002.01 Actual value Actual value means the market value or fair market value of real property in the ordinary course of trade. It is the most probable price, expressed in terms of money, that a property will bring if exposed for sale in the open market or in an arm's-length transaction between a willing seller and a willing buyer, both of whom are knowledgeable concerning all the uses to which the real property is adapted and for which it is capable of being used. Actual value may be determined using professionally-accepted mass appraisal methods, including, but not limited to, the:
(1) sales comparison approach;002.02 Assessment Assessment means listing the description of all real and personal property, determining its taxability, determining its taxable value, and placing it on the assessment roll.
002.03 Assessment roll Assessment roll means a complete and verified list of all real property in a county and the associated assessments
002.04 City size City size means the population of a city in which a parcel is located.
002.05 Class or subclass of real property Class or subclass of real property means a collection of properties that share one or more common characteristics that affect value and that are not found in other properties outside the class or subclass.
002.05A For agricultural or horticultural land, class or subclass includes, but is not limited to: irrigated cropland; dry cropland; grassland; wasteland; nurseries; feedlots; orchards; location; geographic characteristics; and other market characteristics that are appropriate for the assessment of the class or subclass of agricultural or horticultural land.002.05A(1) In the case of agricultural or horticultural land subject to special valuation, class or subclass includes, but is not limited to: irrigated cropland; dry cropland; grassland; wasteland; nurseries; feedlots; orchards; location; geographic characteristics; and other market characteristics that are appropriate for the valuation of a class or subclass of agricultural or horticultural land at 75% of its special value as if the land were available only for agricultural or horticultural purposes, or uses without regard to any other purpose, or use that could be applied to the land. 002.05B For all other real property, class or subclass includes, but is not limited to, improvement status; parcel type; zoning; location; city size; parcel size; geographic characteristics; or market characteristics that are appropriate for the valuation of a class or subclass of real property. For the purposes of this regulation, market characteristics means the social and economic factors in the market that affect the value of real property.002.05C Geographic characteristics means the physical characteristics of the earth, land, region, or site that may have an effect on value.002.06 Clerical error Clerical error means transposition of numbers, mathematical error, computer malfunction causing programming and printing errors, data entry error, items of real property other than land identified on the wrong parcel, incorrect ownership, or certification of an incorrect valuation to political subdivisions, pursuant to Neb. Rev. Stat. § 77-128.
002.07 Equalization Equalization means a process by which the valuations of similar or comparable properties are reviewed, to assure that equivalent characteristics receive equivalent consideration and treatment in the assessment process.
002.08 Farm site Farm site means the portion of land contiguous to land actively devoted to agriculture, which includes improvements that are agricultural or horticultural in nature, including any uninhabitable or unimproved farm home site, all of which is contiguous to agricultural or horticultural land. This land will not be classified as agricultural or horticultural land and will not include a home site.
002.09 Home site Home site means a parcel, which is used or intended to be used for residential purposes.
002.09A Farm home site means land contiguous to a farm site which includes an inhabitable residence and improvements used for residential purposes and which is located outside of urban areas or outside a platted and zoned subdivision. This land must not be classified or assessed as agricultural or horticultural land.002.10 Location Location means the physical site of real property by one of the following descriptions:
002.10A Rural means all real property outside of an urban or suburban area. Unincorporated villages and subdivisions outside the legal jurisdiction of an incorporated city or village classified as rural.002.10B Suburban means a parcel located outside of the limits of an incorporated city or village, but within the legal jurisdiction of an incorporated city or village.002.10C Urban means a parcel located within the limits of an incorporated city or village.002.11 Omitted property Omitted property means, for the current tax year, any taxable real property that was not assessed on March 19. Beginning January 1, 2014, the date is March 25 for counties with a population of at least 150,000 inhabitants. Omitted property also means any taxable real property that was not assessed for any prior year. Omitted property does not include exempt property or listing errors of an item of property on the assessment roll.
