Uniform Property Act
Conservation and Preservation Easements Act
Abstracters Act
Carbon Monoxide Safety Act
Condominium Property Act
Nebraska Condominium Act
Nebraska Trust Deeds Act
Relocation Assistance Act
Uniform Residential Landlord and Tenant Act
Mobile Home Landlord and Tenant Act
Self-Service Storage Facilities Act
Nebraska Time-Share Act
Farm Homestead Protection Act
Uniform Statutory Rule Against Perpetuities Act
Membership Campground Act
Real Property Appraiser Act
One-Call Notification System Act
Nebraska Plane Coordinate System Act
Uniform Environmental Covenants Act
Nebraska Foreclosure Protection Act
Nebraska Security Instrument Satisfaction Act
Private Transfer Fee Obligation Act
Nebraska Appraisal Management Company Registration Act
Oil Pipeline Reclamation Act
Nebraska Uniform Real Property Transfer on Death Act
Radon Resistant New Construction Act
§ 76-201 Real estate, defined
§ 76-202 Purchaser, defined
§ 76-203 Deed, defined
§ 76-204 Deed; instrument not included
§ 76-205 Instruments; construction; intent of parties; duty of courts
§ 76-206 Covenant for title; effective words
§ 76-207 Covenants; breach; constructive eviction; acts constituting
§ 76-208 Covenants for title; who may enforce
§ 76-209 Deed; after-acquired interest; effect
§ 76-210 Estates in future; recognized
§ 76-211 Deeds; execution; record
§ 76-212 Private seals; use abolished
§ 76-213 Deeds and other instruments; executed without seal; validated
§ 76-214 Deed, memorandum of contract, or land contract; recorded; death certificate filed; statement required; access
§ 76-215 Statement; failure to furnish; penalty
§ 76-216 Deeds; acknowledgment required
§ 76-217 Acknowledgment; before whom taken in this state
§ 76-217.01 Acknowledgment; defective seal; validity
§ 76-218 Acknowledgment and recording of instruments; violations; penalty
§ 76-219 Acknowledgment; before whom taken in any other state or territory
§ 76-226 Deeds; execution in foreign country; laws governing; acknowledgment
§ 76-227 Acknowledgment before army officers; validity
§ 76-228 Proof in lieu of acknowledgment; when authorized
§ 76-229 Proof in lieu of acknowledgment; power of officer to subpoena witnesses
§ 76-230 Proof in lieu of acknowledgment; witness; disobedience to subpoena; penalty
§ 76-231 Proof in lieu of acknowledgment; by handwriting; when authorized
§ 76-232 Proof in lieu of acknowledgment; filing
§ 76-233 Proof in lieu of acknowledgment; certificate of officer
§ 76-234 Acknowledgment; duty of officer
§ 76-235 Deed; receipt in evidence; recording; proof
§ 76-236 Acknowledgment or certificate of genuineness; duty to record; failure; effect
§ 76-237 Deeds; how recorded; when considered recorded
§ 76-238 Deeds and other instruments; recording; when effective as notice; possession of real estate; not effective as notice; when
§ 76-238.01 Mortgages;interest in real estate included; debts that may be secured; future advances; optimal future advance; notice; filing;limitation
§ 76-239 Deed of trust, mortgage, or real estate sale contract; record; effect as notice; when expires; extension; exceptions
§ 76-239.01 Construction finance; proceeds to apply payment of lawful claims for labor and material furnished; duty of contractor
§ 76-239.02 Contractor receiving loan disbursement; agent of borrower; exception
§ 76-239.03 Sections shall not affect validity of mortgage rights of lender
§ 76-239.04 Acceptance of proceeds without paying lawful claims or obtaining lien waiver; prima facie evidence of intent to deprive or defraud
§ 76-239.05 Violations; penalty
§ 76-239.06 Contractor, defined
§ 76-241 Deeds and other instruments; when not lawfully recorded
§ 76-242 Acknowledgment in another state; recording; what constitutes sufficient authentication
§ 76-243 Deed; record; absence of seal of person taking acknowledgment; when not objectionable
§ 76-244 Lost deed or instrument; how proved
§ 76-245 Deeds and other instruments; where recorded
§ 76-246 Conveyances; powerof attorney; how revoked
§ 76-247 Conveyances; power of attorney; copies, penalty
§ 76-248 Wills; recording; how, when, and where authorized
§ 76-248.01 Certificate of dissolution of marriage
§ 76-249 Judgment in partition; decree in equity; recording; effect
§ 76-250 Wills; judgment in partition; decree in equity; certificate of dissolution of marriage; recording; how indexed
§ 76-251 Deed intended as mortgage; recording; effect
§ 76-252 Release of mortgage; mortgagee’s obligation and liability
§ 76-253 Mortgage; record; certificate of discharge or satisfaction
§ 76-254 Mortgage; record; certificate of discharge or satisfaction; how indexed
§ 76-256 Mortgage; assignment; recording not notice to mortgagor
§ 76-257 Deeds and other instruments; recording; duty of register of deeds to reference on instrument
§ 76-258 Deeds and other instruments; formal defects; recorded for more than ten years; validated
§ 76-259 Deeds and other instruments; formal defects; what constitutes
§ 76-260 Deeds and other instruments; recorded for more than ten years; effective as notice despite formal defects
§ 76-264 Deeds executed in another state; omission of private seal, validated
§ 76-266 Trust deeds executed prior to 1917; failure to name beneficiary and record; presumption of authority of trustee to convey
§ 76-267 Trust deeds executed prior to 1917; failure to record; presumption of authority of trustee to convey; filing of notice by beneficiary; effect
§ 76-268 Trust deeds executed after 1917; failure to name beneficiary and record; presumption of authority of trustee to convey; filing of notice by beneficiary
§ 76-269 Instrument recorded more than fifteen years without contest; validity
§ 76-269.01 Deed of conveyance executed by a personal representative; validity
§ 76-270 Grantee represented as corporation; conveyance more than ten years from recording; validity
§ 76-271 Affidavits to correct defects; recording; effect
§ 76-272 Affidavits to correct defects; validity
§ 76-274 Merger of lien with fee; when presumed
§ 76-275 Merger of lien with fee; subsequent conveyance; presumption; action to enforce lien, when barred
§ 76-275.01 Conveyance by married persons to themselves prior to August 24, 1941, as joint tenants; validity
§ 76-275.02 Conveyance by married persons to themselves prior to August 24, 1941, as joint tenants; limitation of action
§ 76-275.03 Vacation of street or alley for more than ten years; effect of conveyance of adjoining platted lots
§ 76-275.04 Recitals; intent
§ 76-275.05 Recitals; validity; requirements
§ 76-275.06 Plat of city or village lots; validity
§ 76-275.07 Cotenancy; when presumed
§ 76-276 Mortgages; mortgagor retains legal title, when; security interest in rents; effect
§ 76-277 Conveyances; claimsand improvements upon public lands; law applicable
§ 76-278 United States patents and certificates; where recorded
