Nebraska Revised Statute 77-1809
Real property taxes; delinquent tax sales; purchase by county; assignment of certificate of purchase; interest; notice to land bank.
(1) At all sales provided by law, the county board may purchase for the use and benefit, and in the name of the county, any real estate advertised and offered for sale when the same remains unsold for want of bidders. The county treasurer shall issue certificates of purchase of the real estate so sold in the name of the county. Such certificates shall remain in the custody of the county treasurer, who shall at any time assign the same to any person wishing to buy for the amount expressed on the face of the certificate and interest thereon at the rate specified in section 45-104.01, as such rate may from time to time be adjusted by the Legislature, from the date thereof. Such assignment shall be attested by the endorsement of the county clerk of his or her name on the back of such certificate, and such endorsement shall be made when requested by the county treasurer.
(2) If real estate is purchased by a county under this section and such real estate lies within a municipality that has created a land bank pursuant to the Nebraska Municipal Land Bank Act, the county treasurer of such county shall notify the land bank of such purchase as soon as practical and shall give the land bank the first opportunity to acquire the certificate of purchase for such real estate from the county.
- Laws 1903, c. 73, § 201, p. 462;
- R.S.1913, § 6529;
- C.S.1922, § 6057;
- C.S.1929, § 77-2009;
- Laws 1937, c. 167, § 34, p. 662;
- Laws 1939, c. 98, § 34, p. 449;
- Laws 1941, c. 157, § 34, p. 633;
- C.S.Supp.,1941, § 77-2009;
- R.S.1943, § 77-1809;
- Laws 1971, LB 26, § 1;
- Laws 1979, LB 84, § 2;
- Laws 1981, LB 167, § 44;
- Laws 2013, LB97, § 22.
- Nebraska Municipal Land Bank Act, see section 19-5201.
Certificate of tax sale is required to show payment of taxes and interest. Thomas v. Flynn, 169 Neb. 458, 100 N.W.2d 37 (1959).
A governmental subdivision purchasing and foreclosing a tax sale certificate on real estate does so as trustee of an express trust for use and benefit of the state and all other governmental subdivisions entitled to participate in distribution of proceeds. City of McCook v. Johnson, 135 Neb. 270, 281 N.W. 69 (1938).
County board may purchase for county any real estate remaining unsold for want of bidders and foreclose tax. Logan County v. Carnahan, 66 Neb. 685, 92 N.W. 984 (1902), affirmed on rehearing 66 Neb. 693, 95 N.W. 812 (1903); Otoe County v. Mathews, 18 Neb. 466, 25 N.W. 618 (1885); Otoe County v. Brown, 16 Neb. 394, 20 N.W. 274 (1884).
Certificate cannot be assigned for less than amount due thereon with interest and costs. State of Neb. ex rel. John T. Jones v. Graham, 17 Neb. 43, 22 N.W. 114 (1885).