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§ 25-1529.Sale of land; notice; publication; effect of failure to publish.

Article 15: Execution, Exemptions, and Foreign Judgments · Last amended 1971 · Last verified July 22, 2026

In one sentenceThis section bars any sale of land taken in execution until the officer publishes notice weekly for four weeks in a newspaper and posts notice on the courthouse door plus five other public places, and voids on motion any sale made without that combined notice.

Full Text of § 25-1529

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Lands and tenements taken in execution shall not be sold until the officer causes public notice of the time and place of sale to be given. The notice shall be given by publication once each week for four successive weeks in some newspaper printed in the county, or, in case no newspaper be printed in the county, in some newspaper in general circulation therein, and by posting a notice on the courthouse door, and in five other public places in the county, two of which shall be in the precinct where such lands and tenements lie. All sales made without such notice shall be set aside on motion, by the court to which the execution is returnable.

Source

R.S.1867, Code § 497, p. 478; R.S.1913, § 8075; C.S.1922, § 9011; C.S.1929, § 20-1529; R.S.1943, § 25-1529; Laws 1971, LB 47, § 4.

Plain-English Summary

Land sales carry a stricter notice requirement than sales of goods and chattels. Section 25-1529 says lands and tenements taken in execution cannot be sold until the officer gives public notice of the time and place of sale by publication once a week for four straight weeks in a newspaper printed in the county — or, if none is printed there, in a newspaper of general circulation in the county.

Publication alone is not enough for land. The officer must also post a notice on the courthouse door and in five other public places in the county, two of which must be in the precinct where the land lies. That combination — newspaper publication and courthouse-plus-five-places posting — differs from the goods-and-chattels notice in section 25-1525, which allows posting only as a substitute when no county newspaper exists.

The consequence for skipping any part of this notice is severe: any sale made without it is set aside on motion, by the court to which the execution is returnable. A defect in the required notice is not a technicality a purchaser or execution creditor can brush past.

Frequently Asked Questions

Does a land sale require both newspaper publication and posted notices?

Yes. Unlike the notice for goods and chattels, land sale notice requires publication for four successive weeks and posting on the courthouse door plus five other public places, two of them in the precinct where the land lies.

What if the county has no newspaper printed in it?

The officer publishes in a newspaper of general circulation in the county instead, and still posts the notice on the courthouse door and in five other public places.

What happens if a sheriff sells land without giving proper notice?

The sale is set aside on motion, by the court to which the execution is returnable.

How many of the posted notices have to be in the precinct where the land is located?

Two of the five public-place postings, in addition to the notice on the courthouse door.

Is this notice requirement different from the one for selling goods and chattels?

Yes. Section 25-1525 allows posting as an alternative to newspaper publication only when no county newspaper exists; section 25-1529 requires both publication and posting for land regardless.

Source & verification. Section text and the amendment-history citation are reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the Nebraska Legislature. Last verified July 22, 2026. · Official source
Also known as: nebraska land execution sale noticecourthouse door posting requirementfour week publication land salesale set aside no notice nebraskasheriff sale land notice requirements