12-702 Abandonment; presumption; rebuttal by notice; sale authorized; proceeds; disposition. - Nebraska Statutes

12-702. Abandonment; presumption; rebuttal by notice; sale authorized; proceeds; disposition.If within one year from the time of serving or publishing the notice referred to in section 12-701, the record owner or his heirs or near relatives shall give the reversionary owner, referred to in subsection (1) of such section, notice in writing that in fact there has been no such abandonment and shall pay the cost of service or publication of the notice of abandonment, then a presumption of abandonment shall no longer exist. In case abandonment has been complete as hereinbefore provided, the reversionary owner of the abandoned lot, part of lot, lots, or parts of lots may sell the same and convey title thereto. Any funds realized from the sale of such lot, part of lot, lots, or parts of lots shall constitute a fund to be used solely for the care and upkeep of the used portion of such lot, part of lot, lots, or parts of lots and for the general maintenance of such cemetery. SourceLaws 1935, c. 26, § 2, p. 121; C.S.Supp.,1941, § 13-702; R.S.1943, § 12-702; Laws 1953, c. 18, § 2, p. 86; Laws 1963, c. 39, § 3, p. 212.