350 Neb. Admin. Code, ch. 10, § 006

Current through September 17, 2024
Section 350-10-006 - IMPROVEMENTS ON LEASED LAND
006.01 Improvements on leased land or leased public land are real property and must be assessed in the same manner as other real property. The taxes on improvements on leased land must be collected in the same manner as the collection of taxes on other real property.
006.02 Improvements on leased public land must be assessed, together with the value of the lease, to the owner of the improvements as real property. The situs of improvements on leased land must be the same as the land upon which the improvement is located. The Improvements on Leased Public Land Assessment Application, Form 402P, must be filed stating that the specifically described improvements on the leased public land are the property of the lessee. This form must be filed with the county assessor of the county where the land is located on or before March 1 and must be signed by the owner of the improvements. A new Form 402P must be filed following any change in the improvements or ownership.
006.03 Improvements on leased land, other than leased public land, must be assessed to the owner of the leased land unless Form 402, is filed stating that specifically described improvements on the leased land are the property of the lessee. This form must be filed with the county assessor of the county where the land is located by either the owner of the land or the owner of the improvements before March 1. A new Form 402 must be filed and signed by the owner of the improvements following any change in the improvements or ownership.
006.04 When improvements are placed on leased land, and are listed separately to the owner of the improvements, the actual value of the land and improvements must be determined without regard to the fact that the owner of the improvements is not the owner of the land.
006.05 If either the owner of the improvement or the owner of the land claims that the value of his or her interest in the real property is reduced because of the terms of the contract or because of the prospective termination or expiration of the term, he or she must serve notice of this claim in writing by mail on the owner of the land or the owner of the improvement and on the county assessor, together with an affidavit that notice was served on the other party before January 1. If the claim is determined to be valid, the county assessor must apportion the total value of the improvements between the owner of the improvements and the owner of the land. The county assessor must give notice to the parties of the findings by mail on or before June 1.

350 Neb. Admin. Code, ch. 10, § 006