ONE HUNDRED NINTH LEGISLATURE - FIRST SESSION - 2025
COMMITTEE STATEMENT
LB21
Hearing Date: Monday January 27, 2025
Committee On: Banking, Commerce and Insurance
Introducer: Cavanaugh, J.
One Liner: Adopt the Uniform Unlawful Restrictions in Land Records Act
Roll Call Vote - Final Committee Action:
Advanced to General File
Vote Results:
Aye: 8 Senators Bostar, Dungan, Hallstrom, Hardin, Jacobson, Riepe,
Wordekemper, von Gillern
Nay:
Absent:
Present Not Voting:
Testimony:
Proponents: Representing:
Senator John Cavanaugh, J. Opening Presenter
Larry Ruth NE Uniform Law Commission
Jane Sternecky Uniform Law Commission
Joy Kathurima ACLU of Nebraska
Opponents: Representing:
Neutral: Representing:
* ADA Accommodation Written Testimony
Summary of purpose and/or changes:
LB 21 would create the Uniform Unlawful Restrictions in Land Records Act (“Act”), a set of laws which would create a
process by which land owners could remove unlawful restrictions from their land records. The Act would also create a
process by which a “governing body of an association of owners identified in a governing instrument” (e.g.,
homeowner associations) could remove unlawful restrictions from their governing documents.
Section-by-Section Summary:
Section 1: Lists the sections that would make up the Act if LB 21 were made law.
Section 2: Provides definitions for eleven (11) terms that are used throughout the Act.
Section 3: States that an owner of real property subject to an unlawful restriction may submit to the recorder for
Committee Statement: LB21
Banking, Commerce and Insurance Committee
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Section 4: Creates a means by which homeowner associations and similar organizations may remove unlawful
restrictions from their governing documents.
Section 5: Provides for what the amendment documentation must and may contain. Also provides for how the
documentation must be executed and recorded. Finally, states what the effect of the documentation will be in certain
situations.
Section 6: Provides an example of what the amendment documentation may include in order to be compliant with the
Act.
Section 7: States the duties of a recorder when receiving an amendment document, and limits their liability.
Section 8: Provides for how courts should apply and construe the Act.
Section 9: States that the Act does modify, limit, and supersede the Electronic Signatures in Global and National
Commerce Act, 15 U.S.C. 7001 et seq., but does not modify, limit, or supersede 15 U.S.C. 7001(c), or authorize
electronic delivery of any of the notices described in 15 U.S.C. 7003(b).
Mike Jacobson, Chairperson
Committee Statement: LB21
Banking, Commerce and Insurance Committee
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