Nebraska § 12-1212 Civil action; statute of limitation; recovery; attorney's fees

Nebraska Statutes

§ 12-1212 — Civil action; statute of limitation; recovery; attorney's fees

Nebraska § 12-1212

Ch. 12Cemeteries

This text of Nebraska § 12-1212 (Civil action; statute of limitation; recovery; attorney's fees) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 12-1212 (2026).

Text

(1)Any person, Indian tribe, or Indian tribal member shall have a civil cause of action against any person alleged to have intentionally violated the Unmarked Human Burial Sites and Skeletal Remains Protection Act or section 28-1301 . The action shall be brought within two years of discovery by the plaintiff of the alleged violation or within two years of August 25, 1989, whichever is later. The action shall be filed either in the district court of the county in which the unmarked human burial, human skeletal remains, or burial goods are located or in which the defendant resides.

(2)If the plaintiff prevails in an action brought pursuant to this section:

(a)The court may award reasonable attorney's fees to the plaintiff and may grant injunctive or other appropriate relief, including fo

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(1) Any person, Indian tribe, or Indian tribal member shall have a civil cause of action against any person alleged to have intentionally violated the Unmarked Human Burial Sites and Skeletal Remains Protection Act or section 28-1301 . The action shall be brought within two years of discovery by the plaintiff of the alleged violation or within two years of August 25, 1989, whichever is later. The action shall be filed either in the district court of the county in which the unmarked human burial, human skeletal remains, or burial goods are located or in which the defendant resides.
(2) If the plaintiff prevails in an action brought pursuant to this section:
(a) The court may award reasonable attorney's fees to the plaintiff and may grant injunctive or other appropriate relief, including forfeiture of any human skeletal remains or burial goods acquired as a result of or equipment used in the violation. The court shall order the disposition of any items forfeited, including the reinterment of any human skeletal remains or burial goods pursuant to the act; and
(b) The plaintiff may recover actual damages for each violation.
(3) If the defendant prevails in an action brought pursuant to this section, the court may award reasonable attorney's fees to the defendant.