State Codes and Statutes

Statutes > Nebraska > Chapter37 > 37-1277

37-1277. Acquisition of motorboat; requirements.(1) Except as provided in subsections (2) and (3) of this section, noperson acquiring a motorboat from the owner thereof, whether the owner isa manufacturer, importer, dealer, or otherwise, shall acquire any right, title,claim, or interest in or to such motorboat until he or she has physical possessionof the motorboat and a certificate of title or a manufacturer's or importer'scertificate with assignments on the certificate to show title in the purchaseror an instrument in writing required by section 37-1281. No waiver or estoppelshall operate in favor of such person against a person having physical possessionof the motorboat and the certificate of title, the manufacturer's or importer'scertificate, or an instrument in writing required by section 37-1281. No courtin any case at law or in equity shall recognize the right, title, claim, orinterest of any person in or to any motorboat sold, disposed of, mortgaged,or encumbered unless there is compliance with this section.(2) A motorboat manufactured before November 1, 1972, is exempt fromthe requirement to have a certificate of title. If a person acquiring a motorboatwhich is exempt from the requirement to have a certificate of title desiresto acquire a certificate of title for the motorboat, the person may applyfor a certificate of title pursuant to section 37-1278.(3) A motorboat owned by the United States, the State of Nebraska, oran agency or political subdivision of either is exempt from the requirementto have a certificate of title. A person other than an agency or politicalsubdivision acquiring such a motorboat which is not covered under subsection(2) of this section shall apply for a certificate of title pursuant to section 37-1278. The person shall show proof of purchase from a governmental agencyor political subdivision to obtain a certificate of title.(4) Beginning on theimplementation date of the electronic title and lien system designated bythe Director of Motor Vehicles pursuant to section 37-1282, an electroniccertificate of title record shall be evidence of an owner's right, title,claim, or interest in a motorboat. SourceLaws 1994, LB 123, § 5; Laws 1996, LB 464, § 13; Laws 1997, LB 720, § 4; Laws 2009, LB202, § 3.