Nebraska State Fire Marshal

Condemnations

Nebraska’s condemnation statutes provide two options for condemning dilapidated and/or unsafe property. State Statute 18-1722 gives cities with building code or nuisance ordinances the power to repair or remove a building or structure that is unsafe once an owner is notified and fails to take action. The cost of the repairs or demolition is then assessed against the real estate in the form of a lien. The city attorney would, in most cases, handle this type of condemnation. Should any questions or concerns arise, the State Fire Marshal legal counsel is available to discuss any problems or questions with city officials. In situations in which the city is interested in condemning and solving an unsafe or unsightly problem within their own jurisdiction, using their authority under §18-1722 is the simplest and fastest method available.

The second option is to initiate condemnation proceedings under §§ 81-513 to 81-520. This process involves cooperation between the State Fire Marshal and the appropriate County Attorney. State Statue 81-515 provides that an order from the State Fire Marshal’s office to repair or demolish shall be filed with the county district court and from that point on, enforcement of the order is the responsibility of the County Attorney. If necessary, State Fire Marshal legal counsel may discuss the situation with the appropriate County Attorney and attempt to resolve any problems.

Orders from this office to repair or demolish under §§ 81-513 to 81-520 should include a reasonable amount of time in which to comply with the required repairs or changes. In some cases, an order may direct the structure be closed until repairs are made in order to protect life or property. In extreme cases, a property may be condemned without time to repair. In this case, the order should be given directly to the County Attorney to be served upon the owner. The condemnation order must be in good legal form and must recite the grounds for the condemnation.

The following flow charts may help to understand the processes:

Page last updated March 31, 2006



MENU	Condemnations Nebraska’s condemnation statutes provide two options for condemning dilapidated and/or unsafe property. State Statute 18-1722 gives cities with building code or nuisance ordinances the power to repair or remove a building or structure that is unsafe once an owner is notified and fails to take action. The cost of the repairs or demolition is then assessed against the real estate in the form of a lien. The city attorney would, in most cases, handle this type of condemnation. Should any questions or concerns arise, the State Fire Marshal legal counsel is available to discuss any problems or questions with city officials. In situations in which the city is interested in condemning and solving an unsafe or unsightly problem within their own jurisdiction, using their authority under §18-1722 is the simplest and fastest method available. The second option is to initiate condemnation proceedings under §§ 81-513 to 81-520. This process involves cooperation between the State Fire Marshal and the appropriate County Attorney. State Statue 81-515 provides that an order from the State Fire Marshal’s office to repair or demolish shall be filed with the county district court and from that point on, enforcement of the order is the responsibility of the County Attorney. If necessary, State Fire Marshal legal counsel may discuss the situation with the appropriate County Attorney and attempt to resolve any problems. Orders from this office to repair or demolish under §§ 81-513 to 81-520 should include a reasonable amount of time in which to comply with the required repairs or changes. In some cases, an order may direct the structure be closed until repairs are made in order to protect life or property. In extreme cases, a property may be condemned without time to repair. In this case, the order should be given directly to the County Attorney to be served upon the owner. The condemnation order must be in good legal form and must recite the grounds for the condemnation. The following flow charts may help to understand the processes: Condemnation Options City Condemnations SFM Condemnation for Demolition SFM Condemnation for Repairs Page last updated March 31, 2006
246 South 14th Street; Lincoln, NE 68508-1804; Phone: (402) 471-2027; Fax: (402) 471-3118