Current through September 17, 2024
002.01 Actual value
Actual value means the market value or fair market value of
real property in the ordinary course of trade. It is the most probable price,
expressed in terms of money, that a property will bring if exposed for sale in
the open market or in an arm's-length transaction between a willing seller and
a willing buyer, both of whom are knowledgeable concerning all the uses to
which the real property is adapted and for which it is capable of being used.
Actual value may be determined using professionally-accepted mass appraisal
methods, including, but not limited to, the:
(1) sales comparison approach;
(2) income approach; and
(3) cost approach.
002.02 Assessment
Assessment means listing the description of all real and
personal property, determining its taxability, determining its taxable value,
and placing it on the assessment roll.
002.03 Assessment roll
Assessment roll means a complete and verified list of all
real property in a county and the associated assessments
002.04 City size
City size means the population of a city in which a parcel is
located.
002.05 Class or
subclass of real property
Class or subclass of real property means a collection of
properties that share one or more common characteristics that affect value and
that are not found in other properties outside the class or subclass.
002.05A For agricultural or horticultural
land, class or subclass includes, but is not limited to: irrigated cropland;
dry cropland; grassland; wasteland; nurseries; feedlots; orchards; location;
geographic characteristics; and other market characteristics that are
appropriate for the assessment of the class or subclass of agricultural or
horticultural land.
002.05A(1) In the case of
agricultural or horticultural land subject to special valuation, class or
subclass includes, but is not limited to: irrigated cropland; dry cropland;
grassland; wasteland; nurseries; feedlots; orchards; location; geographic
characteristics; and other market characteristics that are appropriate for the
valuation of a class or subclass of agricultural or horticultural land at 75%
of its special value as if the land were available only for agricultural or
horticultural purposes, or uses without regard to any other purpose, or use
that could be applied to the land.
002.05B For all other real property, class or
subclass includes, but is not limited to, improvement status; parcel type;
zoning; location; city size; parcel size; geographic characteristics; or market
characteristics that are appropriate for the valuation of a class or subclass
of real property. For the purposes of this regulation, market characteristics
means the social and economic factors in the market that affect the value of
real property.
002.05C Geographic
characteristics means the physical characteristics of the earth, land, region,
or site that may have an effect on value.
002.06 Clerical error
Clerical error means transposition of numbers, mathematical
error, computer malfunction causing programming and printing errors, data entry
error, items of real property other than land identified on the wrong parcel,
incorrect ownership, or certification of an incorrect valuation to political
subdivisions, pursuant to Neb. Rev. Stat. §
77-128.
002.07 Equalization
Equalization means a process by which the valuations of
similar or comparable properties are reviewed, to assure that equivalent
characteristics receive equivalent consideration and treatment in the
assessment process.
002.08
Farm site
Farm site means the portion of land contiguous to land
actively devoted to agriculture, which includes improvements that are
agricultural or horticultural in nature, including any uninhabitable or
unimproved farm home site, all of which is contiguous to agricultural or
horticultural land. This land will not be classified as agricultural or
horticultural land and will not include a home site.
002.09 Home site
Home site means a parcel, which is used or intended to be
used for residential purposes.
002.09A
Farm home site means land contiguous to a farm site which includes an
inhabitable residence and improvements used for residential purposes and which
is located outside of urban areas or outside a platted and zoned subdivision.
This land must not be classified or assessed as agricultural or horticultural
land.
002.10 Location
Location means the physical site of real property by one of
the following descriptions:
002.10A
Rural means all real property outside of an urban or suburban area.
Unincorporated villages and subdivisions outside the legal jurisdiction of an
incorporated city or village classified as rural.
002.10B Suburban means a parcel located
outside of the limits of an incorporated city or village, but within the legal
jurisdiction of an incorporated city or village.
002.10C Urban means a parcel located within
the limits of an incorporated city or village.
002.11 Omitted property
Omitted property means, for the current tax year, any taxable
real property that was not assessed on March 19. Beginning January 1, 2014, the
date is March 25 for counties with a population of at least 150,000
inhabitants. Omitted property also means any taxable real property that was not
assessed for any prior year. Omitted property does not include exempt property
or listing errors of an item of property on the assessment
roll.
