drug Law Enforcement and Education Fund of the county from which the
				proceeds originated, but no county shall be entitled to receive more than
				forty-seven and one half percent of the actual amount collected from
				it;
012.01C Forty-seven and one
				half percent to the Nebraska State Patrol Drug Control and Education Cash
				Fund.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 10 - Real Property Regulations › Section 350-10-001 - PURPOSE

Current through June 17, 2024
001.01 Real property
These regulations address the duties, procedures, and
				  recordkeeping responsibilities of county assessors when valuing real property.
				  They also detail the duties and powers of the county board of equalization
				  requiring that all real property in the county is assessed uniformly and
				  proportionately.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 10 - Real Property Regulations › Section 350-10-002 - DEFINITIONS

Current through June 17, 2024
002.01 Actual value
Actual value means the market value or fair market value of
				  real property in the ordinary course of trade. It is the most probable price,
				  expressed in terms of money, that a property will bring if exposed for sale in
				  the open market or in an arm's-length transaction between a willing seller and
				  a willing buyer, both of whom are knowledgeable concerning all the uses to
				  which the real property is adapted and for which it is capable of being used.
				  Actual value may be determined using professionally-accepted mass appraisal
				  methods, including, but not limited to, the:
(1) sales comparison approach;
(2) income approach; and
(3) cost approach.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 10 - Real Property Regulations › Section 350-10-003 - PROCEDURES

Current through June 17, 2024
003.01 All real property including fixtures
				other than trade fixtures, buildings and structures under construction, and any
				mobile homes or cabin trailers that are owned by a dealer and not located at
				the dealer's business location, will be assessed as of January 1, 12:01 a.m.
				annually. The assessment level of real property is:
003.01A All real property, other than
				agricultural land and horticultural land, is valued at 100% of its actual
				value;
003.01B Agricultural land
				and horticultural land is valued at 75% of its actual value;
003.01C Agricultural land and horticultural
				land, which has value for purposes other than for agriculture or horticulture,
				and meets the qualifications for special valuation assessment, is valued at 75%
				of the special valuation.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 10 - Real Property Regulations › Section 350-10-004 - MANUALS

Current through June 17, 2024
004.01 Every county assessor will use all
				manuals issued by the Property Tax Administrator and the Tax Commissioner as a
				basis for the performance of his or her t duties. Classifications or assessment
				methods included in any manual will be used as a basis for the assessment of
				all real property uniformly throughout each county. Unless otherwise provided
				by law, no deviation from the classifications or assessment methods is allowed,
				unless the deviation is necessary for compliance with the laws of the state or
				regulations promulgated by the Property Tax Administrator and the Tax
				Commissioner. Thorough documentation of each deviation, clearly stating the
				reasons for the deviation, must be included in the property record file of the
				parcel in question.
004.02 The
				county assessor must use the Nebraska Assessor's Reference Manual, as issued
				and updated by the Department of Revenue, Property Assessment Division or
				Property Tax Administrator and the Tax Commissioner, in the performance of his
				or her duties.
004.03 The Marshall
				Valuation Service, including associated handbooks, as published and updated by
				Marshall and Swift Publishing Company, must be used for uniform identification
				of the physical characteristics of real property. If a county assessor wishes
				to utilize an alternative characteristics system, the county assessor must make
				this request in writing to the Property Tax Administrator. If the Property Tax
				Administrator is satisfied that the alternative method provides a
				characteristics system that reasonably corresponds with the Marshall and Swift
				Valuation Service to assure consistency with other counties, he or she will
				grant approval in writing to the county assessor.
004.04 If the Property Tax Administrator has
				reason to believe that any county assessor has failed to properly implement any
				manual as required by law, a hearing will be held pursuant to the
				Administrative Procedures Act of the Nebraska statutes. See, Practice and
				Procedures Regulations, Chapter 90, and Proceedings Instituted by the
				Department of Revenue, Chapter 91.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 10 - Real Property Regulations › Section 350-10-005 - RECORD KEEPING

