FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 39-2205 — NE Code / Chapter 39 / Section 39-2205
View Statute 39-2205
Status: in_force

Bonds may be issued under the Nebraska Highway Bond Act only to the extent that the annual aggregate principal and interest requirements, in the calendar year in which such bonds are issued and in each calendar year thereafter until the scheduled maturity of such bonds, on such bonds and on all other bonds theretofore issued and to be outstanding and unpaid upon the issuance of such bonds shall not exceed the amount which is equal to fifty percent of the money deposited in the fund, the State Highway Capital Improvement Fund, or the bond fund, as the case may be, from which such bonds shall be paid during the calendar year preceding the issuance of the bonds proposed to be issued. This section shall not apply to the first issuance of each series of bonds authorized by the Legislature.

If short-term bonds are issued in anticipation of the issuance of long-term refunding bonds and such short-term bonds are secured by insurance or a letter of credit or similar guarantee issued by a financial institution rated by a national rating agency in one of the two highest categories of bond ratings, then, for the purposes of the Nebraska Highway Bond Act, when determining the amount of short-term bonds that may be issued and the amount of taxes, fees, or other money to be deposited in any fund for the payment of bonds issued under the act, the annual aggregate principal and interest payments on the short-term bonds shall be deemed to be such payments thereon, except that the final principal payment shall not be that specified in the short-term bonds but shall be the principal and all interest payments required to reimburse the issuer of the insurance policy or letter of credit or similar guarantee pursuant to the reimbursement agreement between the commission and such issuer.

Laws 1969, c. 309, § 5, p. 1108;

Laws 1988, LB 632, § 3;

Laws 2023, LB727, § 32.
Neb. Rev. Stat. § 20-703 — NE Code / Chapter 20 / Section 20-703
View Statute 20-703
Status: in_force

Notwithstanding any other provision of law, state action shall not:

(1) Substantially burden a person's right to the exercise of religion unless it is demonstrated that applying the burden to that person's exercise of religion in this particular instance is essential to further a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest; or

(2) Restrict a religious organization from operating and engaging in religious services during a state of emergency to a greater extent than the state restricts other organizations or businesses from operating during a state of emergency.

Laws 2024, LB43, § 3.
Neb. Rev. Stat. § 38-2622 — NE Code / Chapter 71 / Section 38-2622
38-2622
Status: in_force

Annual financial payments made under sections 38-2620 to 38-2623 shall be limited to students who participated in or were accepted into the program in the academic year 2010-11 and shall continue for the remaining academic year or years that any such student is enrolled in an accredited school or college of optometry subject to the limitation provided in section 38-2623 .

Laws 1974, LB 911, § 3;

R.S.1943, (2003), § 71-1,136.07;

Laws 2007, LB463, § 895;

Laws 2011, LB334, § 4;

Laws 2011, LB637, § 23.
Neb. Rev. Stat. § 23-311 — NE Code / Chapter 23 / Section 23-311
View Statute 23-311
Status: in_force

It shall be the duty of such board to act promptly upon all such petitions. Upon the filing of the petition with the county clerk, as provided in section 23-310 , the county clerk shall transmit a copy thereof to a competent engineer to be selected by the board, who, together with the board of county commissioners or supervisors, shall, as soon as practicable, inspect the proposed locations. If in the opinion of such board and the engineer such levee, dike, bank protection or current control is necessary or advisable, the board shall cause a survey of the proposed project to be made by such engineer, as herein provided. Such survey shall be primarily for the purpose of aiding the board in determining the necessity or advisability of constructing such project, but shall be a complete survey such as will be required for assessment of its costs. Such survey may extend to other lands than those affected by the proposed project for the purpose of determining the best practical method of protecting an area greater than the originally proposed territory. For the purpose of inspection or surveys the county commissioners, board of supervisors, surveyors, engineers, or their employees may enter upon any lands within the proposed territory, or upon any lands which in their judgment are likely to be affected by the proposed project. The surveyor or engineer shall file his report with the county clerk as soon as possible after being so instructed by the board to make such survey. The report shall include an estimated cost of the work together with a preliminary apportionment of individual assessments.

