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NEBRASKA STATUTES AND CODES

77-1724 Collection of taxes, personal; return of property to owner upon payment; sale; notice.

77-1724. Collection of taxes, personal; return of property to owner upon payment; sale; notice.When any goods and chattels have been taken on any distress warrants, they shall be returned to the owner by the officer having distrained them immediately upon payment of the taxes due with interest and costs, but upon such owner's refusal or neglect to make such payment or to give a good and sufficient bond for the delivery of the goods and chattels, the officer distraining shall keep them at the expense of the owner and shall give notice of the time and place of their sale not less than twice prior to the date of the sale in the same manner as provided in section 25-1525 with the first notice given within nine days after the date of the taking. The time of sale shall not be more than twenty days from the date of taking, but the officer may adjourn the sale from time to time not exceeding five days in all. In case of adjournment he or she shall put up a notice thereof at the place of sale. Any surplus remaining above the taxes, charges of keeping the property, and fees for sale shall be returned to the owner, and the county treasurer shall on demand render an account in writing of the sale and charges. SourceLaws 1903, c. 73, § 159, p. 446; R.S.1913, § 6488; C.S.1922, § 6015; C.S.1929, § 77-1920; R.S.1943, § 77-1724; Laws 1990, LB 844, § 1. AnnotationsIf sheriff receives no bid which, in his judgment, is adequate, he may either postpone the sale or make a return and secure an alias distress warrant. Krug v. Hopkins, 132 Neb. 768, 273 N.W. 221 (1937).

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