002.12 Parcel
Parcel means a contiguous tract of land under the same
ownership and in the same tax district and section. A parcel may include all
lots in a block that belong to the same owner and are in the same tax district.
Parcel also means an improvement on leased land (IOLL). A parcel cannot contain
more than one section.
002.13 Parcel size
Parcel size means the size of the parcel in square feet or
acres.
002.14 Predominant
use
Predominant use means the most common, frequent, or
prevailing use of the land.
002.15 Property parcel type
Property parcel type means the predominant use of the parcel
at the time of assessment regardless of the parcel's legal use or
zoning.
002.15A Agricultural or
horticultural land means a parcel that is primarily used for agricultural or
horticultural purposes, excluding any land associated with a building or
enclosed structure located on the parcel. Agricultural or horticultural land
includes wasteland lying in or adjacent to, and in common ownership or
management with, other agricultural and horticultural land.
002.15B Agricultural or horticultural
purposes means used for the commercial production of any plant or animal
product in a raw or unprocessed state that is derived from agriculture,
aquaculture, or horticulture. Agricultural or horticultural purposes includes
land retained or protected for future agricultural or horticultural purposes
under a conservation easement as provided in the state Conservation and
Preservation Easement Act (Neb. Rev. Stat. §§
76-2,111 to
76-2,118) , except
when the parcel or a portion thereof of the parcel, is being used for purposes
other than agricultural or horticultural. Land enrolled in a federal or state
program in which payments are received for removing the land from agricultural
or horticultural production shall will be considered as being used for
agricultural or horticultural purposes.
002.15B(1) See, Agricultural Land and
Horticultural Land Regulations, Chapter 14.
002.15B(2) Land encumbered by an easement
under the federal Wetlands Reserve Program cannot be used for agricultural or
horticultural purposes, cannot be characterized as agricultural or
horticultural land, and must be valued at its actual value.
002.15C Centrally assessed means
operating real property valued by the Property Tax Administrator. See, Property
Valued by the State Regulations, Chapter 30.
002.15D Commercial means all parcels
predominantly used or intended to be used for commerce, trade, or
business.
002.15E Exempt means real
property that receives a property tax exemption pursuant to Neb. Rev. Stat.
§
77-202.
See, Property Tax Exemption Regulations, Chapter 40.
002.15F Nebraska Game and Parks Commission
(Commission) payments in lieu of tax means the annual payment made in place of,
or as a substitute for, a property tax for land acquired by the Commission for
wildlife management purposes. The payments are for the same amount that the
real property taxes would have been if the land was privately owned based upon
the land use at the time of acquisition by the Commission. See, In Lieu of Tax
Regulations, Chapter 41.
002.15G
Industrial means all parcels predominantly used or intended to be used to
process or manufacture goods or materials.
002.15H For mineral interests and mobile
homes, See, Regulations
10-002.18E and
10-002.18F
respectively.
002.15I Multi-family
means dwellings predominantly used for occupancy by more than two
families.
002.15J Recreational
means all parcels predominantly used or intended to be used for diversion,
entertainment, and relaxation on an occasional basis. Some of these uses are
fishing, hunting, camping, boating, hiking, picnicking, or having an access or
view that simply allows diversion, entertainment, and relaxation.
002.15K Single family residential means all
parcels predominantly used or intended to be used as a dwelling place or abode
whether occupied by the owner, tenant, or lessee; and where occupancy is
usually year-round, as opposed to a transitory occupancy.
002.16 Property record card
Property record card shall means a master record located at
the beginning of the property record file and serves as a reference to and
inventory of all portions of the property record file. It must contain a
summary of the general data relevant to the parcel it represents. This may be
in the form of an electronic file that can be printed on
demand.
002.17 Property
record file
Property record file means a file that contains the property
record card, worksheets, supplemental data, and transfer information. All
portions of the property record file are interrelated through codes and
references, which are recorded on a property record card. This may be in the
form of an electronic file that can be printed on demand.
002.18 Real property
Real property means all land, buildings, fixtures other than
trade fixtures, improvements, certain mobile homes, cabin trailers and similar
property, mineral interests, and all privileges pertaining to real
property.