Current through June 17, 2024
005.01 Every county assessor must prepare and
				maintain a property record file which includes a property record card for each
				parcel in the county, including improvements on leased land. The property
				record file and property record card must be updated annually by the county
				assessor to reflect any changes made to the assessment information for the
				property.
005.01A Each property record card
				must contain the following items:
005.01A(1)
				The legal description, which must be prepared using one of the following
				methods: government survey; lot number of a recorded plat; metes and bounds; or
				tax lot number. The legal description on the record card must be sufficiently
				complete so that the parcel can be located and identified. If a metes and
				bounds description is used, it must begin at a known point that can be readily
				identified and the description must close. If there are more than 160
				characters in the legal description, a tax lot number system must be developed.
				If the county does not have a tax lot number system, pursuant to Neb. Rev.
				Stat. §§
											23-304
				through
				23-307,
				the county assessor will keep a copy of the complete legal description in the
				record file or in a reference book in his or her office;
005.01A(2) The book and page number of the
				last deed of record during the past five years and any changes of record
				ownership including an area for noting splits or additions to the original
				parcel during the past five years.
005.01A(3) The current record owner's name
				and mailing address.
005.01A(4)
				The address of the parcel if it is different from the owner's mailing address
005.01A(5) The cadastral map book
				and page numbers, or GIS reference number
005.01A(6) The current property
				classification code pursuant to REG-10-0045.02;
005.01A(7) The tax district code as
				determined by the county
005.01A(8)
				The current year and one or more prior years' history of the final assessed
				value of the land and improvements, except for real property that receives a
				property tax exemption
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 10 - Real Property Regulations › Section 350-10-006 - IMPROVEMENTS ON LEASED LAND

Current through June 17, 2024
006.01 Improvements on leased land or leased
				public land are real property and must be assessed in the same manner as other
				real property. The taxes on improvements on leased land must be collected in
				the same manner as the collection of taxes on other real property.
006.02 Improvements on leased public land
				must be assessed, together with the value of the lease, to the owner of the
				improvements as real property. The situs of improvements on leased land must be
				the same as the land upon which the improvement is located. The Improvements on
				Leased Public Land Assessment Application, Form 402P, must be filed stating
				that the specifically described improvements on the leased public land are the
				property of the lessee. This form must be filed with the county assessor of the
				county where the land is located on or before March 1 and must be signed by the
				owner of the improvements. A new Form 402P must be filed following any change
				in the improvements or ownership.
006.03 Improvements on leased land, other
				than leased public land, must be assessed to the owner of the leased land
				unless Form 402, is filed stating that specifically described improvements on
				the leased land are the property of the lessee. This form must be filed with
				the county assessor of the county where the land is located by either the owner
				of the land or the owner of the improvements before March 1. A new Form 402
				must be filed and signed by the owner of the improvements following any change
				in the improvements or ownership.
006.04 When improvements are placed on leased
				land, and are listed separately to the owner of the improvements, the actual
				value of the land and improvements must be determined without regard to the
				fact that the owner of the improvements is not the owner of the land.
006.05 If either the owner of the improvement
				or the owner of the land claims that the value of his or her interest in the
				real property is reduced because of the terms of the contract or because of the
				prospective termination or expiration of the term, he or she must serve notice
				of this claim in writing by mail on the owner of the land or the owner of the
				improvement and on the county assessor, together with an affidavit that notice
				was served on the other party before January 1. If the claim is determined to
				be valid, the county assessor must apportion the total value of the
				improvements between the owner of the improvements and the owner of the land.
				The county assessor must give notice to the parties of the findings by mail on
				or before June 1.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 11 - Agricultural or Horticultural Land Special Valuation Assessment Regulations › Section 350-11-001 - PURPOSE

Current through June 17, 2024
001.01 Since urban development and other
				non-agricultural development can have an economic impact on neighboring
				agricultural or horticultural land, Neb. Rev. Stat. Sections
				77-1343
				through
				77-1348 were
				enacted. The special valuation assessment provides for a taxable value based
				solely on seventy-five (75) percent of the actual value of land for
				agricultural or horticultural purposes or uses, without regard to the actual
				value the land might have for other purposes or uses, allowing persons wishing
				to continue to engage in agriculture as a livelihood, from being forced to
				discontinue their agricultural endeavors as a result of excessive tax burdens.
				It is also recognized that special valuation assessment reduces the value base
				for property tax purposes. To limit this effect, a recapture of the tax benefit
				received is imposed through 2008, when the property ceases to qualify for the
				special valuation.
001.02 Under
				advisement of the Greenbelt Advisory Committee, the following regulations set
				forth the requirement of the assessor to determine (1) the actual value of the
				land based on current sales, and, (2) the actual value of the land based on
				current sales of similar land not subject to influences other than the
				agricultural and horticultural uses of the land, or (3) actual value of the
				land based on the present value attributable to agricultural and horticultural
				uses of the land.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 11 - Agricultural or Horticultural Land Special Valuation Assessment Regulations › Section 350-11-003 - ELIGIBILITY

