State Codes and Statutes

Statutes > Nebraska > Chapter69 > 69-2308

69-2308. Sale of personalproperty; when required; notice of sale; requirements; disposition of proceeds.(1) If the personal property is not released pursuant tosection 69-2307, it shall be sold at public sale by competitive bidding, exceptthat if the landlord reasonably believes that the total resale value of theproperty not released is less than onethousand dollars, he or she may retain such property for his orher own use or dispose of it in any manner he or she chooses. At such timeas the decision to sell or to retain is made, any locked trunk, valise, box,or other container shall be opened, if practicable, with as little damageas possible, and its contents evaluated. Nothing in this section shall beconstrued to preclude the landlord or the tenant from bidding on the propertyat the public sale. The successful bidder's title shall be subject to ownershiprights, liens, and security interests which have priority by law.(2) Notice of the time and place of the public sale shallbe given by advertisement of the sale published once a week for two consecutiveweeks in a newspaper of general circulation in the county where the sale isto be held. If there is no newspaper of general circulation in the countywhere the sale is to be held, the advertisement shall be posted no fewer thanten days before the sale in not less than six conspicuous places in the neighborhoodof the proposed sale. The sale shall be held at the nearest suitable placeto the place where the personal property is held or stored. The advertisementshall include a description of the goods, the name of the former tenant, andthe time and place of the sale. The sale shall take place no sooner than tendays after the first publication. The last publication shall be no less thanfive days before the sale is to be held. Notice of sale may be published beforethe last of the dates specified for taking possession of the property in anynotice given pursuant to section 69-2303.(3) The notice of the sale shall describe the property tobe sold in a manner reasonably adequate to permit the owner of the propertyto identify it. The notice may describe all or a portion of the property,but the limitation of liability provided by section 69-2309 shall not releasethe landlord from any liability arising from the disposition of property notdescribed in the notice.(4) After deduction of the reasonable costs of storage, advertising,and sale, any proceeds of the sale not claimed by the former tenant, an ownerother than such tenant, or another person having an interest in the proceedsshall, not later than thirty days after the date of sale, be remitted to theState Treasurer for disposition pursuant to the Uniform Disposition of UnclaimedProperty Act. The former tenant, other owner, or other person having interestin the proceeds may claim the proceeds by complying with the act. If the StateTreasurer pays the proceeds or any part thereof to a claimant, neither theState Treasurer nor any employee thereof shall be liable to any other claimantas to the amount paid. SourceLaws 1991, LB 36, § 8; Laws 2010, LB712, § 45.Operative Date: July 15, 2010 Cross ReferencesUniform Disposition of Unclaimed Property Act, see section 69-1329.