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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1230
Introduced by Strommen, 47.
Read first time January 21, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to property; to amend sections 69-2303,1
69-2308, and 76-14,109, Reissue Revised Statutes of Nebraska,2
sections 60-149 and 69-2302, Revised Statutes Cumulative Supplement,3
2024, and section 60-166, Revised Statutes Supplement, 2025; to4
provide for certificates of title for mobile homes as prescribed; to5
provide for certain property relating to mobile homes and define and6
redefine terms in the Disposition of Personal Property Landlord and7
Tenant Act; to harmonize provisions; and to repeal the original8
sections. 9
Be it enacted by the people of the State of Nebraska,10
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Section 1. Section 60-149, Revised Statutes Cumulative Supplement,1
2024, is amended to read: 2
60-149 (1)(a) If a certificate of title has previously been issued3
for a vehicle in this state, the application for a new certificate of4
title shall be accompanied by the certificate of title duly assigned5
except as otherwise provided in the Motor Vehicle Certificate of Title6
Act. 7
(b) Except for manufactured homes or mobile homes as provided in8
subsection (2) of this section, if a certificate of title has not9
previously been issued for the vehicle in this state or if a certificate10
of title is unavailable, the application shall be accompanied by:11
(i) A manufacturer's or importer's certificate except as otherwise12
provided in subdivision (viii) of this subdivision;13
(ii) A duly certified copy of the manufacturer's or importer's14
certificate; 15
(iii) An affidavit by the owner affirming ownership in the case of16
an all-terrain vehicle, a utility-type vehicle, or a minibike;17
(iv) A certificate of title from another state;18
(v) A court order issued by a court of record, a manufacturer's19
certificate of origin, or an assigned registration certificate, if the20
law of the state from which the vehicle was brought into this state does21
not have a certificate of title law; 22
(vi) Evidence of ownership as provided for in section 30-24,125,23
sections 52-601.01 to 52-605, sections 60-1901 to 60-1911, or sections24
60-2401 to 60-2411; 25
(vii) Documentation prescribed in section 60-142.01, 60-142.02,26
60-142.04, 60-142.05, 60-142.09, or 60-142.11 or documentation of27
compliance with section 76-1607; 28
(viii) A manufacturer's or importer's certificate and an affidavit29
by the owner affirming ownership in the case of a minitruck;30
(ix) In the case of a motor vehicle, a trailer, an all-terrain31
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vehicle, a utility-type vehicle, or a minibike, an affidavit by the1
holder of a motor vehicle auction dealer's license as described in2
subdivision (11) of section 60-1406 affirming that the certificate of3
title is unavailable and that the vehicle (A) is a salvage vehicle4
through payment of a total loss settlement, (B) is a salvage vehicle5
purchased by the auction dealer, or (C) has been donated to an6
organization operating under section 501(c)(3) of the Internal Revenue7
Code as defined in section 49-801.01; or 8
(x) A United States Government Certificate to Obtain Title to a9
Vehicle. 10
(c) If the application for a certificate of title in this state is11
accompanied by a valid certificate of title issued by another state which12
meets that state's requirements for transfer of ownership, then the13
application may be accepted by this state. 14
(d) If a certificate of title has not previously been issued for the15
vehicle in this state and the applicant is unable to provide such16
documentation, the applicant may apply for a bonded certificate of title17
as prescribed in section 60-167. 18
(2)(a) If the application for a certificate of title for a19
manufactured home or a mobile home is being made in accordance with20
subdivision (4)(b) of section 60-137 or if the certificate of title for a21
manufactured home or a mobile home is unavailable, the application shall22
be accompanied by proof of ownership in the form of:23
(i) A duly assigned manufacturer's or importer's certificate;24
(ii) A certificate of title from another state;25
(iii) A court order issued by a court of record;26
(iv) Evidence of ownership as provided for in the Disposition of27
Personal Property Landlord and Tenant Act or section 30-24,125, sections28
52-601.01 to 52-605, sections 60-1901 to 60-1911, or sections 60-2401 to29
60-2411 , or documentation of compliance with section 76-1607; or30
(v) Assessment records for the manufactured home or mobile home from31
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the county assessor and an affidavit by the owner affirming ownership.1
(b) If the applicant cannot produce proof of ownership described in2
subdivision (a) of this subsection, he or she may submit to the3
department such evidence as he or she may have, and the department may4
thereupon, if it finds the evidence sufficient, issue the certificate of5
title or authorize the county treasurer to issue a certificate of title,6
as the case may be. 7
(3) For purposes of this section, certificate of title includes a8
salvage certificate, a salvage branded certificate of title, or any other9
document of ownership issued by another state or jurisdiction for a10
salvage vehicle. Only a salvage branded certificate of title shall be11
