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01/23/2018
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01/23/2018
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In Iota Benefit Assn. v. Cty. of Douglas, 165 Neb. 330 (1957), the Court found that property used by <br /> members of a university fraternity as a home while attending school was not used exclusively for either <br /> a charitable or educational purpose. <br /> In Lariat Boys Ranch v. Logan Cty. Bd. of Equal., 181 Neb. 198 (1966), the Court found that a ranch <br /> home for indigent and wayward boys was used for educational and charitable purposes. <br /> N+wR►rt�++.+�+x�.-+. ?`5 56 t, fit:. e .�Y�`•.. <br /> In Bethesda Foundation v. Buffalo Cty. Bd. of Equal., 263 Neb. 454 (2002), the Nebraska Supreme <br /> Court found that an assisted-living facility is charitable. <br /> In Bethphage Community Services, Inc. v. Cty. Bd. of Phelps Cty., 221 Neb. 886 (1986), the Nebraska <br /> Supreme Court found that housing for the developmentally disabled is educational. <br /> Like I said, generally low-income housing is not going to be exempt. However, if there is something more <br /> about the persons that are being served —indigent and wayward boys, assisted living, developmentally <br /> disabled—then an exemption might be warranted." <br /> For the other questions, it is possible to check with the Nebraska Secretary of State on the status of any <br /> corporation (https://www.nebraska.gov/sos/corp/). I looked up CENTRAL NEBRASKA COMMUNITY ACTION <br /> PARTNERSHIP, INC. (CNCAP) and it is an active non-profit corp. since Sep 14, 1965. <br /> Neb. Rev. Stat. § 77-202 (d) talks about "property owned by educational, religious, charitable, or cemetery <br /> organizations, or any organization for the exclusive benefit of any such educational, religious, charitable, or <br /> cemetery organization, and used exclusively for educational, religious, charitable, or cemetery purposes..." It <br /> would be helpful to ask the CNCAP for documents on their relationship with Central Nebraska Community <br /> Services Inc. (CNCS) or CNCS for their incorporation documents and relationship with CNCAP to establish <br /> ownership of the property by CNCAP. It is possible that CNCAP may establish its ownership through such <br /> documents, however typically the property should be in the name of the organization applying for the <br /> exemption. <br /> For the 10 day notices, there are a couple different ones. The one for the county assessor you are referring to <br /> is in Req. 40-006.06A, which is one notice for all applications. The county board has to give their own 10 day <br /> notice to each applicant as noted in Req. 40-006.07. These are different from the requirement of printing the <br /> list of exempt organizations by the county board, which is stated in Req. 40-009. <br /> Please let me know if you have additional questions. I've replied-all for Jon, Elaine, and Jim to include anything <br /> else as needed too. <br /> Warm regards, <br /> Mihdi <br /> Mihdi Vahedi <br /> Attorney, Property Assessment Division <br /> 2 <br />
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