002.12 Parcel Parcel means a contiguous tract of land under the same ownership and in the same tax district and section. A parcel may include all lots in a block that belong to the same owner and are in the same tax district. Parcel also means an improvement on leased land (IOLL). A parcel cannot contain more than one section.
002.13 Parcel size Parcel size means the size of the parcel in square feet or acres.
002.14 Predominant use Predominant use means the most common, frequent, or prevailing use of the land.
002.15 Property parcel type Property parcel type means the predominant use of the parcel at the time of assessment regardless of the parcel's legal use or zoning.
002.15A Agricultural or horticultural land means a parcel that is primarily used for agricultural or horticultural purposes, excluding any land associated with a building or enclosed structure located on the parcel. Agricultural or horticultural land includes wasteland lying in or adjacent to, and in common ownership or management with, other agricultural and horticultural land.002.15B Agricultural or horticultural purposes means used for the commercial production of any plant or animal product in a raw or unprocessed state that is derived from agriculture, aquaculture, or horticulture. Agricultural or horticultural purposes includes land retained or protected for future agricultural or horticultural purposes under a conservation easement as provided in the state Conservation and Preservation Easement Act (Neb. Rev. Stat. §§ 76-2,111 to 76-2,118) , except when the parcel or a portion thereof of the parcel, is being used for purposes other than agricultural or horticultural. Land enrolled in a federal or state program in which payments are received for removing the land from agricultural or horticultural production shall will be considered as being used for agricultural or horticultural purposes. 002.15B(1) See, Agricultural Land and Horticultural Land Regulations, Chapter 14.002.15B(2) Land encumbered by an easement under the federal Wetlands Reserve Program cannot be used for agricultural or horticultural purposes, cannot be characterized as agricultural or horticultural land, and must be valued at its actual value. 002.15C Centrally assessed means operating real property valued by the Property Tax Administrator. See, Property Valued by the State Regulations, Chapter 30.002.15D Commercial means all parcels predominantly used or intended to be used for commerce, trade, or business.002.15E Exempt means real property that receives a property tax exemption pursuant to Neb. Rev. Stat. § 77-202. See, Property Tax Exemption Regulations, Chapter 40.002.15F Nebraska Game and Parks Commission (Commission) payments in lieu of tax means the annual payment made in place of, or as a substitute for, a property tax for land acquired by the Commission for wildlife management purposes. The payments are for the same amount that the real property taxes would have been if the land was privately owned based upon the land use at the time of acquisition by the Commission. See, In Lieu of Tax Regulations, Chapter 41.002.15G Industrial means all parcels predominantly used or intended to be used to process or manufacture goods or materials.002.15H For mineral interests and mobile homes, See, Regulations 10-002.18E and 10-002.18F respectively.002.15I Multi-family means dwellings predominantly used for occupancy by more than two families.002.15J Recreational means all parcels predominantly used or intended to be used for diversion, entertainment, and relaxation on an occasional basis. Some of these uses are fishing, hunting, camping, boating, hiking, picnicking, or having an access or view that simply allows diversion, entertainment, and relaxation.002.15K Single family residential means all parcels predominantly used or intended to be used as a dwelling place or abode whether occupied by the owner, tenant, or lessee; and where occupancy is usually year-round, as opposed to a transitory occupancy.002.16 Property record card Property record card shall means a master record located at the beginning of the property record file and serves as a reference to and inventory of all portions of the property record file. It must contain a summary of the general data relevant to the parcel it represents. This may be in the form of an electronic file that can be printed on demand.
002.17 Property record file Property record file means a file that contains the property record card, worksheets, supplemental data, and transfer information. All portions of the property record file are interrelated through codes and references, which are recorded on a property record card. This may be in the form of an electronic file that can be printed on demand.
002.18 Real property Real property means all land, buildings, fixtures other than trade fixtures, improvements, certain mobile homes, cabin trailers and similar property, mineral interests, and all privileges pertaining to real property.
