Nebraska § 76-310 Failure of better title holder to make election; right of occupant

Nebraska Statutes

§ 76-310 — Failure of better title holder to make election; right of occupant

Nebraska § 76-310

Ch. 76Real Property

This text of Nebraska § 76-310 (Failure of better title holder to make election; right of occupant) 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. § 76-310 (2026).

Text

The occupant or claimant shall in no case be evicted from possession, or deprived of his right in the premises, except as provided in sections  76-308  and  76-309 , and in case the successful claimant shall neglect to elect to take said real estate with improvements, or to convey the same to the occupant or claimant, within such time as the court shall direct, then decree shall be entered in favor of the occupant or claimant upon his payment into court the value of the real estate without improvements. Such decree shall have the effect to transfer and convey to such occupant or claimant the title and rights of the successful claimant.

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The occupant or claimant shall in no case be evicted from possession, or deprived of his right in the premises, except as provided in sections 76-308 and 76-309 , and in case the successful claimant shall neglect to elect to take said real estate with improvements, or to convey the same to the occupant or claimant, within such time as the court shall direct, then decree shall be entered in favor of the occupant or claimant upon his payment into court the value of the real estate without improvements. Such decree shall have the effect to transfer and convey to such occupant or claimant the title and rights of the successful claimant.

Legislative History

Source: Laws 1883, c. 59, § 10, p. 254; R.S.1913, § 6264; C.S.1922, § 5674; C.S.1929, § 76-310; R.S.1943, § 76-310. Annotations: When party is in possession and can recover value of improvements under Occupying Claimants Act, he cannot recover value thereof in action for damages. Webb v. Wheeler, 80 Neb. 438, 114 N.W. 636 (1908). Occupant cannot be dispossessed until he has been compensated for value of improvements. Troxell v. Stevens, 57 Neb. 329, 77 N.W. 781 (1899).