Laws 1921, c. 269, § 3, p. 894;

C.S.1922, § 1028;

C.S.1929, § 26-722;

R.S.1943, § 23-311.
Neb. Rev. Stat. § 52-1404 — NE Code / Chapter 52 / Section 52-1404
View Statute 52-1404
Status: in_force

If the lender responds with a letter of commitment, the supplier may not obtain a lien for the amount stated in the letter of commitment. If the lender responds with a written refusal to issue a letter of commitment, the rights of the lender and the supplier are not affected by sections 52-1401 to 52-1411 , and any prior perfected lien of the lender under the Uniform Commercial Code shall retain its established priority.

Laws 1987, LB 101, § 4.
Neb. Rev. Stat. § 29-2402 — NE Code / Chapter 29 / Section 29-2402
View Statute 29-2402
Status: in_force

The sheriffs of the several counties of this state, during the time they shall be employed in conveying to the Department of Correctional Services any person sentenced to the custody thereof, shall have the same power and authority to secure him in any jail within the state, and to demand the assistance of any sheriff, jailer or other person within this state, in keeping such prisoner, as if the sheriff were in his own proper county; and all such sheriffs, jailers or other persons so called upon shall be liable, on refusal, to the same penalties as if the sheriff making the demand were in his own county.

G.S.1873, c. 58, § 519, p. 836;

R.S.1913, § 9189;

C.S.1922, § 10196;

C.S.1929, § 29-2402;

R.S.1943, § 29-2402;

Laws 1969, c. 817, § 68, p. 3105.
Neb. Rev. Stat. § 43-4412 — NE Code / Chapter 43 / Section 43-4412
View Statute 43-4412
Status: in_force

For purposes of sections 43-4411 to 43-4416 :

(1) Child welfare system means children and families receiving, and persons providing or effecting:

(a) In-home and out-of-home child welfare case management services;

(b) Physical and behavioral health care;

(c) Youth rehabilitation and treatment center services;

(d) Adoption or guardianship assistance services;

(e) Prevention services;

(f) Post-adoption or post-guardianship related services; and

(g) Public or private education and training services;

(2) Individual with lived experience in the child welfare system means an individual who has previously received services from the child welfare system, currently receives such services, or is at risk of needing such services and who has valuable insight to contribute;

(3) Practice and finance model means an evidence-based or evidence-informed approach to the practice and financing of the child welfare system across the State of Nebraska;

(4) Strategic leadership group means the child welfare strategic leadership group created in section 43-4414 ; and

(5) Work group means the child welfare practice model work group created in section 43-4413 .

Laws 2022, LB1173, § 2.
Neb. Rev. Stat. § 44-5510 — NE Code / Chapter 44 / Section 44-5510
44-5510
Status: in_force

(1) If an applicant for insurance is unable to procure such insurance as he or she deems reasonably necessary to insure a risk or exposure from an admitted insurer, such insurance may be procured from a nonadmitted insurer upon the following terms and conditions:

(a) The insurance shall be procured from a surplus lines licensee;

(b) The insurance procured shall not include any insurance described in subdivisions (1) through (4) of section 44-201 , except that this subdivision shall not prohibit the procurement of disability insurance that has a benefit limit in excess of any benefit limit available from an admitted insurer;

(c) Not later than thirty days after the effective date of such insurance, the insured shall provide, in writing, his or her permission for such insurance to be written in a nonadmitted insurer and his or her acknowledgment that, in the event of the insolvency of such insurer, the policy will not be covered by the Nebraska Property and Liability Insurance Guaranty Association; and

(d) Compliance with section 44-5511 .