Current through June 17, 2024
003.01 In order to be eligible for the
				special valuation assessment the land must meet the following criteria:
003.01A The land must be located outside the
				corporate boundaries of any sanitary and improvement district, city, or
				village, except that land within the corporate boundaries of a city or village
				if the land is subject to a conservation or preservation easement as provided
				in the Conservation and Preservation Easements Act and the governing body of
				the city or village approves an agreement creating the easement, would be
				eligible;
003.01B The land must be
				agricultural or horticultural land. Eligibility shall be determined annually as
				of January 1. However, the land must remain eligible the entire year in order
				to retain the special valuation assessment for that year. To remain eligible in
				succeeding years the land must continue to be agricultural or horticultural
				land.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 11 - Agricultural or Horticultural Land Special Valuation Assessment Regulations › Section 350-11-004 - APPLICATION PROCEDURE

Current through June 17, 2024
004.01 The initiation of special valuation
				assessment is dependent on the filing of an application for special valuation
				assessment by the applicant or authorized representative of the applicant. If
				the land qualifies for the special valuation assessment pursuant to
				Reg-11-003,
				the assessor shall approve the application. No action of a county board of
				equalization is required for the special valuation assessment to be
				implemented.
004.02 Application for
				the special valuation assessment shall be submitted to the assessor on or
				before June 30. Any application received after June 30 shall be accepted only
				as an application for the following year, except for action by the county board
				of equalization pertaining to the assessment of agricultural and horticultural
				land that is undervalued, overvalued, or omitted from the assessment roll and
				clerical errors involving the assessment of agricultural and horticultural
				land. See REG-11-004.08 for the submitting of applications because of county
				board of equalization action on undervalued, overvalued or omitted agricultural
				and horticultural land and clerical errors involving agricultural and
				horticultural land. The application shall be made on the Special Valuation
				Application, Form 456, prescribed by the Tax Commissioner and supplied by the
				assessor. The application must be submitted on behalf of the applicant seeking
				the special valuation assessment on the property and be signed by one of the
				following persons:
004.02A The applicant as
				defined in REG-11-002.11,
004.02B
				Any person of legal age duly authorized to sign an application on behalf of an
				applicant described in this regulation,
004.02C The guardian or conservator of an
				applicant or the executor or administrator of the applicant's estate.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 11 - Agricultural or Horticultural Land Special Valuation Assessment Regulations › Section 350-11-005 - VALUATION

Current through June 17, 2024
005.01 The assessor shall annually use
				comparable sales from within the influenced area or other areas of similar
				influence to determine the actual value of the agricultural land and
				horticultural land in the area.
005.01A
				Actual valuation of agricultural land and horticultural land shall be based on
				a market analysis of arms length transactions that may include property that
				sold subject to certain probable and legal purposes and uses. For the purposes
				of these regulations, probable and legal uses shall mean those which are
				immediately feasible, and permitted by current zoning or other statutorily
				permitted uses. The actual value may additionally be influenced by other
				probable uses that are not yet feasible or legal under current zoning. These
				include, but are not limited to use of the land for residential (homesite)
				purposes, use of the land for commercial use purposes, use of the land for
				industrial use purposes, or use of the land for recreational use
				purposes.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 11 - Agricultural or Horticultural Land Special Valuation Assessment Regulations › Section 350-11-006 - DISQUALIFICATION CRITERIA

