Bill would shield county assessors from trespass charges during inspections after AG guidance
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Summary
LB1019, introduced by Sen. Myron Dorn for NACO, would exempt county assessors from trespass prosecution while performing official inspections but would not permit entry into enclosed structures without owner consent. Supporters warned a 2025 attorney general opinion created legal uncertainty; opponents submitted more comments than proponents in the hearing record.
Senator Myron Dorn introduced LB1019 on behalf of the Nebraska Association of County Officials to authorize county assessors to enter real property in the performance of official duties without exposure to criminal trespass prosecution. Dorn said the bill does not allow assessors to enter enclosed buildings without the express permission of the owner or occupant and was offered in response to a 2025 attorney general opinion that, in Dorn's words, raised the prospect assessors could be prosecuted for trespass.
John Cannon, executive director of the Nebraska Association of County Officials, told the committee the bill mirrors an existing statute that exempts county surveyors from trespass liability while adding explicit property-owner protections (for example, requiring permission to enter enclosed structures). Cannon said aerial alternatives such as drones or flyovers are more expensive and less accurate; he cited a NACO estimate that using aerial survey methods statewide could cost about $4,000,000.
"Without the ability to access properties, assessors cannot evaluate the quality of the property," Cannon said, arguing that accurate physical inspection is required by professionally accepted mass appraisal standards. He told senators the 1977 attorney general opinion historically provided clarity, while the 2025 opinion created uncertainty and pushed counties to seek statutory certainty.
Johnson County Assessor Terry Keebler, representing the Nebraska Association of County Assessors, described routine practice: assessors knock, announce themselves, send postcards or notices to owners and often can correct records after on-site inspections. Keebler said in many cases on-site inspection reveals condition and quality issues not visible from aerial photos.
Committee members asked whether an amendment limiting assessor entry to existing easements would be acceptable; witnesses said the idea had merit but could limit assessors' ability to measure and inspect certain rural or large residential parcels. Senators also questioned drone regulatory requirements and whether assessors would have sovereign immunity; witnesses said drones require FAA certification and they would check on immunity.
The committee did not take a vote; the hearing record listed 14 proponents, 48 opponents and one neutral comment. Senator Dorn said the questions raised about practical implementation and cost would need further work before any committee action.