§ 76-3102 — Legislative findings and declarations

The Legislature finds
and declares that the public policy of this state favors the marketability
of real property and the transferability of interests in real property free
of title defects or unreasonable restraints on alienation. The Legislature
further finds and declares that private transfer fee obligations violate this
public policy by impairing the marketability and transferability of real property
and by constituting an unreasonable restraint on alienation regardless of
the duration of the obligation to pay a private transfer fee, the amount of
a private transfer fee, or the method by which any private transfer fee is
created or imposed. The Legislature finds and declares that a private transfer
fee obligation should not run with the title to property or otherwise bind
subsequent owners of property under any common-law or equitable principle.

Legislative History

Source: Laws 2011, LB26, § 2.