§ 76-279 Public lands; improvements; conveyances; effect
§ 76-280 Public lands; improvements; contracts to sell authorized
§ 76-281 Patent issued to deceased person; effect
§ 76-282 Public lands; entry by purchaser at sale by county court; rights under patent issued to original claimant
§ 76-283 Town lots; equitable owners; failure to demand deed within three years; effect
§ 76-284 Town lots; section, how construed
§ 76-285 Public lands; occupation as townsite; entry, when authorized
§ 76-286 Public lands; entry as townsite; deeds; to whom made
§ 76-287 Public lands; occupation as townsite; deeds validated
§ 76-288 Marketable record title; unbroken chain of title of record twenty-two years or longer; exceptions
§ 76-289 Unbroken chain of title; title transaction, defined
§ 76-290 Marketable record title; claim; limitation
§ 76-291 Claim; notice; who may file
§ 76-292 Claim; requisites; recorded
§ 76-293 Notices; recording
§ 76-294 Possession; proof by affidavit; recording
§ 76-295 Statutes of limitations; not extended; applicability of sections
§ 76-296 Notices; slander of title; damages
§ 76-297 Sections; how construed
§ 76-298 Sections; applicability
§ 76-299 Reverter or rights of entry for breach of condition subsequent; not alienable or devisable
§ 76-2,100 Reverter or rights of entry; termination of trust; succession
§ 76-2,101 Reverter or rights of entry; dissolution of corporation; ceases and determines
§ 76-2,102 Reverter or rights of entry; limitation
§ 76-2,103 Reverter or rights of entry; commencement of action for breach; limitation
§ 76-2,104 Reverter or rights of entry; other rights; sections; applicability
§ 76-2,105 Reverter or rights of entry; sections; severability
§ 76-2,106 Terms, defined
§ 76-2,107 Dual contracts; substituting one instrument for another; fraudulent instrument; unlawful
§ 76-2,108 Violations; penalty
§ 76-2,109 Joint tenancy; no severance of real estate; exception
§ 76-2,110 Instruments to subdivide real estate; defective; validation; procedure
§ 76-2,119 Notation on deed; required
§ 76-2,120 Written disclosure statement required, when; contents; delivery; liability; noncompliance; effect; State Real Estate Commission; rules and regulations
§ 76-2,121 Real estate closing agents; terms, defined
§ 76-2,122 Real estate closing agents; requirements; exemptions; enforcement; violation; penalty
§ 76-2,123 Real estate closing agents; regulating entities; rules and regulations
§ 76-2,124 Water resources update notice; Department of Natural Resources; powers and duties
§ 76-2,125 Master form instrument; use
§ 76-2,126 Certain conveyances; filingof death certificate and attached cover sheet with register of deeds
§ 76-301 Occupant or claimant; eviction by holder of better title; reimbursement for improvements and taxes paid
§ 76-302 Occupant or claimant, defined; taxes paid, how proved
§ 76-303 Appraisers; oath; compensation
§ 76-304 Appraisers; powers and duties
§ 76-305 Appraisers; report; objections; reappraisal
§ 76-306 Decree of eviction; judgment for amount due claimant
§ 76-307 Decree of eviction; rights of better title holder
§ 76-308 Writ of possession; issuance; when
§ 76-309 Election by better title holder to accept value of unimproved land; neglect or refusal to pay; effect
§ 76-310 Failure of better title holder to make election; right of occupant
§ 76-311 Demand for reimbursement, when allowed; scope of sections
§ 76-401 Escheats; when title vests in state
§ 76-402 Aliens and foreign corporations; real estate; ownership prohibited
§ 76-403 Widow or heirs of aliens; right to land
§ 76-404 Oil and gas leases permitted
§ 76-405 Land acquired by devise or descent; sale within five years required
§ 76-406 Corporations; board of directors; election of aliens; restrictions
§ 76-407 Corporations; violations; penalties
§ 76-408 Forfeiture of land; duty of county attorney to enforce; procedure; costs
§ 76-409 Forfeiture of land; sale at request of heirs; title of purchaser
§ 76-410 Owners of land in 1889; sale during lifetime required
§ 76-411 Liens upon real estate; acquisition of such real estate; duty to sell within ten years
§ 76-412 Sections; not applicable to real estate of railroads, public utilities, and common carriers
§ 76-413 Sections; not applicable to manufacturing or industrial establishments or establishments for storage, sale, and distribution of petroleum products
§ 76-414 Sections; not applicable to real estate within cities and villages or within three miles of cities and villages; not applicable to manufacturing or industrial establishments
§ 76-415 Sections; not applicable to real estate acquired by aliens before 1889
§ 76-502 Abstracting; district or county judges ineligible
§ 76-504 Abstracting; counties over 5,000 population; county officers ineligible; exception
§ 76-505 Violations; penalty
§ 76-701 Terms, defined
§ 76-702 Condemner; enter upon land; inventory; furnish to condemnee
§ 76-703 Damages; ascertainment; procedure
§ 76-704 Petition of condemner
§ 76-704.01 Petition of condemner; contents
§ 76-705 Acquisition of property; damages; petition of condemnee
§ 76-706 Appointment of appraisers; qualifications; notice to condemnee
§ 76-707 Appraisers; disqualifications; vacancies; appointment
§ 76-708 Appraisers; oath
§ 76-709 Appraisers; duties
§ 76-710 Appraisers; assessment of damages; additional damages; copy of report to condemnee; failure to transmit; effect
§ 76-710.01 Damages; effect of reimbursement by federal government; severance damages; other considerations
§ 76-710.02 Land situated in irrigation district; damages payable to district
§ 76-710.03 Land devoted to agricultural purposes; acquisition to construct power transmission lines; route selected
§ 76-710.04 Economicdevelopment purpose; restriction on use of eminent domain
§ 76-711 Condemner; interest in property; deposit of awards; abandonment; appeal; interest; writ of assistance; removal of property; liability
§ 76-712 Condemnation award; certification; filing; state or federal-aid highways; failure to make deposit within sixty days; effect
§ 76-713 Condemnation award; recording; effect
§ 76-714 Condemnation; interest acquired; when effective
§ 76-715 Assessment of damages; appeal; procedure
§ 76-715.01 Assessment of damages; appeal notice; contents; filing
§ 76-716 Appeal; bond; conditions
§ 76-717 Appeal; transcript; fees; filing; delay in acquisition of property; deposit of award, effect
§ 76-718 Judgment on appeal; certified copy sent to county judge
§ 76-719 Appeal from district court; procedure; money on deposit; disposition
§ 76-719.01 Deposit of award; payment of amount to condemnee; remainder; how treated; waiver of appeal, effect; judgment against condemnee for overpayment; interest
§ 76-720 Appeal; fees and costs; payment
§ 76-720.01 Appeal; allowance of fees and costs; applicable to pending cases
