12-1212. Civil action; statute of limitation; recovery; attorney's fees.
(1) Any person, Indian tribe, or Indian tribal member shall have a civil cause of action against any person alleged to have intentionally violated the Unmarked Human Burial Sites and Skeletal Remains Protection Act or section 28-1301. The action shall be brought within two years of discovery by the plaintiff of the alleged violation or within two years of August 25, 1989, whichever is later. The action shall be filed either in the district court of the county in which the unmarked human burial, human skeletal remains, or burial goods are located or in which the defendant resides.
(2) If the plaintiff prevails in an action brought pursuant to this section:
(a) The court may award reasonable attorney's fees to the plaintiff and may grant injunctive or other appropriate relief, including forfeiture of any human skeletal remains or burial goods acquired as a result of or equipment used in the violation. The court shall order the disposition of any items forfeited, including the reinterment of any human skeletal remains or burial goods pursuant to the act; and
(b) The plaintiff may recover actual damages for each violation.
(3) If the defendant prevails in an action brought pursuant to this section, the court may award reasonable attorney's fees to the defendant.
Source
Structure Nebraska Revised Statutes
12-101.01 - Trustee; potential conflict of interest; actions required.
12-102 - Portion under joint control of trustees and Department of Health and Human Services.
12-103 - Rules and regulations; revenue; investment; treasurer; bond.
12-104 - Soldiers burial grounds; selection; acquisition; use.
12-105 - Soldiers burial grounds; joint control.
12-201 - Condemnation; conditions; procedure.
12-301 - Endowments authorized.
12-302 - Endowments; exemption from taxation and certain claims.
12-401 - Cemetery board; members; appointment; terms; vacancies.
12-402 - Cemetery fund; disbursement; tax levy; limit; collection; perpetual fund; use authorized.
12-403 - Cemetery board; officers; employees.
12-501 - Formation; trustees; election; notice; clerk; right to establish cemetery limited.
12-503 - Trustees; perpetual succession; general powers; service of process.
12-505 - Lots; resale or reclamation; conditions; notice; requirements.
12-507 - Debts; power to contract; limitations.
12-508 - Lots; receptacles; sale; power to regulate.
12-512.01 - Perpetual care trust fund; trustees; duties.
12-512.02 - Perpetual care trust fund; proceeds; investment.
12-512.03 - Perpetual care trust fund; trustees; qualifications; appointment; bond.
12-512.04 - Perpetual care trust fund; audit; exception; filing; expense.
12-512.05 - Perpetual care and maintenance guarantee fund; establish; amount required.
12-512.06 - Perpetual care trust fund; withdrawal; when authorized; amount.
12-512.07 - Perpetual care trust fund; violations; penalty.
12-512.08 - Perpetual care trust fund; violations; separate offenses; what constitutes.
12-515 - Real estate; acquisition by condemnation; lands subject.
12-516 - Trustees; bond; terms; approval; filing; fee; cost paid by association.
12-517 - Lots; use; exemption from taxation and other claims.
12-518 - Lots; plat; care, improvement, adornment; annual exhibit; powers and duties of association.
12-520 - Grounds; sale on execution; taxation; partition; exemption.
12-521 - Grounds; abandonment; sale; disposition; procedure; petition; contents; requirements.
12-522 - Grounds; abandonment; sale; notice of petition; contents; form.
12-523 - Grounds; abandonment; sale; objections; reply.
12-524 - Grounds; abandonment; sale; time for hearing.
12-525 - Grounds; abandonment; sale; hearing; finding; decree.
12-526 - Grounds; abandonment; sale; confirmation of sale.
12-527 - Grounds; abandonment; sale; costs and expenses.
12-528 - Grounds; abandonment; sale; appeal.
12-529 - Grounds; abandonment; sale; scope and application of law.
12-530 - Transfer of cemetery to city or village; powers and duties; effect.
12-601 - Formation; trustees; election; notice; terms; officers.
12-603 - Powers; rights; laws governing.
12-605 - Lots, receptacles; sale; limitation; exempt from taxation and other claims.