Current through June 17, 2024
006.01 Any land upon which the special
				valuation assessment has previously been granted shall cease to be eligible for
				the special valuation assessment upon the occurrence of any of the following
				events:
006.01A Written notification by the
				applicant or his or her successor in interest, or the applicant's agent,
				guardian, conservator, or executor of the applicant's estate to the assessor to
				remove the special valuation assessment; or
006.01B Sale or transfer of the land to an
				ownership if it results in a status of tax exemption. If the property is sold
				or transferred to an entity that may qualify for a property tax exemption
				pursuant to Neb. Rev. Stat. Section
				77-202(1)
				(c) or (d), then this subsection shall not apply until the exemption has been
				granted; or
006.01C Sale or
				transfer to the state or its political subdivisions unless the land continues
				to qualify as agricultural or horticultural land; or
006.01D Annexation of the land by a sanitary
				and improvement district, city, or village except for land in a conservation
				and preservation easement, inside the corporate limits of a city or village;
				or
006.01E The land no longer
				qualifies as agricultural or horticultural land; or
006.01F The land is donated to an
				organization exempt from taxation under section 501(c)(3) of the Internal
				Revenue Code, State of Nebraska or a political subdivision of the State of
				Nebraska and will be used by the organization, state or political subdivision
				for a public, educational, religious, charitable, or cemetery
				purpose.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 11 - Agricultural or Horticultural Land Special Valuation Assessment Regulations › Section 350-11-007 - DISQUALIFICATION PROCEDURE

Current through June 17, 2024
007.01 If land that has been receiving the
				special valuation assessment is disqualified, the assessor shall send written
				notice of the disqualification and the reason for disqualification to the owner
				and applicant if different from the owner within fifteen days after his or her
				determination.
007.01A The owner and if not
				the same, the applicant may protest the disqualification by the assessor to the
				county board of equalization within thirty days after the mailing date of the
				notice.
007.01A(1) The protest shall be
				written in triplicate, signed and filed with the county clerk.
007.01A(2) If the protest is not timely
				filed, it shall automatically be dismissed.
007.01A(3) The protest shall contain a
				statement of why the land should not be disqualified.
007.01A(4) Each protest filed can only
				pertain to one parcel and not a combination of parcels.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 11 - Agricultural or Horticultural Land Special Valuation Assessment Regulations › Section 350-11-008 - NOTICE OF VALUE

Current through June 17, 2024
008.01 For a parcel of land that has an
				approved application on file as of the certification of the assessment roll,
				the assessor shall send notice to the owner and the applicant if different from
				the owner thereof, pursuant to REG-10-002.02F and REG-10-002.02G, if either the
				special valuation assessment or the recapture valuation assessment is different
				from the previous year. The notice shall state the information as required
				pursuant to Neb. Rev. Stat. Section
				77-1315(2).
				The protest procedures for the special valuation assessment and the recapture
				valuation assessment shall be as set out in REG-10-002.04 through
				REG-10-002.04C1. After tax year 2008 the recapture valuation assessment will
				not be included on the notice of valuation.
008.02 For a parcel that has an approved
				application filed after the certification of the assessment roll and on or
				before June 30, the county board of equalization shall send the valuation
				change notice as required under REG-11-008.01, except that the notice shall
				state that the owner or the applicant if different from the owner, has thirty
				(30) days after the date the notice was mailed to protest the valuations to the
				county board of equalization.
008.02A The
				county board of equalization shall decide the protest within thirty (30) days
				after the date the protest was filed with the county clerk.
008.02A(1) Within seven (7) days after the
				county board of equalization's decision, the county clerk shall mail written
				notice of the board's decision to the owner and the applicant if different from
				the owner.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 11 - Agricultural or Horticultural Land Special Valuation Assessment Regulations › Section 350-11-009 - DISQUALIFICATION AND TAX CALCULATION

Current through June 17, 2024
009.01 Each year through 2008, the assessor
				shall maintain the assessment roll to show the recapture valuation assessment
				and special valuation assessment on all land receiving the special valuation
				assessment.
009.02 Upon
				disqualification by the assessor or after protest to the county board of
				equalization, the assessor shall determine the total additional taxes due. This
				determination of the additional taxes shall be calculated as the difference
				from the recapture valuation assessment, minus the special valuation
				assessment, times the levies accrued during the applicable past years for which
				the property received the special valuation assessment. The total of these tax
				liabilities shall constitute the additional taxes and first liens on the
				disqualified land.
009.02A The assessor shall
				on certain dates issue tax list corrections to the county treasurer for the
				applicable years showing the amounts of additional taxes due and payable, and
				the periods during which the taxes accrued.
009.02A(1) Any date that the applicant wishes
				to pay the additional taxes and accrued interest during the thirty day appeal
				period of the notice of disqualification.
009.02A(2) The date following the expiration
				of the thirty day appeal period of the notice of disqualification if no protest
				was filed.
009.02A(3) The date the
				county board of equalization decides the disqualification protest and the
				decision is in agreement with the assessor's determination.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 12 - State Sales File Regulations › Section 350-12-001 - PURPOSE