(2) A surplus lines licensee seeking to procure or place nonadmitted insurance for an exempt commercial purchaser whose home state is the State of Nebraska shall not be required to make a due diligence search to determine whether the full amount or type of insurance sought by such exempt commercial purchaser can be obtained from admitted insurers if:

(a) The surplus lines licensee procuring or placing the insurance has disclosed to the exempt commercial purchaser that such insurance may or may not be available from the admitted market that may provide greater protection with more regulatory oversight; and

(b) The exempt commercial purchaser has subsequently requested in writing the surplus lines licensee to procure or place such insurance for a nonadmitted insurer.

Laws 1978, LB 836, § 8;

Laws 1989, LB 92, § 35;

R.S.Supp.,1990, § 44-147.02;

Laws 1992, LB 1006, § 10;

Laws 2011, LB70, § 7;

Laws 2012, LB1064, § 1.

Nebraska Property and Liability Insurance Guaranty Association, see section 44-2404 .
Neb. Rev. Stat. § 66-910 — NE Code / Chapter 66 / Section 66-910
View Statute 66-910
Status: in_force

Any property owner may grant a solar agreement or wind agreement in the same manner and with the same effect as a conveyance of any other interest in real property.

Laws 1979, LB 353, § 10;

Laws 1997, LB 140, § 6;

Laws 2012, LB828, § 6.
Neb. Rev. Stat. § 34-115 — NE Code / Chapter 34 / Section 34-115
View Statute 34-115
Status: in_force

Lawful fences of different kinds used for fence to enclose lands shall be as hereinafter defined. (1) A rail fence shall consist of at least six rails, such rails to be secured by stakes at the end of each panel, well set in the ground, with a rider on the stakes. (2) A board fence shall consist of not less than three boards of at least five inches in width and one inch thick; such boards to be well secured to posts; the posts to be not more than eight feet apart. (3) A rail and post fence shall consist of at least three rails, well secured at each end to posts; the posts not to be more than ten feet apart. (4) A pole and post fence shall consist of not less than four poles, to be well secured to posts; the posts not to be more than seven feet apart. (5) A wire fence shall consist of at least four wires, of a size not less than number nine fencing wire, to be well secured to posts, the posts to be at no greater distance than one rod from each other; and there shall be placed between every two of the posts one stake or post to which the wire shall be attached. Any of such wires may be a barbed wire composed of two or more single wire strands twisted into a cable wire with metal barbs thereon averaging not more than five inches apart, each of such single wire strands to be of a size not less than number twelve and one-half gauge fencing wire. (6) A hog and sheep tight fence shall consist of one barb wire at the ground, next above, one section of woven wire twenty-six inches high, consisting of not less than seven strands, the upper and lower strands to be number nine wire, intermediate strands to be number eleven wire with stays not more than twelve inches apart, and at the top, three barb wires at intervals of six, nine, and nine inches; and the whole shall be securely fastened to posts at no greater distance than one rod from each other, and there shall be placed between every two of the posts one stake or post to which the wire shall be attached. (7) All other fences made and constructed of boards, rails, poles, stones, hedge plants, or other material which upon evidence is declared to be as strong and well calculated to protect enclosures and is as effective for resisting breaching stock shall be considered a lawful fence.

Laws 1867 (Ter.), § 1, p. 17;

R.S.1913, § 2492;

Laws 1915, c. 43, § 18, p. 120;

C.S.1922, § 2431;

C.S.1929, § 34-115;

R.S.1943, § 34-115;

Laws 1947, c. 127, § 1, p. 366;

Laws 1999, LB 776, § 3.

This section was not intended to apply to railroads. Chicago, B. & Q. R. R. Co. v. James, 26 Neb. 188, 41 N.W. 992 (1889).

This section was not intended to apply to railroads. Chicago, B. & Q. R. R. Co. v. James, 26 Neb. 188, 41 N.W. 992 (1889).

Lawful wire fence must consist of at least four wires. Baltensperger v. United States, 174 F.Supp. 601 (D. Neb. 1959).

