2016 Nebraska Revised Statutes
Chapter 81 - STATE ADMINISTRATIVE DEPARTMENTS
81-519 Buildings; condemnation order; demolition or repair by State Fire Marshal; when authorized; expense; collection.

81-519. Buildings; condemnation order; demolition or repair by State Fire Marshal; when authorized; expense; collection.

If the owner or other party in interest shall fail to comply with the order of condemnation of a structure as hereinbefore provided, within the time fixed thereby, or within the time fixed by the court in case a trial is had therein, then the State Fire Marshal shall proceed to sell such building, structure and contents at public auction, to be demolished or repaired, in accordance with the direction contained in such order. The purchaser shall be required to comply with the directions contained in the order. In the event the State Fire Marshal is unable to sell such building, structure and contents the building, structure and contents shall become the property of the county in which the building exists and it shall be the duty of the county to comply with the directions contained in such order. All expenses incurred by the county in the demolition or repair of such building, structure and contents may be assessed as a special charge against the real estate on which such building or structure is or was situated and the same shall be collected in the same manner as other taxes.

Source

• Laws 1925, c. 183, § 18, p. 486;
• C.S.1929, § 81-5518;
• R.S.1943, § 81-519;
• Laws 1969, c. 795, § 1, p. 3002.

Annotations

• Where constitutionality of statute not raised in original action, it will be presumed valid upon application for writ of assistance. State Fire Marshal v. Village of Dorchester, 189 Neb. 464, 203 N.W.2d 160 (1973).

• Owner of building ordered demolished by State Fire Marshal cannot be compelled to pay one half the cost of restoring party wall of adjoining property owner. First Investment Co. v. State Fire Marshal, 175 Neb. 66, 120 N.W.2d 549 (1963).

• If owner fails to comply with order of district court, State Fire Marshal is authorized to proceed in accordance with the order. In re Application of Iverson, 151 Neb. 802, 39 N.W.2d 797 (1949).