Current through June 17, 2024
001.01 The purpose of these regulations is to
				define terms and establish procedures for the state sales file. The state sales
				file is a database of sales of real property in the State of Nebraska developed
				by the Property Tax Administrator in compliance with professionally accepted
				mass appraisal methodology pursuant to Neb. Rev. Stat. §
									77-1327.
001.02 Pursuant to Neb. Rev. Stat.
				§
									77-1327(1),
				"it is the intent of the Legislature that accurate and comprehensive
				information be developed by the Property Tax Administrator and made accessible
				to the taxing officials and property owners in order to ensure the uniformity
				and proportionality of the assessments of real property valuations in the state
				in accordance with law." Subsection (2) of §
									77-1327
				provides that all transactions of real property for which a real estate
				transfer statement is required will be available for the development of a state
				sales file by the Property Tax Administrator. All transactions with a stated
				consideration of more than $100, or when more than $ 2.25 in documentary stamp
				taxes are paid, will be considered sales. All sales will be considered
				arm's-length transactions unless determined not to be, using
				professionally-accepted mass appraisal techniques.
001.03 Neb. Rev. Stat. §
									77-1327(3)
				requires the Property Tax Administrator to develop comprehensive ratio studies
				from the state sales file. The assessment/sales ratio studies are used by the
				Property Tax Administrator to assist the Tax Equalization and Review Commission
				in measuring the level of value and quality of assessment for statewide
				equalization purposes, and to assist in establishing local system or school
				district adjusted valuations under Neb. Rev. Stat. §
									79-1016.
				The assessment/sales ratio studies may also be used by county assessors and
				county boards of equalization for determining assessment actions in the county.
				To comply with statutory requirements, a state sales file database has been
				built, consisting of a complete record of all reported real property sales for
				a stated time frame. The Property Tax Administrator provides the county
				assessors with access to the state sales file for purposes of viewing sale
				rosters, assessment/sales ratio study reports, and finding comparable sales for
				hard-to-assess properties. Upon request, the Property Tax Administrator will
				make the state sales file database available to any party for use in the
				appraisal, assessment or equalization of property.
Neb. Rev. Stat. §§
										77-702,
				  77-1327,
				  77-1371,
				  77-1377,
				  77-5027,
				  and
				  79-1016.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 12 - State Sales File Regulations › Section 350-12-002 - DEFINITIONS

Current through June 17, 2024
002.01 Actual value means the market value of
				real property in the ordinary course of trade. It is the typical amount the
				property will sell for, either when on sale in the open market or in an
				arm's-length transaction between a willing seller and a willing buyer, both of
				whom are knowledgeable about the property and its current and possible uses.
				Actual value may be determined using professionally accepted mass appraisal
				methods, including, but not limited to the (1) sales comparison approach, (2)
				income approach, and (3) cost approach.
002.02 Assessment
Agricultural or horticultural sale means a sale of real
				  property with a property parcel type code of 5, as listed on the property
				  record card. See, Title 350 Neb. Admin. Code, Chapter 10.
002.03 Level of value
Arm's-length transaction means a sale between two or more
				  parties, each seeking to maximize their positions from the
				  transaction.
002.04
				Assessment/sales ratio
Assessment means listing the description of all real
				  property, determining whether it is exempt, determining its taxable value, and
				  placing it on the assessment roll pursuant to Neb. Rev. Stat. §
										77-126.
002.05 Assessment statistics
Assessment/sales ratio means the ratio calculated by dividing
				  the assessed value of the parcel of real property by the selling price of that
				  parcel. Studies utilizing the assessment/sales ratio are collectively called
				  assessment/sales ratio studies.
002.06 Benchmark sale
Class or subclass of real property means a collection of
				  properties that share one or more common characteristics that affect value, and
				  that are typically not found in other properties outside the class or subclass.
				  The characteristics that will determine a class or subclass include, but are
				  not limited to: improvement status; parcel type; zoning; location; city size;
				  parcel size; geographic characteristics; or market characteristics that are
				  appropriate for the valuation of a class or subclass of real property pursuant
				  to Neb. Rev. Stat. §
										77-103.01.
002.06A For agricultural or horticultural
				land, class or subclass includes, but is not limited to: irrigated cropland;
				dry cropland; grassland; wasteland; nurseries; feedlots; and
				orchards.
002.06B Geographic
				characteristics are the physical characteristics of the earth, land, region, or
				site that may have an effect on value.
002.06C Market characteristics are the social
				and economic factors in the market that affect the value of real
				property.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 12 - State Sales File Regulations › Section 350-12-003 - PROCEDURES