002.018A Building means an
improvement to real property enclosing a space within its walls and usually,
but not necessarily, covered by a roof and designed for habitation, shelter,
storage, business, trade, or manufacture.
002.018B Fixtures (other than trade fixtures)
means any item of property that is:
002.018B(1) Annexed or physically attached to
or incorporated into the real property;
002.018B(2) Appropriated to the use of the
real property to which it is annexed. If the property is a necessary or useful
addition to the real property to which it is annexed, then it has been
appropriated to the use or purpose of the real property; and
002.018B(3) Intended to be annexed to the
real property. Intention is inferred from the nature and extent of the
annexation and appropriation, unless the owner of the real property provides
documentation that the intention is otherwise.
002.018C Examples of fixtures are items which
are common to the maintenance and operation of a building such as central air
conditioning, heating system, common lighting, and plumbing. All of these
examples add to the value of a building or appreciably prolong the useful life
of the building and considered a real property.
002.018D Improvement means any addition made
to real property, amounting to more than a repairs, such as sidewalks, streets,
sewers, or utilities.
002.018E
Mineral interest means the ownership of mines, minerals, quarries, mineral
springs and wells, oil and gas wells, overriding royalty interests, and
production payments with respect to oil and gas leases. A mineral interest
includes the executor's rights to sell or lease the property, to receive bonus
payments and delay rentals, and to participate in the production through
royalty payments. See, Mineral Interests Regulation, Chapter 13.
002.018F Mobile home, cabin trailer, and
similar property means every portable or relocatable device of any description
without motive power, which is used, or designed to be used for residential,
office, commercial, agricultural, or other similar purposes. Mobile homes,
cabin trailers, and similar property that are unoccupied and held for sale at
the location of the business, by persons engaged in the business of selling
this type of property, are not included.
002.018G Privileges pertaining to real
property means the right to sell, lease, use, give away, or enter, and the
right to refuse to do any of these. All rights may or may not be vested in one
owner or interest holder.
002.19 Special valuation
Special valuation means the actual value of the land if the
land were available only for agricultural or horticultural purposes or uses,
without regard to any other purpose or use for which the land may be
used.
002.20 Special
valuation assessment
Special valuation assessment means 75% of the special
valuation.
002.21 Status
Status means improved, unimproved, or improvements on leased
land.
002.21A Improved land means land
upon which buildings or structures are located.
002.21B Improvements on leased land (IOLL)
means any item of real property which is located on land owned by a person
other than the owner of the item.
002.21C Unimproved land means land without
buildings or structures.
002.22 Structure
Structure means anything constructed or erected, requiring
permanent attachment to real property or attached to something permanently
affixed to real property.
002.23 Taxable value and assessed value
Taxable value and assessed value, mean the values set on real
property by a government as a basis for levying taxes. Taxable value and
assessed value have the same meaning and can be used
interchangeably.
002.24
Trade fixture
Trade fixture means an item of machinery or equipment, used
in commercial, manufacturing, or processing activities. The degree of
attachment does not influence the classification of the machinery or equipment
as real property. Trade fixtures are items of personal property which are
placed upon or affixed to real property for the sole purpose of carrying on a
trade or business.
002.25
Undervalued and overvalued property
Undervalued and overvalued property means any taxable
property that is assessed by the county assessor, but has a taxable value lower
or higher than other taxable property with which it is required to be
equalized.
002.26 Valuation
Valuation means the act or process of estimating actual value
of real property, pursuant to Assessment Process Regulations, Chapter
50.
002.27 Zoning
Zoning means the public regulation and enforcement of the use
of land by a county or incorporated city. An incorporated city is granted legal
zoning jurisdiction for a specific area outside of the city limits based on the
class of the city. The class of city and the area of jurisdiction are as
follows:
002.27A Metropolitan class
(population 300,000 or more) - three miles;
002.27B Primary class (population 100,001 -
299,999) - three miles;
002.27C
First class (population 5,001 - 100,000) - two miles;
002.27D Second class (population 801 - 5000)
- one mile;
002.27E Village
(population 100 - 800) - one mile.