002.018A Building means an improvement to real property enclosing a space within its walls and usually, but not necessarily, covered by a roof and designed for habitation, shelter, storage, business, trade, or manufacture.002.018B Fixtures (other than trade fixtures) means any item of property that is: 002.018B(1) Annexed or physically attached to or incorporated into the real property;002.018B(2) Appropriated to the use of the real property to which it is annexed. If the property is a necessary or useful addition to the real property to which it is annexed, then it has been appropriated to the use or purpose of the real property; and002.018B(3) Intended to be annexed to the real property. Intention is inferred from the nature and extent of the annexation and appropriation, unless the owner of the real property provides documentation that the intention is otherwise. 002.018C Examples of fixtures are items which are common to the maintenance and operation of a building such as central air conditioning, heating system, common lighting, and plumbing. All of these examples add to the value of a building or appreciably prolong the useful life of the building and considered a real property.002.018D Improvement means any addition made to real property, amounting to more than a repairs, such as sidewalks, streets, sewers, or utilities.002.018E Mineral interest means the ownership of mines, minerals, quarries, mineral springs and wells, oil and gas wells, overriding royalty interests, and production payments with respect to oil and gas leases. A mineral interest includes the executor's rights to sell or lease the property, to receive bonus payments and delay rentals, and to participate in the production through royalty payments. See, Mineral Interests Regulation, Chapter 13.002.018F Mobile home, cabin trailer, and similar property means every portable or relocatable device of any description without motive power, which is used, or designed to be used for residential, office, commercial, agricultural, or other similar purposes. Mobile homes, cabin trailers, and similar property that are unoccupied and held for sale at the location of the business, by persons engaged in the business of selling this type of property, are not included.002.018G Privileges pertaining to real property means the right to sell, lease, use, give away, or enter, and the right to refuse to do any of these. All rights may or may not be vested in one owner or interest holder.002.19 Special valuation Special valuation means the actual value of the land if the land were available only for agricultural or horticultural purposes or uses, without regard to any other purpose or use for which the land may be used.
002.20 Special valuation assessment Special valuation assessment means 75% of the special valuation.
002.21 Status Status means improved, unimproved, or improvements on leased land.
002.21A Improved land means land upon which buildings or structures are located.002.21B Improvements on leased land (IOLL) means any item of real property which is located on land owned by a person other than the owner of the item.002.21C Unimproved land means land without buildings or structures.002.22 Structure Structure means anything constructed or erected, requiring permanent attachment to real property or attached to something permanently affixed to real property.
002.23 Taxable value and assessed value Taxable value and assessed value, mean the values set on real property by a government as a basis for levying taxes. Taxable value and assessed value have the same meaning and can be used interchangeably.
002.24 Trade fixture Trade fixture means an item of machinery or equipment, used in commercial, manufacturing, or processing activities. The degree of attachment does not influence the classification of the machinery or equipment as real property. Trade fixtures are items of personal property which are placed upon or affixed to real property for the sole purpose of carrying on a trade or business.
002.25 Undervalued and overvalued property Undervalued and overvalued property means any taxable property that is assessed by the county assessor, but has a taxable value lower or higher than other taxable property with which it is required to be equalized.
002.26 Valuation Valuation means the act or process of estimating actual value of real property, pursuant to Assessment Process Regulations, Chapter 50.
002.27 Zoning Zoning means the public regulation and enforcement of the use of land by a county or incorporated city. An incorporated city is granted legal zoning jurisdiction for a specific area outside of the city limits based on the class of the city. The class of city and the area of jurisdiction are as follows:
002.27A Metropolitan class (population 300,000 or more) - three miles;002.27B Primary class (population 100,001 - 299,999) - three miles;002.27C First class (population 5,001 - 100,000) - two miles;002.27D Second class (population 801 - 5000) - one mile;002.27E Village (population 100 - 800) - one mile.350 Neb. Admin. Code, ch. 10, § 002