Current through June 17, 2024
003.01 Whenever there is conveyance of title
				or any interest in real property by a deed that must be recorded with the
				register of deeds, a Real Estate Transfer Statement, Form 521 must be filed.
				The register of deeds will process the Form 521 according to the instructions
				of the PTA as set forth in Title 350, Neb. Admin. Code, Chapter 52 and will
				immediately forward the Form 521 to the county assessor.
003.02 Once the county assessor receives the
				Form 521 from the register of deeds, the property record file will be updated
				to reflect new ownership, transfer information, and changes to any other
				information contained within the property record file.
003.03 The county assessor will forward the
				completed Form 521 to the Division within 45 days after the deed was
				recorded.
003.04 The county
				assessor will electronically transfer the sale and property characteristic
				information to the Division by means of electronic data files or direct entry
				of information into the state sales file. The transfer must occur within 45
				days following the date the deed was recorded with the register of deeds.
003.04A Any electronic transfer of data files
				containing sale and property characteristic information must follow the format
				prescribed by the Division.
003.04A(1) The
				formatting requirements include the order, structure, file type, and naming
				convention of every field and file name.
003.04A(2) Specific formatting requirements
				are available at the Division upon request.
003.04A(3) It is the responsibility of the
				county assessor to ensure that the specific data format is implemented by any
				Computer Assisted Mass Appraisal (CAMA) vendor that is used by the county.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 13 - Mineral Interests Regulations › Section 350-13-001 - DEFINITIONS

Current through June 17, 2024
001.01 Mineral
Mineral shall mean an inorganic substance found naturally in
				  the earth, including, but not limited to ore, gravel, oil, or natural
				  gas.
001.02 Mineral interest
Mineral interest shall mean the ownership of any minerals,
				  mines, quarries, mineral springs, overriding royalty interest, and production
				  payments with respect to oil and gas leases. The interest includes the executor
				  rights to sell or lease the property, to receive bonus payments and delay
				  rentals and to participate in the production through royalty payments.
001.02A A producing mineral interest shall be
				the interest created in a mine, quarry, mineral spring, or oil or gas wells at
				the time it has come into production and for which production payments are
				being made or received. Most mineral leases have a term specific until the
				property subject to lease is made to produce a specific mineral. These leases
				may be extended for as long as the lessee recovers the mineral subject to the
				lease in paying quantities.
001.02B
				A non-producing mineral interest is one in which there is no known activity
				related to the recovery of a mineral. A mineral lease commonly allows for a
				bonus rental and delay rentals to be paid to the lessor unless and until the
				lessee is able to extract in an economically feasible manner the specific
				mineral subject to the written agreement or lease.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 13 - Mineral Interests Regulations › Section 350-13-003 - TAXATION

Current through June 17, 2024
003.01 All property taxes levied against
				mineral interests shall be due and payable on December 31 following the levy
				date, and commencing on that date shall be a first lien on the mineral interest
				until paid.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 13 - Mineral Interests Regulations › Section 350-13-004 - COLLECTION OF TAXES

