52-1203. Lien; date of attachment; enforcement. A lien created under section 52-1201 shall attach on the date of filing and time thereof if shown. Such lien shall be treated in all respects as an agricultural lien as provided in article 9, Uniform Commercial Code, and may be enforced in the manner and form provided for […]
52-1204. Lien; priority. A lien created under section 52-1201 shall have its priority established by the date and time of filing and shall not be prior to a properly attached and perfected lien or security interest created under the Uniform Commercial Code unless such priority shall be agreed upon in writing by the prior attached […]
52-1205. Lien satisfied; financing statement; termination. When a lien created under section 52-1201 is satisfied, any financing statement filed to perfect that lien shall be terminated in the manner and form provided in article 9, Uniform Commercial Code. Source Laws 1988, LB 943, § 12; Laws 1999, LB 550, § 31; Laws 2001, LB 54, […]
52-123. Failure to apply payments received on lawful claims; unlawful; failure to discharge lien; prima facie evidence of intent to deprive or defraud. It shall be unlawful for any person, firm, or corporation who has taken a contract for the erection, improvement, repair, or removal of any house, mill, manufactory, or building of any kind […]
52-124. Failure to apply payments for lawful claims; failure to discharge lien; penalty. Any person, firm, or corporation, the members of any firm, or the officers of any corporation, violating the provisions of section 52-123 shall be guilty of a Class II misdemeanor. Source Laws 1969, c. 432, § 2, p. 1456; Laws 1977, LB […]
52-125. Act, how cited. Sections 52-125 to 52-159 shall be known and may be cited as the Nebraska Construction Lien Act. Source Laws 1981, LB 512, § 1. Annotations Trustees of a health, welfare, and pension fund may assert a construction lien on behalf of union employees against the property owner. Omaha Constr. Indus. Pension […]
52-126. Sections, purpose. Sections 52-125 to 52-159 creates, and provides for the attachment and enforceability of, a lien against real estate in favor of a person furnishing services or materials under a real estate improvement contract. Except as provided in sections 52-125 to 52-159, no nonconsensual lien arises against real estate by reason of improvements […]
52-127. Terms, defined. As used in sections 52-125 to 52-159, unless the context otherwise requires: (1) Claimant shall mean a person having a right to a lien under sections 52-125 to 52-159 upon real estate and includes his or her successor in interest; (2) Contract price shall mean the amount agreed upon by the contracting […]
52-128. Contracting owner; presumption of agency. For the purpose of determining whether an owner is a contracting owner, agency is presumed, in the absence of clear and convincing evidence to the contrary, between employer and employee, between spouses, between joint tenants, and among tenants in common. Source Laws 1981, LB 512, § 4.
52-129. Protected party, residential real estate, defined. (1) Protected party shall mean: (a) An individual who contracts to give a real estate security interest in, or to buy or to have improved, residential real estate all or a part of which he or she occupies or intends to occupy as a residence; (b) A person […]
52-130. Real estate improvement contract, defined. (1) Except as provided in subsection (2) of this section, real estate improvement contract shall mean an agreement to perform services, including labor, or to furnish materials for the purpose of producing a change in the physical condition of land or of a structure including: (a) Alteration of the […]
52-1301. Legislative intent. It is the intent of the Legislature to adopt a central filing system for security interests relating to farm products pursuant to section 1324 of the Food Security Act of 1985, Public Law 99-198. It is also the intent of the Legislature that upon the adoption of the central filing system that […]
52-1302. Definitions, where found. For purposes of sections 52-1301 to 52-1322, unless the context otherwise requires, the definitions found in sections 52-1302.01 to 52-1311 shall be used. Source Laws 1986, Third Spec. Sess., LB 1, § 2; Laws 1998, LB 924, § 19; Laws 2003, LB 4, § 1; Laws 2007, LB124, § 59.
52-1302.01. Approved unique identifier, defined. Approved unique identifier means a number, combination of numbers and letters, or other identifier selected by the Secretary of State using a selection system or method approved by the Secretary of the United States Department of Agriculture. Source Laws 2007, LB124, § 60.
52-1303. Buyer in the ordinary course of business, defined. Buyer in the ordinary course of business shall mean a person who, in the ordinary course of business, buys farm products from a person engaged in farming operations who is in the business of selling farm products. Source Laws 1986, Third Spec. Sess., LB 1, § […]
52-1304. Central filing system, defined. Central filing system shall mean the system for filing effective financing statements or notice of such financing statements established pursuant to section 52-1312 pursuant to section 1324 of the Food Security Act of 1985, Public Law 99-198. Source Laws 1986, Third Spec. Sess., LB 1, § 4.
52-1305. Commission merchant, defined. Commission merchant shall mean any person engaged in the business of receiving any farm product for sale, on commission, or for or on behalf of another person. Source Laws 1986, Third Spec. Sess., LB 1, § 5.
52-1306. Debtor, defined. Debtor shall mean the person subjecting a farm product to a security interest. Source Laws 1986, Third Spec. Sess., LB 1, § 6.
52-1307. Effective financing statement, defined. Effective financing statement means a statement that: (1) Is an original or reproduced copy thereof; (2) Is filed by the secured party in the office of the Secretary of State; (3) Is signed, authorized, or otherwise authenticated by the debtor, unless filed electronically, in which case the signature of the […]
52-1308. Farm product, defined. Farm product shall mean an agricultural commodity, a species of livestock used or produced in farming operations, or a product of such crop or livestock in its unmanufactured state, that is in the possession of a person engaged in farming operations. Farm products shall include, but are not limited to, apples, […]
