76-310. Failure of better title holder to make election; right of occupant.

The occupant or claimant shall in no case be evicted from possession, or deprived of his right in the premises, except as provided in sections 76-308 and 76-309, and in case the successful claimant shall neglect to elect to take said real estate with improvements, or to convey the same to the occupant or claimant, within such time as the court shall direct, then decree shall be entered in favor of the occupant or claimant upon his payment into court the value of the real estate without improvements. Such decree shall have the effect to transfer and convey to such occupant or claimant the title and rights of the successful claimant.

Source:Laws 1883, c. 59, § 10, p. 254; R.S.1913, § 6264; C.S.1922, § 5674; C.S.1929, § 76-310; R.S.1943, § 76-310.

Annotations

When party is in possession and can recover value of improvements under Occupying Claimants Act, he cannot recover value thereof in action for damages. Webb v. Wheeler, 80 Neb. 438, 114 N.W. 636 (1908).

Occupant cannot be dispossessed until he has been compensated for value of improvements. Troxell v. Stevens, 57 Neb. 329, 77 N.W. 781 (1899).