§ 76-721 Joinder of causes of action on appeal
§ 76-723 Appraisers; fees; appeal; costs; mileage
§ 76-724 Property of minor, mentally incompetent person, married person whose spouse is under guardianship or conservatorship; authority of guardian or conservator
§ 76-725 State; lands necessary for state use; right of eminent domain; procedure
§ 76-726 Costs, expenses, fees; awarded; when
§ 76-824 Existing condominium property regimes; amendments to Condominium Property Act; effect
§ 76-824.01 Applicability of sections
§ 76-901 Tax on grantor; rate
§ 76-902 Tax; exemptions
§ 76-903 Design; collectionof tax; refund; procedure; disbursement
§ 76-904 Deeds; filing without stamps; prohibited; removal of stamps from deed; prohibited
§ 76-905 Register of deeds; recording deed with insufficient tax paid; penalty
§ 76-906 Rules and regulations
§ 76-907 Sections; operative date
§ 76-908 Documentarystamp tax; refund; procedure
§ 76-1101 Corporations; real and personal property; Secretary of State; filed with; effect
§ 76-1102 Corporations; personal property; Secretary of State; financing statement; filed with; effect
§ 76-1103 Secretary of State; duties; fee
§ 76-1104 Prior mortgages of corporation; validity
§ 76-1301 Declaration of purpose
§ 76-1302 Terms, defined
§ 76-1303 State Real Estate Commission; administer sections; advisory group
§ 76-1304 Application of sections; exceptions
§ 76-1305 Offering or disposition; requirements; right to cancel; escrow
§ 76-1306 Registration; record; contents; fee
§ 76-1307 Public-offering statement; contents
§ 76-1308 Statement of record; examination by agency
§ 76-1309 Effective date of registration; statement of record; suspension; when; hearing; when
§ 76-1310 Annual report; contents
§ 76-1311 Rules and regulations; investigations
§ 76-1312 Agency; powers
§ 76-1313 Developer or association; representatives on governing body; separate advisory committee; selection; powers
§ 76-1314 Agency order; appeal
§ 76-1315 Prohibited acts; violations; penalty; injunction; cease and desist order
§ 76-1507 Definitions, sections found
§ 76-1508 Agricultural land, defined
§ 76-1509 Farming, defined
§ 76-1510 Fiduciary capacity, defined
§ 76-1511 Trust, defined
§ 76-1512 Family trust, defined
§ 76-1513 Authorized trust, defined
§ 76-1514 Testamentary trust, defined
§ 76-1515 Agricultural land; restrictions on ownership; exceptions
§ 76-1516 Violations; penalty; injunction;Attorney General, county attorney, duties
§ 76-1520 Interest in real estate used for farming or ranching; reports required
§ 76-1521 Reports; form; contents; Secretaryof State; duties
§ 76-1522 Failure to report; false report; effect; Secretary of State; duties; reinstatement; fee
§ 76-1523 Corporate trustee;fine; when
§ 76-1524 Secretary of State; Attorney General; powers
§ 76-2401 Legislative findings
§ 76-2402 Definitions, where found
§ 76-2403 Adverse material fact, defined
§ 76-2404 Affiliated licensee, defined
§ 76-2404.01 Asset management company, defined
§ 76-2405 Brokerage relationship, defined
§ 76-2406 Confidential information, defined
§ 76-2407 Client, defined
§ 76-2408 Commission, defined
§ 76-2409 Customer, defined
§ 76-2410 Designated broker, defined
§ 76-2411 Dual agent, defined
§ 76-2412 Licensee, defined
§ 76-2413 Limited agent, defined
§ 76-2414 Single agent, defined
§ 76-2415 Subagent, defined
§ 76-2416 Licensee; act as agent, when; agencyrelationships authorized; compensation, when
§ 76-2417 Seller’s agent or landlord’s agent;powers and duties; confidentiality; immunity; disclosures required
§ 76-2418 Buyer’s agent or tenant’s agent;powers and duties; confidentiality; immunity; disclosures required
§ 76-2419 Dual agent; powers and duties; confidentiality; immunity; imputation of knowledge or information
§ 76-2420 Designated broker; written policy; relationships
§ 76-2421 Licensee offering brokerage services;duties
§ 76-2422 Written agreements for brokerageservices; when required
§ 76-2422.01 Licensee; asset management companyclient; exempt from certain requirements
§ 76-2423 Representation; commencement andtermination; when
§ 76-2424 Compensation; payment
§ 76-2425 Violation; unfair trade practice;commission; powers
§ 76-2426 Misrepresentation; liability
§ 76-2427 Designated broker; appointment oflimited agent; effect
§ 76-2428 Affiliated licensees; powers and duties; immunity
§ 76-2429 Sections; supersede common law; extent;construction
§ 76-2430 Commission; rules and regulations
§ 76-2901 Manufactured home or mobile home; deemed real property
§ 76-3001 Terms, defined
§ 76-3002 Wind agreement; limit on term; termination, when
§ 76-3003 Wind agreement; compliance with other law
§ 76-3004 Interest in wind or solar resource; restrictionon severance from surface estate

Terms Used In Nebraska Statutes > Chapter 76

  • Administrator: means any certified employee such as superintendent, assistant superintendent, principal, assistant principal, school nurse, or other supervisory or administrative personnel who do not have as a primary duty the instruction of pupils in the public schools. See Nebraska Statutes 79-101
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • 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.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agency: shall mean (1) any department, agency, or instrumentality of (a) the State of Nebraska, (b) any political subdivision of the State of Nebraska, (c) any combination of states which includes the State of Nebraska, (d) any combination of political subdivisions, either of the State of Nebraska alone or of the State of Nebraska and any other state or states acting in combination, and (2) any person who has the authority to acquire property by eminent domain under state law. See Nebraska Statutes 76-1217
  • Agreement: means the agreement between the company and the state. See Nebraska Statutes 77-4905
  • Agreement: means the agreement between the company and the state. See Nebraska Statutes 77-5505
  • Agricultural lime slurry: shall mean pulverized limestone suspended in water and which may contain up to two percent by weight of appropriate clay and surfactant to maintain the liming material in suspension. See Nebraska Statutes 2-4316
  • Agricultural liming material: shall mean material which is distributed for agricultural purposes whose calcium and magnesium compounds are capable of neutralizing soil acidity, including limestone, burnt lime, hydrated lime, marl, an industrial byproduct, and agricultural lime slurry. See Nebraska Statutes 2-4303
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: shall mean a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date supported by the presentation and analysis of relevant market information. See Nebraska Statutes 76-1218
  • Appraisal: A determination of property value.
