2017 Nebraska Revised Statutes
Chapter 76 - REAL PROPERTY
76-2,102 Reverter or rights of entry; limitation.
76-2,102. Reverter or rights of entry; limitation.
Neither possibilities of reverter nor rights of entry or reentry for breach of condition subsequent, whether heretofore or hereafter created, where the condition has not been broken shall be valid for a longer period than thirty years from the date of the creation of the condition or possibility of reverter. If such a possibility of reverter or right of entry or reentry is created to endure for a longer period than thirty years, it shall be valid for thirty years.
Source
- Laws 1959, c. 350, ยง 4, p. 1237.
Annotations
Under the facts in this case, this section did not violate the due process or the contract clause of the United States or the Nebraska Constitution or the eminent domain provisions of the latter Constitution, and is not void. Hiddleston v. Nebraska Jewish Education Soc., 186 Neb. 786, 186 N.W.2d 904 (1971).
This section does not purport to create a new estate nor to expand the existing law on the subject. Cast v. National Bank of Commerce T. & S. Assn., 186 Neb. 385, 183 N.W.2d 485 (1971).
In Nebraska a reverter clause in a conveyance establishing a defeasible fee is enforceable if it is not otherwise invalid as an unreasonable restraint on alienation. Falls City v. Missouri Pacific R.R. Co., 453 F.2d 771 (8th Cir. 1972).
