Nebraska Statutes 76-2,132. Required findings; order
(a) The court may not approve relocation of an easement under the Uniform Easement Relocation Act unless the servient estate owner:
Terms Used In Nebraska Statutes 76-2,132
- 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.
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
(1) establishes that the easement is eligible for relocation under section 76-2,129 ; and
(2) satisfies the conditions for relocation under section 76-2,130.
(b) An order under the Uniform Easement Relocation Act approving relocation of an easement must:
(1) state that the order is issued in accordance with the Uniform Easement Relocation Act;
(2) recite the recording data of the instrument creating the easement, if any, any amendments, and any notice as described under sections 76-288 to 76-298 ;
(3) identify the immediately preceding location of the easement;
(4) describe in a legally sufficient manner the new location of the easement;
(5) describe mitigation required of the servient estate owner during relocation;
(6) refer in detail to the plans and specifications of improvements necessary for the easement holder to enter, use, and enjoy the easement in the new location;
(7) specify conditions to be satisfied by the servient estate owner to relocate the easement and construct improvements necessary for the easement holder to enter, use, and enjoy the easement in the new location;
(8) include a provision for payment by the servient estate owner of expenses under section 76-2,133 ;
(9) include a provision for compliance by the parties with the obligation of good faith under section 76-2,134 ; and
(10) instruct the servient estate owner to record an affidavit, if required under subsection (a) of section 76-2,135, when the servient estate owner substantially completes relocation.
(c) An order under subsection (b) of this section may include any other provision consistent with the Uniform Easement Relocation Act for the fair and equitable relocation of the easement.
(d) Before a servient estate owner proceeds with relocation of an easement under the Uniform Easement Relocation Act, the owner must record, in the land records of each jurisdiction where the servient estate is located, a certified copy of the order under subsection (b) of this section.