issued to any vehicle conveyed upon a salvage certificate, a salvage12
branded certificate of title, or any other document of ownership issued13
by another state or jurisdiction for a salvage vehicle. A previously14
salvage branded certificate of title may be issued if, prior to15
application, the applicant's vehicle has been repaired and inspected as16
provided in section 60-146. 17
(4) The county treasurer shall retain the evidence of title18
presented by the applicant and on which the certificate of title is19
issued. 20
(5)(a) If an affidavit is submitted under subdivision (1)(b)(ix) of21
this section, the holder of a motor vehicle auction dealer's license22
shall certify that (i) it has made at least two written attempts and has23
been unable to obtain the properly endorsed certificate of title to the24
property noted in the affidavit from the owner and (ii) thirty days have25
expired after the mailing of a written notice regarding the intended26
disposition of the property noted in the affidavit by certified mail,27
return receipt requested, to the last-known address of the owner and to28
any lien or security interest holder of record of the property noted in29
the affidavit. 30
(b) The notice under subdivision (5)(a)(ii) of this section shall31
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contain a description of the property noted in the affidavit and a1
statement that title to the property noted in the affidavit shall vest in2
the holder of the motor vehicle auction dealer's license thirty days3
after the date such notice was mailed. 4
(c) The mailing of notice and the expiration of thirty days under5
subdivision (5)(a)(ii) of this section shall extinguish any lien or6
security interest of a lienholder or security interest holder in the7
property noted in the affidavit, unless the lienholder or security8
interest holder has claimed such property within such thirty-day period.9
The holder of a motor vehicle auction dealer's license shall transfer10
possession of the property noted in the affidavit to the lienholder or11
security interest holder claiming such property. 12
Sec. 2. Section 60-166, Revised Statutes Supplement, 2025, is13
amended to read: 14
60-166 (1)(a) This subsection applies prior to the implementation15
date designated by the Director of Motor Vehicles pursuant to subsection16
(2) of section 60-1508. 17
(b) In the event of (i) the transfer of ownership of a vehicle by18
operation of law as upon inheritance, devise, bequest, order in19
bankruptcy, insolvency, replevin, or execution sale or as provided in20
sections 30-24,125, 52-601.01 to 52-605, 60-1901 to 60-1911, and 60-240121
to 60-2411, (ii) the engine of a vehicle being replaced by another22
engine, (iii) a vehicle being sold to satisfy storage or repair charges23
or under section 76-1607, or (iv) repossession being had upon default in24
performance of the terms of a chattel mortgage, trust receipt,25
conditional sales contract, or other like agreement, the county treasurer26
of any county or the department, upon the surrender of the prior27
certificate of title or the manufacturer's or importer's certificate, or28
when that is not possible, upon presentation of satisfactory proof of29
ownership and right of possession to such vehicle, and upon payment of30
the appropriate fee and the presentation of an application for31
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certificate of title, may issue to the applicant a certificate of title1
thereto. 2
(2)(a) This subsection applies beginning on the implementation date3
designated by the director pursuant to subsection (2) of section 60-1508.4
(b) In the event of (i) the transfer of ownership of a vehicle by5
operation of law as upon inheritance, devise, bequest, order in6
bankruptcy, insolvency, replevin, or execution sale or as provided in the7
Disposition of Personal Property Landlord and Tenant Act or section8
30-24,125, sections 52-601.01 to 52-605, sections 60-1901 to 60-1911, and9
sections 60-2401 to 60-2411, (ii) the engine of a vehicle being replaced10
by another engine, (iii) a vehicle being sold to satisfy storage or11
repair charges or under section 76-1607, or (iv) repossession being had12
upon default in performance of the terms of a chattel mortgage, trust13
receipt, conditional sales contract, or other like agreement, and upon14
acceptance of an electronic certificate of title record after15
repossession, in addition to the title requirements in this section, the16
county treasurer of any county or the department, upon the surrender of17
the prior certificate of title or the manufacturer's or importer's18
certificate, or when that is not possible, upon presentation of19
satisfactory proof of ownership and right of possession to such vehicle,20
and upon payment of the appropriate fee and the presentation of an21
application for certificate of title, may issue to the applicant a22
certificate of title thereto. 23
(3) If the prior certificate of title issued for such vehicle24
provided for joint ownership with right of survivorship, a new25
certificate of title shall be issued to a subsequent purchaser upon the26
assignment of the prior certificate of title by the surviving owner and27
presentation of satisfactory proof of death of the deceased owner.28
(4) Only an affidavit by the person or agent of the person to whom29
possession of such vehicle has so passed, setting forth facts entitling30