  • Appraisal: means (1) as a noun, an opinion of value or the act or process of developing an opinion of value or (2) as an adjective, pertaining to appraising and related functions such as appraisal practice or real property appraisal activity. See Nebraska Statutes 76-2204
  • Appraisal Foundation: means The Appraisal Foundation that was incorporated as an Illinois not-for-profit corporation on November 30, 1987. See Nebraska Statutes 76-2205
  • Appraisal practice: means valuation assignments or evaluation assignments performed by a person acting as a real property appraiser, including, but not limited to, appraisal and appraisal review assignments. See Nebraska Statutes 76-2205.01
  • Appraisal review: means (1) as a noun, the act or process of developing an opinion about the quality of a real property appraiser's work that was performed as part of a valuation assignment, evaluation assignment, or appraisal review assignment or (2) as an adjective, of or pertaining to an opinion about the quality of another appraiser's work that was performed as part of a valuation assignment, evaluation assignment, or appraisal review assignment. See Nebraska Statutes 76-2205.02
  • Appraiser Qualifications Board: means the Appraiser Qualifications Board of the Appraisal Foundation. See Nebraska Statutes 76-2205.03
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assessment: means the act of listing the description of all real property and taxable tangible personal property, determining its taxability, determining its taxable value, and placing it on the assessment roll. See Nebraska Statutes 77-126
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Assignment: means a valuation service that is performed by an appraiser as a consequence of an agreement with a client. See Nebraska Statutes 76-2207.01
  • Assignment results: means the opinions or conclusions developed by a real property appraiser when performing valuation services specific to an assignment not limited to value for an appraisal assignment, and not limited to an opinion about the quality of another appraiser's work for an appraisal review assignment. See Nebraska Statutes 76-2207.17
  • Associate: means a partner, a subsidiary, an affiliate, an agent, or any other person working in association with a foreclosure consultant or an equity purchaser. See Nebraska Statutes 76-2704
  • Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Bar test survey: means a leakage survey completed with a nonconductive piece of equipment made by manually driving small holes in the ground at regular intervals along the route of an underground gas pipe for the purpose of extracting a sample of the ground atmosphere and testing the atmosphere in the holes with a combustible gas detector or other suitable device. See Nebraska Statutes 76-2303.01
  • Base year: means the year immediately preceding the year during which the application was submitted. See Nebraska Statutes 77-4906
  • Base year: means the year immediately preceding the year in which the start date occurs. See Nebraska Statutes 77-5506
  • Base-year employee: means any individual who was employed in Nebraska and subject to the Nebraska income tax on compensation received from the company or its predecessors during the base year and who is employed at the project. See Nebraska Statutes 77-5507
  • Base-year employee: means any individual who was employed in Nebraska and subject to the Nebraska income tax on compensation received from the taxpayer or its predecessors during the base year and who is employed at the project. See Nebraska Statutes 77-5706
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Board: means the Governor, the State Treasurer, and the chairperson of the Nebraska Investment Council. See Nebraska Statutes 77-4908
  • Board: means the Invest Nebraska Board, which shall consist of the Governor, the State Treasurer, and the chairperson of the Nebraska Investment Council. See Nebraska Statutes 77-5508
  • Board: means the Real Property Appraiser Board. See Nebraska Statutes 76-2207.18
  • Brand: shall mean the term, designation, trademark, product name, or other specific designation under which individual agricultural liming material is offered for sale. See Nebraska Statutes 2-4309
  • Bulk: shall mean in a nonpackaged form. See Nebraska Statutes 2-4312
  • Business: shall mean any lawful activity, except a farm operation, conducted primarily (1) for the purchase, sale, lease, or rental of personal or real property or for the manufacture, processing, or marketing of products, commodities, or any other personal property, (2) for the sale of services to the public, (3) by a nonprofit organization, or (4) solely for the purposes of sections 76-1228 to 76-1230 , for the erection and maintenance of outdoor advertising displays, whether or not such displays are located on the premises on which any of the other activities defined as business are conducted. See Nebraska Statutes 76-1219
  • Business: shall mean a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, two or more persons having a joint or common interest, or any other legal or commercial entity which is a landlord, owner, manager, or deemed to be an agent pursuant to section 76-1480 . See Nebraska Statutes 76-1458
  • Business day: shall mean any day other than a Saturday, Sunday, or state or nationally observed legal holiday. See Nebraska Statutes 76-2304
  • Calcium carbonate equivalent: shall mean the acid-neutralizing capacity of an agricultural liming material expressed as a weight percentage of calcium carbonate. See Nebraska Statutes 2-4314
  • Center: means a call center which shall have as its principal purpose the statewide receipt and dissemination to participating operators of information on a fair and uniform basis concerning intended excavations by excavators in areas where operators have underground facilities. See Nebraska Statutes 76-2305
  • Certified general real property appraiser: means a person who holds a valid credential as a certified general real property appraiser issued under the Real Property Appraiser Act. See Nebraska Statutes 76-2207.19
  • Certified real property appraiser: means a person who holds a valid credential as a certified general real property appraiser or a valid credential as a certified residential real property appraiser issued under the Real Property Appraiser Act. See Nebraska Statutes 76-2207.20
  • Certified residential real property appraiser: means a person who holds a valid credential as a certified residential real property appraiser issued under the Real Property Appraiser Act. See Nebraska Statutes 76-2207.21
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Clerical error: means transposition of numbers, mathematical error, computer malfunction causing programming and printing errors, data entry error, items of real property other than land identified on the wrong parcel, incorrect ownership, or certification of an incorrect valuation to political subdivisions. See Nebraska Statutes 77-128
  • Client: means the person or persons who engage, by employment or contract, a real property appraiser in a specific assignment. See Nebraska Statutes 76-2207.22
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Company: means any person subject to the sales and use taxes and either the income tax imposed by the Nebraska Revenue Act of 1967 or the franchise tax under sections 77-3801 to 77-3807 , any corporation, partnership, limited liability company, or joint venture that is or would otherwise be a member of the same unitary group, if incorporated, which is, or whose partners, members, or owners are, subject to such taxes, and any other partnership, limited liability company, subchapter S corporation, or joint venture when the partners, owners, shareholders, or members are subject to such taxes. See Nebraska Statutes 77-4909
