State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter77 > 77-209

77-209. Special assessments; lien on real estate; priority.All special assessments, regularly assessed and levied as provided by law, shall be a lien on the real estate on which assessed, and shall take priority over all other encumbrances and liens thereon except the first lien of general taxes under section 77-203. SourceLaws 1903, c. 73, § 18, p. 391; R.S.1913, § 6306; Laws 1921, c. 133, art. II, § 7, p. 548; C.S.1922, § 5826; C.S.1929, § 77-207; R.S.1943, § 77-209.AnnotationsAll special taxes are a lien, subject to the lien of general taxes, and superior to all other encumbrances and liens. Polenz v. City of Ravenna, 145 Neb. 845, 18 N.W.2d 510 (1945).Proceeds of tax foreclosure are applied, first, to the payment of costs; second, to the payment of general taxes; and the remainder, if insufficient to pay special assessments, to be prorated equitably upon special assessments due. County of Garden v. Schaaf, 145 Neb. 676, 17 N.W.2d 874 (1945).Charges for irrigation water sold and delivered are not special assessments for which a lien is given. Union Central Life Ins. Co. v. Cover, 137 Neb. 260, 289 N.W. 331 (1939).On tax foreclosure, general taxes are superior to special assessments. Douglas County v. Shannon, 125 Neb. 783, 252 N.W. 199 (1934).Where notice to landowners is not given, lien of special assessments will be held subject to liens of recorded mortgages. Board of Commissioners of Hamilton County v. Northwestern Mut. Life Ins. Co., 114 Neb. 596, 209 N.W. 256 (1926).Lien for special assessments due to city was inferior to perfected lien of agency of United States. United States v. Hauff, 267 F.Supp. 390 (D. Neb. 1966).Proceeds of sale of real estate of bankrupt corporation were allocated first to county for real estate taxes. In re Independent Truckers, Inc., 226 F.Supp. 440 (D. Neb. 1963).