him or her to such possession and ownership, together with a copy of a31
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court order or an instrument upon which such claim of possession and1
ownership is founded, shall be considered satisfactory proof of ownership2
and right of possession, except that if the applicant cannot produce such3
proof of ownership, he or she may submit to the department such evidence4
as he or she may have, and the department may thereupon, if it finds the5
evidence sufficient, issue the certificate of title or authorize any6
county treasurer to issue a certificate of title, as the case may be.7
(5) If from the records of the county treasurer or the department8
there appear to be any liens on such vehicle, such certificate of title9
shall comply with section 60-164, 60-165, or 60-165.02 regarding such10
liens unless the application is accompanied by proper evidence of their11
satisfaction or extinction. 12
Sec. 3. Section 69-2302, Revised Statutes Cumulative Supplement,13
2024, is amended to read: 14
69-2302 For purposes of the Disposition of Personal Property15
Landlord and Tenant Act: 16
(1) Landlord means the owner, lessor, or sublessor of furnished or17
unfurnished premises , including self-service storage units or18
facilities, for rent or his or her agent or successor in interest;19
(2) Mobile home has the same meaning as in section 76-1463;20
(3) Mobile home park has the same meaning as in section 76-1464;21
(4) Mobile home space has the same meaning as in section 76-1465;22
(5) (2) Owner means one or more persons, jointly or severally, in23
whom is vested (a) all or part of the legal title to property or (b) all24
or part of the beneficial ownership and a right to present use and25
enjoyment of premises and shall include a mortgagee in possession;26
(6) Personal property means movable property not affixed to land.27
Personal property includes, but is not limited to, goods, wares,28
merchandise, motor vehicles, mobile homes, watercraft, household items,29
and furnishings; 30
(7) (3) Premises means: 31
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(a) A a dwelling unit as defined in section 76-1410 or section1
76-1459 or a distinct portion of a dwelling unit, the facilities and2
appurtenances in such dwelling unit, and the grounds, areas, and3
facilities held out for the use of tenants generally or the use of which4
is promised to the tenants; 5
(b) A mobile home space or mobile home park; or6
(c) Self-service (b) self-service storage units or facilities;7
(8) (4) Reasonable belief means the knowledge or belief a prudent8
person should have without making an investigation, including any9
investigation of public records, except that when the landlord has10
specific information indicating that such an investigation would more11
probably than not reveal pertinent information and the cost of such an12
investigation would be reasonable in relation to the probable value of13
the personal property involved, reasonable belief shall include the14
actual knowledge or belief a prudent person would have if such15
investigation were made; 16
(9) (5) Reasonable costs of storage includes:17
(a) Reasonable costs actually incurred, the reasonable value of18
labor actually provided, or both in removing personal property from its19
original location on the vacated premises to the place of storage,20
including disassembly and transportation; and 21
(b) Reasonable storage costs actually incurred which shall not22
exceed the fair rental value of the space reasonably required for the23
storage of the personal property; and 24
(10) (6) Tenant means a person entitled under a rental agreement to25
occupy any premises for rent or storage uses to the exclusion of others26
whether such premises are used as a dwelling unit or self-service storage27
unit or facility or not. 28
Sec. 4. Section 69-2303, Reissue Revised Statutes of Nebraska, is29
amended to read: 30
69-2303 (1) Except as otherwise provided in subsection (5) of31
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section 76-1414, when personal property remains on the premises after a1
tenancy has terminated or expired and the premises have been vacated by2
the tenant, the landlord shall give written notice as provided in3
subsection (2) of this section to such tenant and to any other person the4
landlord reasonably believes to be the owner of the property.5
(2)(a) The notice required by subsection (1) of this section shall6
describe the property in a manner reasonably adequate to permit the owner7
of the property to identify it. The notice may describe all or a portion8
of the property, but the limitation of liability provided by section9
69-2309 shall not protect the landlord from any liability arising from10
the disposition of property not described in the notice, except that the11
notice need not describe the contents of any: 12
(i) Trunk a trunk, valise, box, or other container which is locked,13
fastened, or tied in a manner which deters immediate access to its14
contents; or 15
(ii) Mobile home which is locked in a manner which deters immediate16
access to its interior may be described as such without describing its17
contents. 18
(b) The notice shall state that reasonable costs of storage may be19
charged before the property is returned, the location where the property20
may be claimed, and the date on or before which such property must be21