  • Company: shall include any corporation, partnership, limited liability company, joint-stock company, joint venture, or association. See Nebraska Statutes 49-801
  • Company: means (1) any person subject to sales and use taxes and either the income tax imposed by the Nebraska Revenue Act of 1967 or the franchise tax under sections 77-3801 to 77-3807 , (2) any corporation, partnership, limited liability company, or joint venture that is or would otherwise be a member of the same unitary group, if incorporated, which is, or whose partners, members, or owners are, subject to such taxes, and any other partnership, limited liability company, subchapter S corporation, or joint venture when the partners, owners, shareholders, or members are subject to such taxes, (3) any cooperative exempt from such taxes under section 521 of the Internal Revenue Code of 1986, as amended, and (4) any limited cooperative association. See Nebraska Statutes 77-5509
  • Company shall: include any corporation, partnership, limited liability company, joint-stock company, joint venture, or association. See Nebraska Statutes 49-801
  • Comparable replacement dwelling: shall mean any dwelling that is (1) decent, safe, and sanitary, (2) adequate in size to accommodate the occupants, (3) within the financial means of the displaced person, (4) functionally equivalent to the dwelling that the displaced person is required to leave, (5) in an area not subject to unreasonable adverse environmental conditions, and (6) in a location not less desirable than the location of the displaced person's dwelling with respect to public utilities, facilities, services, and the displaced person's place of employment. See Nebraska Statutes 76-1220
  • Compensation: means the wages and other payments subject to withholding for federal income tax purposes. See Nebraska Statutes 77-4912
  • Compensation: means the wages and other payments subject to withholding for federal income tax purposes. See Nebraska Statutes 77-5512
  • Compensation: means the wages and other payments subject to the federal medicare tax. See Nebraska Statutes 77-5707
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Completed application: means an application for credentialing has been processed, all statutory requirements for a credential to be awarded have been met by the applicant, and all required documentation is submitted to the board for final consideration. See Nebraska Statutes 76-2207.23
  • Complex residential real property: means residential property in which the property to be appraised, the form of ownership, or the market conditions are complicated or atypical. See Nebraska Statutes 76-2207.24
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • 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
  • County average weekly wage for any year: means the most recent average weekly wage paid by all employers in the county as reported by the Department of Labor by October 1 of the year prior to application. See Nebraska Statutes 77-5707.01
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • Credential: means a registration, license, or certificate. See Nebraska Statutes 76-2207.25
  • Credential holder: means (1) any person who holds a valid credential as a trainee real property appraiser, licensed real property appraiser, certified residential real property appraiser, or certified general real property appraiser and (2) any person who holds a temporary permit to engage in real property appraisal activity within this state. See Nebraska Statutes 76-2207.26
  • Damage: shall mean any impact with, partial or complete severance, destruction, impairment, or penetration of, or removal or weakening of support from an underground facility, including its protective coating, housing, or other protective device. See Nebraska Statutes 76-2306
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Data center: means computers, supporting equipment, and other organized assembly of hardware or software that are designed to centralize the storage, management, or dissemination of data and information, environmentally controlled structures or facilities or interrelated structures or facilities that provide the infrastructure for housing the equipment, such as raised flooring, electricity supply, communication and data lines, Internet access, cooling, security, and fire suppression, and any building housing the foregoing. See Nebraska Statutes 77-5707.02
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: shall mean the Department of Agriculture. See Nebraska Statutes 2-4317
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Devise: To gift property by will.
  • Director: shall mean the Director of Agriculture. See Nebraska Statutes 2-4318
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Displacing agency: shall mean (1) any agency carrying out a publicly financed project which causes an individual to become a displaced person and (2) any person lacking the power of eminent domain who carries out a publicly financed project when that project causes an individual to be a displaced person. See Nebraska Statutes 76-1222
  • Docket: A log containing brief entries of court proceedings.
  • Domestic: when applied to corporations shall mean all those created by authority of this state. See Nebraska Statutes 49-801
  • Donor: The person who makes a gift.
  • Dwelling unit: shall mean a mobile home or the part of a mobile home that is used as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household but shall not include any real property used to accommodate a mobile home. See Nebraska Statutes 76-1459
  • Educational institution training program: means any training program established by or conducted by any public or private educational institution that provides training or education for recruits, potential employees, or actual employees of the company, or any combination thereof, with regard to employment or potential employment at the project. See Nebraska Statutes 77-5513
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Emergency condition: shall mean any condition which constitutes a clear and present danger to life, health, or property or which demands immediate action to prevent or repair a major service outage. See Nebraska Statutes 76-2307
  • Employee: means a person employed at the project. See Nebraska Statutes 77-4914
  • Employee: means a person employed at the project. See Nebraska Statutes 77-5514
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Environmental covenant: means a servitude that imposes activity and use limitations on real property and meets the requirements of section 76-2604 . See Nebraska Statutes 76-3104
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Equity purchase contract: means an agreement between an equity purchaser and a homeowner pertaining to the acquisition of title to the homeowner's personal residence. See Nebraska Statutes 76-2705
  • Equity purchaser: means a person who, in the course of the person's business, vocation, or occupation, acquires title to a residence in foreclosure. See Nebraska Statutes 76-2706
  • Equivalent employees: means the number of employees computed by dividing the total hours paid in a year by the product of forty times the number of weeks in a year. See Nebraska Statutes 77-4917
  • Equivalent employees: means the number of employees computed by dividing the total hours paid in a year by the product of forty times the number of weeks in a year. See Nebraska Statutes 77-5517
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evaluation assignment: means an assignment that relates to the nature, quality, or utility of identified real estate or identified real property and typically does not include an opinion of value. See Nebraska Statutes 76-2207.28
  • Evidence of debt: means a writing that evidences a promise to pay or a right to the payment of a monetary obligation such as a promissory note. See Nebraska Statutes 76-2707
  • Ex officio: Literally, by virtue of one's office.
