Nebraska Statutes 77-1375. Improvementson leased lands; how assessed; apportionment
(1) If improvements on leased land are to be assessed separately to the owner of the improvements, the actual value of the real property shall be determined without regard to the fact that the owner of the improvements is not the owner of the land upon which such improvements have been placed.
Terms Used In Nebraska Statutes 77-1375
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- County assessor: includes an elected or appointed county assessor or a county clerk who is an ex officio county assessor. See Nebraska Statutes 77-115
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Improvements on leased land: shall mean any item of real property defined in subdivisions (2) through (5) of section 77-103 which is located on land owned by a person other than the owner of the item. See Nebraska Statutes 77-117
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Year: shall mean calendar year. See Nebraska Statutes 49-801
(2) If the owner of the improvements claims that the value of his or her interest in the real property is reduced by reason of uncertainty in the term of his or her tenancy or because of the prospective termination or expiration of the term, he or she shall serve notice of such claim in writing by mail on the owner of the land before January 1 and shall at the same time serve similar notice on the county assessor, together with his or her affidavit that he or she has served notice on the owner of the land.
(3) If the county assessor finds, on the basis of the evidence submitted, that the claim is valid, he or she shall proceed to apportion the total value of the real property between the owner of the improvements and the owner of the land as their respective interests appear.
(4) The county assessor shall give notice to the parties of his or her findings by mail on or before June 1.
(5) The proportions so established shall continue from year to year unless changed by the county assessor after notice on or before June 1 or a claim is filed by either the owner of the improvements or the owner of the land in accordance with the procedure provided in this section.
Source
- Laws 1959, c. 365, § 4, p. 1286;
- Laws 1979, LB 187, § 199;
- Laws 1987, LB 508, § 31;
- R.S.1943, (1990), § 77-1209.02;
- Laws 1992, LB 1063, § 112;
- Laws 1992, Second Spec. Sess., LB 1, § 85;
- Laws 1997, LB 270, § 83;
- Laws 2012, LB727, § 32.