claimed. 22
(c) The date specified in the notice shall be a date not less than23
seven days after the notice is personally delivered or, if mailed, not24
less than fourteen days after the notice is deposited in the mail.25
(d) The notice shall be given within six months of the date of26
expiration of the lease of the property or the date of discovery of the27
abandonment, whichever is later. 28
(3) The notice shall be personally delivered or sent by first-class29
mail, postage prepaid, to the person to be notified at his or her last-30
known address and, if there is reason to believe that the notice sent to31
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that address will not be received by him or her, also delivered or sent1
to such other address, if any, known to the landlord at which such person2
may reasonably be expected to receive the notice. 3
Sec. 5. Section 69-2308, Reissue Revised Statutes of Nebraska, is4
amended to read: 5
69-2308 (1) If the personal property is not released pursuant to6
section 69-2307, it shall be sold at public sale by competitive bidding,7
except that if the landlord reasonably believes that the total resale8
value of the property not released is less than two thousand dollars, he9
or she may retain such property for his or her own use or dispose of it10
in any manner he or she chooses. At such time as the decision to sell or11
to retain is made, any locked mobile home or trunk, valise, box, or other12
container shall be opened, if practicable, with as little damage as13
possible, and its contents evaluated. Nothing in this section shall be14
construed to preclude the landlord or the tenant from bidding on the15
property at the public sale. The successful bidder's title shall be16
subject to ownership rights, liens, and security interests which have17
priority by law. 18
(2) Notice of the time and place of the public sale shall be given19
by advertisement of the sale published once a week for two consecutive20
weeks in a newspaper of general circulation in the county where the sale21
is to be held. If there is no newspaper of general circulation in the22
county where the sale is to be held, the advertisement shall be posted no23
fewer than ten days before the sale in not less than six conspicuous24
places in the neighborhood of the proposed sale. The sale shall be held25
at the nearest suitable place to the place where the personal property is26
held or stored. The advertisement shall include a description of the27
goods, the name of the former tenant, and the time and place of the sale.28
The sale shall take place no sooner than ten days after the first29
publication. The last publication shall be no less than five days before30
the sale is to be held. Notice of sale may be published before the last31
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of the dates specified for taking possession of the property in any1
notice given pursuant to section 69-2303. 2
(3) The notice of the sale shall describe the property to be sold in3
a manner reasonably adequate to permit the owner of the property to4
identify it. The notice may describe all or a portion of the property,5
but the limitation of liability provided by section 69-2309 shall not6
release the landlord from any liability arising from the disposition of7
property not described in the notice. 8
(4) After deduction of the reasonable costs of storage, advertising,9
and sale, any proceeds of the sale not claimed by the former tenant, an10
owner other than such tenant, or another person having an interest in the11
proceeds shall, not later than thirty days after the date of sale, be12
remitted to the State Treasurer for disposition pursuant to the Uniform13
Disposition of Unclaimed Property Act. The former tenant, other owner, or14
other person having interest in the proceeds may claim the proceeds by15
complying with the act. If the State Treasurer pays the proceeds or any16
part thereof to a claimant, neither the State Treasurer nor any employee17
thereof shall be liable to any other claimant as to the amount paid.18
Sec. 6. Section 76-14,109, Reissue Revised Statutes of Nebraska, is19
amended to read: 20
76-14,109 (1) If a tenant abandons a mobile home on a mobile home21
space, the mobile home shall may not be removed from the mobile home22
space by the tenant or his or her agent without: 23
(a) A a signed written authorization from the landlord granting24
clearance for removal, showing all money due and owing paid in full; , or25
(b) Compliance with the Disposition of Personal Property Landlord26
and Tenant Act; or 27
(c) An an agreement reached with the legal owner and the landlord.28
(2) A mobile home shall be considered to be abandoned if the tenant29
has defaulted in rent and has, by absence of at least thirty days or by30
words or actions, reasonably indicated an intention not to continue the31
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tenancy. 1
(3) Nothing in this section shall prohibit a landlord from removing2
an abandoned mobile home from the mobile home space and placing it in3
storage at the owner's expense or from utilizing any other legal remedy.4
Sec. 7. Original sections 69-2303, 69-2308, and 76-14,109, Reissue5
Revised Statutes of Nebraska, sections 60-149 and 69-2302, Revised6
Statutes Cumulative Supplement, 2024, and section 60-166, Revised7
Statutes Supplement, 2025, are repealed. 8
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