  • Excavation: shall mean any activity in which earth, rock, or other material in or on the ground is moved or otherwise displaced by means of tools, equipment, or explosives and shall include grading, trenching, digging, ditching, drilling, augering, tunneling, scraping, and cable or pipe plowing or driving but shall not include (1) normal maintenance of roads if the maintenance does not change the original road grade and does not involve the road ditch, (2) tilling of soil and gardening for seeding and other agricultural purposes, (3) digging of graves or in landfills in planned locations, (4) maintenance or rebuilding of railroad track or facilities located on a railroad right-of-way by the railroad company or its contractors when such maintenance or rebuilding does not change the track grade, or (5) hand digging around the base of a pole for pole inspection as part of routine maintenance or replacement of a pole when the replacement pole is similarly sized and is installed in the existing hole. See Nebraska Statutes 76-2308
  • Excavator: shall mean a person who engages in excavation in this state. See Nebraska Statutes 76-2309
  • Executor: A male person named in a will to carry out the decedent
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Farm operation: shall mean any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. See Nebraska Statutes 76-1223
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • Fineness: shall mean the percentage by weight of the material which will pass standard sieves of specified sizes to be determined by the director pursuant to section 2-4319 . See Nebraska Statutes 2-4310
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Forbearance: A means of handling a delinquent loan. A
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Foreclosure consultant: means a person who:

    (a) Does not, directly or through an associate, take or acquire any interest in or title to the residence in foreclosure. See Nebraska Statutes 76-2708

  • Foreclosure consulting contract: means any agreement between a foreclosure consultant and a homeowner. See Nebraska Statutes 76-2709
  • Foreign: when applied to corporations shall include all those created by authority other than that of this state. See Nebraska Statutes 49-801
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Gas or hazardous liquid underground pipeline facility: shall mean any underground facility used or intended for use in the transportation of gas or the treatment of gas or used or intended for use in the transportation of hazardous liquids including petroleum or petroleum products. See Nebraska Statutes 76-2310
  • Genetic information: means information about a gene, gene product, or inherited characteristic derived from a genetic test. See Nebraska Statutes 77-5518
  • Genetic test: means the analysis of human DNA, RNA, and chromosomes and those proteins and metabolites used to detect heritable or somatic disease-related genotypes or karyotypes for clinical purposes. See Nebraska Statutes 77-5519
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Good faith: shall mean honesty in fact in the conduct of the transaction concerned. See Nebraska Statutes 76-1460
  • Grantee: shall include every person to whom any estate or interest passes in or by any conveyance. See Nebraska Statutes 49-801
  • Grantor: shall include every person from or by whom any estate or interest passes in or by any conveyance. See Nebraska Statutes 49-801
  • Grantor shall: include every person from or by whom any estate or interest passes in or by any conveyance. See Nebraska Statutes 49-801
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Holder of evidence of debt: means the person in actual possession of or otherwise entitled to enforce an evidence of debt, except that holder of evidence of debt does not include a person acting as a nominee solely for the purpose of holding the evidence of debt or deed of trust as an electronic registry without any authority to enforce the evidence of debt or deed of trust. See Nebraska Statutes 76-2710
  • Homeowner: means the owner of a residence in foreclosure, including a vendee under a contract for deed to real property as defined in section 45-1002 . See Nebraska Statutes 76-2711
  • Housing code: shall include any law, ordinance, or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use, or appearance of any mobile home park, mobile home space, or dwelling unit. See Nebraska Statutes 76-1461
  • Housing code shall: include any law, ordinance, or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use, or appearance of any mobile home park, mobile home space, or dwelling unit. See Nebraska Statutes 76-1461
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Instructor: means a person approved by the board that meets or exceeds the instructor requirements specified in the Real Property Appraiser Act and rules and regulations of the board and is responsible for ensuring that the education activity content is communicated to the activity's audience as presented to the board for approval and that the education activity contributes to the quality of real property valuation services provided to the public. See Nebraska Statutes 76-2207.31
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Intestate: Dying without leaving a will.
  • Investment: means the value of qualified property incorporated into or used at the project after the date of the application. See Nebraska Statutes 77-4918
  • Investment: means the value of qualified property incorporated into or used at the project after the date of the application. See Nebraska Statutes 77-5520
  • Investment: means the value of qualified property incorporated into or used at the project. See Nebraska Statutes 77-5710
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Jurisdiction: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Nebraska Statutes 76-2207.32
  • Jurisdiction of practice: means any jurisdiction in which an appraiser devotes his or her time engaged in real property appraisal activity. See Nebraska Statutes 76-2212.03
  • Label: shall mean any written or printed matter on or attached to the package or on the delivery ticket which accompanies bulk shipments. See Nebraska Statutes 2-4313
  • Landlord: shall mean the mobile home park owner and any agent authorized to act on the owner's behalf in matters relating to tenancy in the park and shall include the manager of a mobile home park who fails to disclose as required by sections 76-1479 to 76-1482 . See Nebraska Statutes 76-1462
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lead agency: shall mean the Nebraska Department of Transportation. See Nebraska Statutes 76-1224
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensed residential real property appraiser: means a person who holds a valid credential as a licensed residential real property appraiser issued under the Real Property Appraiser Act. See Nebraska Statutes 76-2213
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Locator: means a person who identifies and marks underground facilities for an operator, including a contractor who performs such location services for an operator. See Nebraska Statutes 76-2310.01
  • Magistrate: shall include judge of the county court and clerk magistrate. See Nebraska Statutes 49-801
  • Magistrate shall: include judge of the county court and clerk magistrate. See Nebraska Statutes 49-801
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
  • Mobile home: shall mean a movable or portable dwelling constructed to be towed on its own chassis, connected to utilities, and designed with or without a permanent foundation for year-round living. See Nebraska Statutes 76-1463
  • Mobile home park: shall mean a parcel or contiguous parcels of land which have been so designated and improved that the parcel or parcels contain two or more mobile home lots available to the general public for the placement thereon of mobile homes for occupancy. See Nebraska Statutes 76-1464
  • Mobile home space: shall mean a designated portion of a mobile home park designed for the accommodation of one mobile home and its accessory buildings or structures for the exclusive use of the occupants. See Nebraska Statutes 76-1465
  • Month: shall mean calendar month. See Nebraska Statutes 49-801
  • Mortgage: shall mean any of such classes of liens as are commonly given to secure advances on or the unpaid purchase price of real property under the laws of the state, together with the credit instruments, if any, secured thereby. See Nebraska Statutes 76-1225
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Motor vehicle: means any motor vehicle, trailer, or semitrailer as defined in the Motor Vehicle Registration Act and subject to registration for operation on the highways. See Nebraska Statutes 77-5711
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Nebraska average annual wage: means the most recent average annual wage paid by all employers in this state for the most recent calendar year as reported by the Department of Labor on or before the July 1 immediately prior to the beginning of the particular year the company applied for benefits for which such determination applies. See Nebraska Statutes 77-5521
