(1) Service of the notice provided by section 77-1831 shall be made by:
(a) Personal or residence service as described in section 25-505.01 upon a person in actual possession or occupancy of the real property and upon the person in whose name the title to the real property appears of record who can be found in this state. If a person in actual possession or occupancy of the real property cannot be served by personal or residence service, service of the notice shall be made upon such person by certified mail service or designated delivery service as described in section 25-505.01, and the notice shall be sent to the address of the property. If the person in whose name the title to the real property appears of record cannot be found in this state or if such person cannot be served by personal or residence service, service of the notice shall be made upon such person by certified mail service or designated delivery service as described in section 25-505.01, and the notice shall be sent to the name and address to which the property tax statement was mailed. If the real property has been determined to be vacant and abandoned pursuant to section 77-1837, then certified mail service or designated delivery service shall not be used to serve any person with notice under this subdivision until three unsuccessful attempts at personal or residence service have been made; and
(b) Certified mail or designated delivery service as described in section 25-505.01 upon every encumbrancer of record found by the title search required in section 77-1833. The notice shall be sent to the encumbrancer's name and address appearing of record as shown in the encumbrance filed with the register of deeds.
(2) Personal or residence service shall be made by the county sheriff of the county where service is made or by a person authorized by section 25-507. The sheriff or other person serving the notice shall be entitled to the statutory fee prescribed in section 33-117.
Notes of Decisions
Wisner v. Vandelay Invs., L.L.C., 300 Neb. 825 (Neb. 2018).
· cites it 15× “59 As to proper notice under the tax deed method, § 77-1832, in relevant part, provides: "Service of the notice provided by section 77-1831 shall be made by certified mail, return receipt requested, upon the person in whose name the title to the real property appears of record…”
HBI, L.L.C. v. Barnette, 305 Neb. 457 (Neb. 2020).
· cites it 18× “§ 77-1834 (Reissue 2009) means able to be served, and the statute authorizes the holder of a tax certificate to provide notice by publication if the record owner was unable to be served by certified mail at the address where the property tax statement was mailed, upon proof of…”
Wisner v. Vandelay Investments, 300 Neb. 825 (Neb. 2018).
· cites it 19× “Under Neb. Rev. Stat. § 77-1832 (Reissue 2009), service need only be provided to the owner of record at the address where the property tax statement was mailed and may only be done by certified mail, return receipt requested.”
Ottaco Acceptance, Inc. v. Huntzinger, 682 N.W.2d 232 (Neb. 2004).
· cites it 6× “Prior to requesting a treasurer’s tax deed, Ottaco was required to comply with the notice provisions of § 77-1831 and Neb. Rev. Stat. § 77-1832 (Reissue 1996).”
Ottaco Acceptance, Inc. v. Larkin, 733 N.W.2d 539 (Neb. 2007).
· cites it 2× “*775 (a) Ottaco’s Failure to Personally Serve Notice to Record Titleholder Sigma first argues that Ottaco failed to personally serve notice on Larkin pursuant to § 77-1831, Neb. Rev. Stat. § 77-1832 (Reissue 1996), and article VIII, § 3, of the Nebraska Constitution.”
SID No. 424 v. Tristar Mgmt., 288 Neb. 425 (Neb. 2014).
· cites it 4× “In its answer with regard to count I, Tristar affirmatively averred that the SID had been properly notified and served under the relevant statute in chapter 77, article 18, including Neb. Rev. Stat. § 77-1832 (Reissue 2009).”
Thomas v. Flynn, 100 N.W.2d 37 (Neb. 1959).
· cites it 8× “1943, which section 77-1832, R. R. S. 1943, requires *460 “shall be made on every person in actual possession or occupancy of the land” for which a tax deed is intended tó be asked, was never served upon the plaintiff or his predecessors in title who, it is claimed, were at all…”
Adair Holdings v. Johnson, 304 Neb. 720 (Neb. 2020).
“17 §§ 77-1832 and 77-1833. - 728 - Nebraska Supreme Court Advance Sheets 304 Nebraska Reports ADAIR HOLDINGS v.”
Kuska v. Kubat, 22 N.W.2d 484 (Neb. 1946).
· cites it 4× “We call attention to the fact that at this time the constitutional provision requiring personal service of notice to redeem upon the occupants is the same but the applicable statute, section 77-1832, R. S. 1943, has been changed since the foregoing opinions were written to…”
Vandelay Investments v. Brennan (Neb. Ct. App. 2016).
· cites it 8× “Robert contends he had a meritorious defense because (1) Vandelay’s service of the “Notice of Tax Sale” failed to comply with “Neb. Rev. Stat. § 77-1832,” which according to Robert required personal service, residential service, or service by certified mail; and (2) Vandelay’s…”
Wisner v. Vandelay Investments (Neb. Ct. App. 2017).
· cites it 2× “Neb. Rev. Stat. § 77-1832 (Reissue 2009) provides: Service of the notice provided by section 77-1831 shall be made by certified mail, return receipt requested, upon the person in whose name the title to the real property appears of record to the address where the property tax…”
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