12-606 - Construction; location.
12-613 - Trust fund for perpetual care.
12-614 - Sale of crypts or niches; amount set aside for maintenance.
12-615 - Trustees of perpetual care trust fund; appointment; bond.
12-616 - Trustees of perpetual care trust fund; authority to receive gifts; investment of funds.
12-618 - Violations; cumulative offenses.
12-701 - Abandonment; failure to maintain; presumption; reversion; notice; service.
12-702 - Abandonment; presumption; rebuttal by notice; sale authorized; proceeds; disposition.
12-802 - Notice; contents; how served.
12-804 - Sections, how construed.
12-805 - Abandoned or neglected cemeteries; care and maintenance.
12-806 - Abandoned or neglected cemeteries; care; item in county budget.
12-807 - Abandoned or neglected pioneer cemeteries; preservation.
12-808 - Abandoned or neglected pioneer cemetery, defined.
12-808.01 - Abandoned and neglected pioneer cemeteries; access; when.
12-809 - Abandoned and neglected pioneer cemeteries; maintenance.
12-810 - Abandoned or neglected pioneer cemeteries; mowing; historical and directional markers.
12-812 - Abandoned or neglected pioneer cemetery; county transfer management; conditions.
12-909 - Organization; territory.
12-910 - Petition; filing; contents.
12-911 - County board; examine petition; hearing; notice.
12-912 - Completion of organization; meeting; notice.
12-913 - Board of trustees; officers; election; terms; compensation.
12-914 - Budget; adoption; certification of tax; levy; collection; use.
12-916 - Warrants; amount authorized; rate of interest.
12-917 - Area; addition; withdrawal; procedure.
12-918 - Area withdrawn; outstanding obligations; assessment.
12-919 - Area withdrawn; obligations incurred after withdrawal; not subject to assessment.
12-920 - Powers; duties; liabilities.
12-921 - Organization under unconstitutional law; reorganization; procedure.
12-922 - Dissolution; procedure.
12-923 - Property; acquisition; tax; excess funds.
12-1001 - Power to borrow money; issuance of bonds.
12-1002 - Bonds; term; interest rate; notice of election.
12-1003 - Bond election; petition; percentage of voters required.
12-1004 - Extension of water supply to cemetery.
12-1103 - Pre-need sale; proceeds; trust requirements.
12-1104 - Proceeds of sale; trust requirements; exclusions.
12-1105 - Pre-need seller; records required.
12-1106 - Pre-need purchaser; designate irrevocable funds.
12-1107 - Trustees; acceptance of funds; conditions; powers.
12-1108 - Pre-need seller; license required; application; requirements; fee; renewal; records.
12-1109 - Rules and regulations.
12-1110 - Pre-need seller; report; requirements; fee.
12-1111 - Contracts; requirements; provisions.
12-1112 - Act; when applicable.
12-1113 - Trust funds; distributions; conditions; accumulation.
12-1114 - Pre-need seller; trust funds; retain cost-of-living amount.
12-1115 - Pre-need sales agent; license required; fee; failure to surrender license; penalty.
12-1116 - Licenses; disciplinary actions; grounds; notice; administrative fine.
12-1117 - Licenses; surrender; effect; reinstatement.
12-1118 - Violations; penalty.
12-1119 - Violations; action to enjoin.
12-1120 - Pre-need seller; failure to perform obligations; director; powers.
12-1202 - Legislative findings and declarations.
12-1205 - Person discovering remains or goods; duties; violation; penalty.
12-1206 - Discovery of remains or goods; law enforcement officer; notice.
12-1207 - Discovery of remains or goods; county attorney; duties.
12-1208 - Discovery of remains or goods; society; duties.
12-1209 - Entity possessing or controlling remains or goods on August 25, 1989; duties.
12-1210 - Entity possessing or controlling remains or goods; request for return; duties.
12-1211 - Dispute; resolution; procedure.
12-1212 - Civil action; statute of limitation; recovery; attorney's fees.
12-1401 - Statewide Cemetery Registry; established and maintained.