  • Nebraska average weekly wage for any year: means the most recent average weekly wage paid by all employers in all counties in Nebraska as reported by the Department of Labor by October 1 of the year prior to application. See Nebraska Statutes 77-5712
  • Nebraska employee: means an individual who is either a resident or partial-year resident of Nebraska. See Nebraska Statutes 77-5713
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nonpermanent surface: shall mean any ground consisting of uncovered dirt or rock or ground that is covered by grass or other plant life, crushed rock, gravel, or other similar natural substance. See Nebraska Statutes 76-2311
  • Normal working hours: shall mean the hours of 7 a. See Nebraska Statutes 76-2312
  • Number of new employees: means the excess of the number of equivalent employees employed at the project during a year over the number of equivalent employees during the base year. See Nebraska Statutes 77-4919
  • Number of new employees: means the excess of the number of equivalent employees employed at the project during a year over the number of equivalent employees during the base year. See Nebraska Statutes 77-5522
  • Oath: shall include affirmation in all cases in which an affirmation may be substituted for an oath. See Nebraska Statutes 49-801
  • Oath shall: include affirmation in all cases in which an affirmation may be substituted for an oath. See Nebraska Statutes 49-801
  • Operator: shall mean a person who manages or controls the functions of an underground facility but shall not include a person who is an owner or tenant of real property where underground facilities are located if the underground facilities are used exclusively to furnish services or commodities on the real property. See Nebraska Statutes 76-2313
  • Operator shall mean a person who manages or controls the functions of an underground facility but shall not: include a person who is an owner or tenant of real property where underground facilities are located if the underground facilities are used exclusively to furnish services or commodities on the real property. See Nebraska Statutes 76-2313
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: shall mean one or more persons, jointly or severally, in whom are vested (a) all or a part of the legal title to property or (b) all or part of the beneficial ownership and a right to present use and enjoyment of a mobile home park, and shall include a mortgagee in possession. See Nebraska Statutes 76-1466
  • Parcel: means a contiguous tract of land determined by its boundaries, under the same ownership, and in the same tax district and section. See Nebraska Statutes 77-132
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • 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. See Nebraska Statutes 76-3105
  • Peace officer: shall include sheriffs, coroners, jailers, marshals, police officers, state highway patrol officers, members of the National Guard on active service by direction of the Governor during periods of emergency, and all other persons with similar authority to make arrests. See Nebraska Statutes 49-801
  • Peace officer shall: include sheriffs, coroners, jailers, marshals, police officers, state highway patrol officers, members of the National Guard on active service by direction of the Governor during periods of emergency, and all other persons with similar authority to make arrests. See Nebraska Statutes 49-801
  • Permanent surface: shall mean any ground that is covered by a hard, artificial, weatherproof material such as concrete, asphalt, or other similar artificial substance. See Nebraska Statutes 76-2314
  • Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
  • Person: shall mean any individual, partnership, limited liability company, corporation, or association. See Nebraska Statutes 76-1226
  • Person: means an individual or a firm, a partnership, a limited partnership, a limited liability company, an association, a corporation, or any other group engaged in joint business activities, however organized. See Nebraska Statutes 76-2213.02
  • Person: means an individual, partnership, limited liability company, association, municipality, state, county, political subdivision, utility, joint venture, or corporation and shall include the employer, employee, or contractor of an individual. See Nebraska Statutes 76-2315
  • Person shall: include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Private transfer fee: means a fee or charge payable upon the transfer of an interest in real property, or payable for the right to make or accept such transfer, regardless of whether the fee or charge is a fixed amount or is determined as a percentage of the value of the property, the purchase price, or other consideration given for the transfer. See Nebraska Statutes 76-3106
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: shall mean a summons, subpoena, or notice to appear issued out of a court in the course of judicial proceedings. See Nebraska Statutes 49-801
  • Project: means a project described in the Quality Jobs Act and approved by the board. See Nebraska Statutes 77-4920
  • Project: means a project described in the Invest Nebraska Act and approved by the board. See Nebraska Statutes 77-5523
  • Project year: means any year or portion of a year during the entitlement period of the project. See Nebraska Statutes 77-4921
  • Project year: means any year or portion of a year during the entitlement period of the project. See Nebraska Statutes 77-5524
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Publicly financed project: shall mean any project undertaken by an agency in which any part of the cost is to be paid (1) from funds derived from federal, state, or local taxes of any type, (2) by revenue or general obligation bonds issued by the agency, or (3) from funds derived by the agency from the sale of products or services in a proprietary capacity. See Nebraska Statutes 76-1227
  • Purchase: shall include taking by sale, discount, negotiation, or any other transaction for value creating an interest in property except liens. See Nebraska Statutes 77-122
  • Qualified business: means any business engaged in the activities listed in subdivisions (1) through (5) of this section or in the storage, warehousing, distribution, transportation, or sale of tangible personal property. See Nebraska Statutes 77-4922
  • Qualified business: means any business engaged in the activities listed in subdivisions (1) through (5) of this section or in the storage, warehousing, distribution, transportation, or sale of tangible personal property. See Nebraska Statutes 77-5525
  • Qualified employee leasing company: means a company which places all employees of a client-lessee on its payroll and leases such employees to the client-lessee on an ongoing basis for a fee and, by written agreement between the employee leasing company and a client-lessee, grants to the client-lessee input into the hiring and firing of the employees. See Nebraska Statutes 77-5526
  • Qualified employee leasing company: means a company which places all employees of a client-lessee on its payroll and leases such employees to the client-lessee on an ongoing basis for a fee and, by written agreement between the employee leasing company and a client-lessee, grants to the client-lessee input into the hiring and firing of the employees leased to the client-lessee. See Nebraska Statutes 77-5716
  • Qualified property: means any tangible property of the type subject to depreciation, amortization, or other recovery under the Internal Revenue Code of 1986, as amended, or the components of such property that will be located and used at the project. See Nebraska Statutes 77-4923
  • Qualified property: means any tangible property of the type subject to depreciation, amortization, or other recovery under the Internal Revenue Code of 1986, as amended, or the components of such property that will be located and used at the project. See Nebraska Statutes 77-5527
  • Qualified property: means any tangible property of a type subject to depreciation, amortization, or other recovery under the Internal Revenue Code of 1986, as amended, or the components of such property, that will be located and used at the project. See Nebraska Statutes 77-5717
  • Quorum: The number of legislators that must be present to do business.
  • Real estate: means a parcel or tract of land, including improvements, if any. See Nebraska Statutes 76-2214
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Real property: means one or more defined interests, benefits, or rights inherent in the ownership of real estate. See Nebraska Statutes 76-2214.01
  • Real property appraisal activity: means any act or process involved in developing an analysis, opinion, or conclusion relating to the specified interests in or aspects of identified real estate or identified real property. See Nebraska Statutes 76-2215
  • Real property appraiser: means a person who:

    (1) Engages in real property appraisal activity. See Nebraska Statutes 76-2216

  • Recess: A temporary interruption of the legislative business.
