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LB 21

Adopt the Uniform Unlawful Restrictions in Land Records Act

109th Legislature (2025-2026) Introduced by John Cavanaugh and 1 co-sponsor

Nebraska adopts the Uniform Unlawful Restrictions in Land Records Act to remove discriminatory covenants from title records via owner or HOA amendments, preserving history.

Approved by Governor on March 11, 2025
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Bill Summary · LB 21

Summary — LB 21 (2025)

Adopt the Uniform Unlawful Restrictions in Land Records Act
Approved by Governor March 11, 2025

Purpose / Intent

LB 21 adopts the Uniform Unlawful Restrictions in Land Records Act (approved by the Uniform Law Commission in July 2023) to provide a clear, uniform process for removing unlawful and unenforceable restrictions (most commonly racially restrictive covenants) from land records while preserving the historical record. The law makes it easier for property owners and homeowner associations to eliminate discriminatory language that purports to restrict transfer, use, or occupancy of property on protected grounds.

Key provisions (by section)

  • Section 1: Short title — Uniform Unlawful Restrictions in Land Records Act (Secs. 1–9).
  • Section 2: Definitions — defines “unlawful restriction” (e.g., restrictions based on race, color, religion, national origin, sex, familial status, disability, etc., that violate state or federal law), “amendment,” “governing instrument,” “recorder,” “owner,” and related terms.
  • Section 3: Owner remedy — an owner with property subject to an unlawful restriction may record an amendment removing that restriction, but only for the owner’s own property. Owner amendments are not effective if the property is governed by a governing instrument covered in Sec. 4.
  • Section 4: Association remedy — the governing body of an association identified in a governing instrument (e.g., homeowners association) may amend the governing instrument to remove unlawful restrictions without a member vote. A member may request review; the governing body must (1) determine in good faith within 90 days whether the restriction exists and (2) if so, amend within 90 days after that determination.
  • Section 5: Amendment contents and recording — amendments must identify the owner, property, and original document and include a conspicuous statement that the amendment removes an unlawful restriction and does not affect lawful restrictions. Amendments must be executed/acknowledged per recording requirements and recorded in every county where the original document is recorded. An amendment or future conveyance is not treated as republication of a restriction that would otherwise expire.
  • Section 6: Model form — statutory example form for owner amendments is provided.
  • Section 7: Recorder duties and liability — recorders must record amendments, index them, and cross-reference to the original document; recorders and their jurisdictions have immunity for recording such amendments.
  • Section 8: Construction — courts should promote uniformity with other jurisdictions that adopt the Act.
  • Section 9: E‑Sign / federal law — the Act modifies or supersedes portions of the Electronic Signatures in Global and National Commerce Act (E‑SIGN) but does not alter 15 U.S.C. §7001(c) or permit electronic delivery of certain statutory notices (15 U.S.C. §7003(b)).

Who is affected

  • Property owners seeking to remove unlawful restrictions from title records (owner-filed amendments apply only to the owner’s property).
  • Homeowner and similar associations (governing bodies may remove unlawful restrictions from governing instruments for all affected lots).
  • County recorders (new ministerial recording and indexing duties; statutory immunity provided).
  • Title companies, lenders, and prospective purchasers benefit from clarified records and reduced ambiguity about discriminatory covenants.
  • Communities affected by historic discriminatory covenants.

Practical effects and limitations

  • The law provides a straightforward recording mechanism to purge unlawful restrictions from land records while preserving historical documentation.
  • Owner-recorded amendments do not affect lawful covenants and do not apply when a governing instrument governs the property (association procedures control).
  • The Act is procedural — it facilitates removal from records; it does not itself adjudicate broader legal claims beyond defining and removing unlawful restrictions in recorded documents.

Legislative actions / status

  • Introduced January 9, 2025 by Sen. John Cavanaugh (cosponsor: Conrad). Referred to Banking, Commerce and Insurance Committee; advanced from committee (Jan. 27, 2025).
  • Passed final reading 47–0–2 (March 6, 2025). Presented to and approved by Governor March 11, 2025 (law effective as enacted).

This statute standardizes and streamlines the removal of discriminatory and otherwise unlawful restrictions from recorded land instruments across Nebraska, in line with the Uniform Law Commission model.

Compiled from official sources — confirm details with the bill’s official record.

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