Current through June 17, 2024
004.01 For mineral interests belonging to
				multiple owners and operated as a unit, the owner of each fractional interest
				in such unit shall be liable for the same proportion of the tax levied against
				the real property of the unit that the fractional interest therein bears to the
				total of all interests in the unit. Each owner shall also be liable for the tax
				levied against his or her taxable value in the tangible personal property of
				the unit.
004.02 The unit operator
				shall collect from the owner or owners the taxes levied against the real or
				tangible personal property of the unit and remit the tax to the county
				treasurer of the county in which the unit or portion of the unit is
				located.
004.03 The unit operator
				may deduct and withhold, from royalty payments or any other payments made to
				any owner or owners either in kind or in money, the estimated amount of the tax
				to be paid. Any difference between the estimated tax withheld and the actual
				tax due by any owner or owners may be accounted for by adjustments in royalty
				or other payments made to the owner or owners after the actual tax is
				determined.
004.04 At the request
				of any unit operator who does not disburse payments to the owner or owners, the
				first purchaser shall collect the tax from the owners and transfer such
				proceeds to the operator who shall remit the taxes to the county treasurer. The
				first purchaser shall collect from the owner using the same procedure as
				outlined for the unit operator under REG-13-004.03.
004.05 Failure of the unit operator to
				collect and remit the tax shall not preclude the county treasurer from
				utilizing lawful collection and enforcement procedures against the interest of
				the owner or owners to collect the tax owed, pursuant to Chapter 77, Article 18
				and Article 19.
004.05A Any non-operating
				owner shall not be subject to penalty or interest under Neb. Rev. Stat. Section
				45-104.01,
				unless the owner fails to remit such tax within 20 days after notification by
				the county treasurer pursuant to Neb. Rev. Stat. Sections
				57-234
				and
				77-1726 that
				the operator defaulted in payment of the taxes and the taxes are
				delinquent.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 13 - Mineral Interests Regulations › Section 350-13-005 - APPEALS

Current through June 17, 2024
005.01 A protest of the determination of the
				assessor of whether the applicant has met the requirements for listing severed
				mineral interests separately from the surface estate for property tax purposes
				shall be made to the county board of equalization.
005.02 A protest of the assessor's
				determination of value shall be made to the county board of equalization as
				protests of the valuation of other real and personal property pursuant to Real
				Property Regulations, Chapter 10, and Personal Property Regulations, Chapter
				20.
005.03 All appeals of the
				determination of the county board of equalization shall be made pursuant to
				Neb. Rev. Stat. Section
				77-5013.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 14 - Agricultural Land and Horticultural Land Assessment Regulations › Section 350-14-001 - PURPOSE

Current through June 17, 2024
001.01 The purpose of the Agricultural Land
				and Horticultural Land Assessment Regulations is to establish guidelines for
				the assessment of agricultural land and horticultural land in the State of
				Nebraska.
Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 14 - Agricultural Land and Horticultural Land Assessment Regulations › Section 350-14-002 - DEFINITIONS

Current through June 17, 2024
002.01 Accretion Land is the increase of land
				by the gradual deposit of water borne solid materials. Accretion land areas may
				vary in size as the associated body of water either raises or lowers, or as a
				stream or river changes its channel. It is the opposite of erosion.
002.02 Acre - Foot is a volume of water
				equivalent to one acre in area with a depth of one foot. It is 43,560 cubic
				feet of water.
002.03 Actual Value
				shall mean the market value of real property in the ordinary course of trade.
				It is the most probable price expressed in terms of money that a property will
				bring if exposed for sale in the open market in an arm's-length transaction
				between a willing seller and a willing buyer, both of whom are knowledgeable
				concerning all the uses to which the real property is adapted and for which it
				is capable of being used. Actual value may be determined using professionally
				accepted mass appraisal methods, including, but not limited to the (1) sales
				comparison approach, (2) income approach, and (3) cost approach.
002.04 Aesthetic Value is the intangible
				psychic enhancement of the value of a property due to such factors as a parcel
				offering an unusually pleasing view.
002.05 Agricultural land and horticultural
				land is a parcel of land primarily used for agricultural or horticultural
				purposes. This includes wasteland lying in or adjacent to and in common
				ownership or management with other agricultural land and horticultural land.
				Agricultural land and horticultural land does not include any land directly
				associated with any building or enclosed structure.
002.06 Agricultural or horticultural purposes
				includes land retained or protected for future agricultural and horticultural
				purposes under a conservation easement as provided in the Conservation and
				Preservation Easements Act, except when the parcel or portion thereof is being
				used for purposes other than agricultural or horticultural purposes.
002.06A Agricultural or horticultural
				purposes also includes land enrolled in a federal or state program in which
				payments are received for removing such land from agricultural or horticultural
				production.
002.06B Land encumbered
				by an easement under the Wetlands Reserve Program cannot be used for
				agricultural or horticultural purposes and therefore cannot be characterized as
				agricultural or horticultural land and must be valued at its actual
				value.