  • Related persons: means any corporations, partnerships, limited liability companies, or joint ventures which are or would otherwise be members of the same unitary group, if incorporated, or any persons who are considered to be related persons under section 267(b) and (c) of the Internal Revenue Code of 1986, as amended, or section 707(b) of the code. See Nebraska Statutes 77-4924
  • Related persons: means any corporations, partnerships, limited liability companies, or joint ventures which are or would otherwise be members of the same unitary group, if incorporated, or any persons who are considered to be related persons under section 267(b) and (c) of the Internal Revenue Code of 1986, as amended, or section 707(b) of the code. See Nebraska Statutes 77-5528
  • Related persons: means any corporations, partnerships, limited liability companies, or joint ventures which are or would otherwise be members of the same unitary group, if incorporated, or any persons who are considered to be related persons under either section 267(b) and (c) or section 707(b) of the Internal Revenue Code of 1986, as amended. See Nebraska Statutes 77-5718
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Rent: shall mean a payment to be made to a landlord pursuant to a rental agreement. See Nebraska Statutes 76-1467
  • Rental agreement: shall mean any agreement, written or implied by law, and any rules and regulations adopted pursuant to section 76-1494 which constitute the terms and conditions concerning the use and occupancy of a mobile home space. See Nebraska Statutes 76-1468
  • Rental deposit: shall mean a deposit of money to secure performance of a mobile home space rental agreement other than a deposit which is exclusively an advance payment of rent. See Nebraska Statutes 76-1469
  • Report: means any communication, written, oral, or by electronic means, of an appraisal or appraisal review that is transmitted to the client or a party authorized by the client upon completion of an assignment. See Nebraska Statutes 76-2216.02
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Residence in foreclosure: means a residence or dwelling that is occupied as the homeowner's principal place of residence and against which any type of foreclosure action, including, but not limited to, the filing of a notice of default of a deed of trust or the filing of a lawsuit to foreclose a mortgage or other lien, has been commenced. See Nebraska Statutes 76-2712
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • School: means a school under the jurisdiction of a school board authorized by Chapter 79. See Nebraska Statutes 79-101
  • School board: means the governing body of any school district. See Nebraska Statutes 79-101
  • School district: means the territory under the jurisdiction of a single school board authorized by Chapter 79. See Nebraska Statutes 79-101
  • School year: means (a) for elementary grades other than kindergarten, the time equivalent to at least one thousand thirty-two instructional hours and (b) for high school grades, the time equivalent to at least one thousand eighty instructional hours. See Nebraska Statutes 79-101
  • Scope of work: means the type and extent of research and analyses in a valuation assignment, evaluation assignment, or appraisal review assignment. See Nebraska Statutes 76-2216.03
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Signature: means personalized evidence indicating authentication of the work performed by the real property appraiser and the acceptance of the responsibility for content, analyses, conclusions, and compliance with the Uniform Standards of Professional Appraisal Practice in a report. See Nebraska Statutes 76-2217.03
  • Start date: means the first date after the date of the application on which a qualified investment, that is either all or a part of a building in the project, is placed in service by the owner. See Nebraska Statutes 77-5529
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Sublessee: shall mean any person who rents or leases a mobile home from a tenant, but shall not include a person who rents or leases a space in a mobile home park. See Nebraska Statutes 76-1470
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Sworn: shall include affirmed in all cases in which an affirmation may be substituted for an oath. See Nebraska Statutes 49-801
  • Taxable property: shall mean any real or tangible personal property subject to tax pursuant to law and not exempt from tax. See Nebraska Statutes 77-121
  • Taxpayer: means any person subject to sales and use taxes under the Nebraska Revenue Act of 1967 and subject to withholding under section 77-2753 and any entity that is or would otherwise be a member of the same unitary group, if incorporated, that is subject to such sales and use taxes and such withholding. See Nebraska Statutes 77-5719
  • Tenant: shall mean an owner of a mobile home who leases or rents space in a mobile home park, but shall not include a person who rents or leases a mobile home. See Nebraska Statutes 76-1471
  • Testate: To die leaving a will.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Ticket: means the compilation of data received by the center in the notice of excavation and the facility locations provided to the center and which is assigned a unique identifying number. See Nebraska Statutes 76-2316.01
  • Ton: shall mean a net weight of two thousand pounds avoirdupois. See Nebraska Statutes 2-4311
  • Trainee real property appraiser: means a person who holds a valid credential as a trainee real property appraiser issued under the Real Property Appraiser Act. See Nebraska Statutes 76-2217.04
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transfer: means sale, gift, conveyance, assignment, inheritance, or other transfer of an ownership interest in real property located in this state. See Nebraska Statutes 76-3108
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • Underground facility: shall mean any item of personal property buried or placed below ground for use in connection with the storage or conveyance of water, sewage, electronic communications, telephonic communications, telegraphic communications, cable television, electric energy, oil, gas, hazardous liquids, or other substances, including pipes, trunk lines, fiber optic cables, sewers, conduits, cables, valves, lines, wires, manholes, and attachments to such personal property. See Nebraska Statutes 76-2317
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Uniform Standards of Professional Appraisal Practice: means the standards adopted and promulgated by The Appraisal Foundation as the standards existed on January 1, 2018. See Nebraska Statutes 76-2218.02
  • United States shall: include territories, outlying possessions, and the District of Columbia. See Nebraska Statutes 49-801
  • Valuation services: means all services pertaining to aspects of property value, including services performed by real property appraisers. See Nebraska Statutes 76-2219.01
  • Venue: The geographical location in which a case is tried.
  • Violate: shall include failure to comply with. See Nebraska Statutes 49-801
  • Wage benefit credit: means the credit described in the Quality Jobs Act. See Nebraska Statutes 77-4925
  • Wages: means compensation. See Nebraska Statutes 77-5719.02
  • Weight: shall mean the weight of undried material as offered for sale. See Nebraska Statutes 2-4315
  • within the financial: means of the displaced person, (4) functionally equivalent to the dwelling that the displaced person is required to leave, (5) in an area not subject to unreasonable adverse environmental conditions, and (6) in a location not less desirable than the location of the displaced person's dwelling with respect to public utilities, facilities, services, and the displaced person's place of employment. See Nebraska Statutes 76-1220
  • Workfile: means documentation necessary to support a real property appraiser's analyses, opinion, and conclusions as it applies to an assignment. See Nebraska Statutes 76-2219.02
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Year: shall mean calendar year. See Nebraska Statutes 49-801
  • Year: means the taxable year of the company. See Nebraska Statutes 77-4926
  • Year: means the taxable year of the company. See Nebraska Statutes 77-5530
  • Year: means calendar year. See Nebraska Statutes 77-5720
  • Year of application: means the year that a completed application is filed under the Nebraska Advantage Act. See Nebraska Statutes 77-5721