Lawful wire fence must consist of at least four wires. Baltensperger v. United States, 174 F.Supp. 601 (D. Neb. 1959).
Neb. Rev. Stat. § 23-385 — NE Code / Chapter 23 / Section 23-385
View Statute 23-385
Status: in_force

Counties may require the filing with the county clerk by the person, firm, or corporation constructing, installing, operating, or maintaining such community antenna television service of a proper map showing the exact location of all underground cables and equipment, together with a statement showing the exact nature of the same.

Laws 1971, LB 257, § 3.
Neb. Rev. Stat. § 17-902 — NE Code / Chapter 17 / Section 17-902
View Statute 17-902
Status: in_force

Any city of the second class or village is hereby authorized and empowered to enter into a contract with any person or corporation either within or without the corporate limits of such city or village for the furnishing of electricity, power, steam or other product to such city or village or to any electric, power, steam or other system or plant owned and operated by such city or village. Such city of the second class or village is hereby authorized and empowered for the purpose of carrying out the provisions of sections 17-901 to 17-904 , to have a right-of-way for and to maintain transmission lines upon, within and across any of the public highways of this state as is provided by law for persons, firms, associations and corporations engaged in generating and transmitting electric current within this state.

Laws 1919, c. 49, § 1, p. 142;

C.S.1922, § 4317;

C.S.1929, § 17-508;

R.S.1943, § 17-902.
Neb. Rev. Stat. § 2-5111 — NE Code / Chapter 2 / Section 2-5111
View Statute 2-5111
Status: in_force

The department shall adopt and promulgate such rules and regulations as are necessary for the enforcement and administration of the Buffer Strip Act. The rules and regulations shall include, but not be limited to, rules and regulations providing for:

(1) Types of vegetation suitable for buffer strips;

(2) Appropriate width of buffer strips;

(3) Types of surface water appropriate for protection by buffer strips;

(4) Soil types and classifications appropriate for protection by buffer strips;

(5) A sliding scale, based on land value and potential environmental benefit, to determine the amount to be paid as payment under the act for the buffer strip;

(6) An index to rank those applications that meet the technical requirements of the act to determine priority of funding. Such index shall, at a minimum, identify the factors that will be considered in scoring an application and assign a numerical value for each of those factors. In addition to those items listed in subdivisions (1) to (5) of this section, such factors shall also include an evaluation of each application for the water quality benefits from reduced soil erosion and runoff, the on-farm benefits of reduced soil erosion, and the cost per acre of an application. Priority may be given to those applications which create buffer strips at the lowest possible cost, assuming environmental protection benefits are equal in other respects;

(7) The minimum requirements necessary for any contractual agreement entered into between a district and applicant;

(8) A project map of the buffer strip program created by the Buffer Strip Act showing the location of buffer strips in each watershed; and

(9) Any other rule and regulation deemed appropriate for implementation of the Buffer Strip Act.

Laws 1998, LB 1126, § 11.
Neb. Rev. Stat. § 21-1756 — NE Code / Chapter 21 / Section 21-1756
View Statute 21-1756
Status: in_force

All member credit unions may borrow and invest up to an amount specified by the board of directors of the central credit union in accordance with the limitation of section 21-1791 . The central credit union may purchase all or any part of a loan originated by a member credit union to one of its individual members, who does not need to be a member of the central credit union.

Laws 1996, LB 948, § 56.
Neb. Rev. Stat. § 30-2409 — NE Code / Chapter 30 / Section 30-2409
View Statute 30-2409
Status: in_force

No statute of limitations running on a cause of action belonging to a decedent which had not been barred as of the date of his death shall apply to bar a cause of action surviving the decedent's death sooner than four months after death. A cause of action which, but for this section, would have been barred less than four months after death is barred after four months unless tolled.

Laws 1974, LB 354, § 87, UPC § 3-109.
Neb. Rev. Stat. § 2-264 — NE Code / Chapter 2 / Section 2-264
2-264
Status: in_force

With the consent of the county board of the county within which the real estate is located, a county agricultural society may exchange its real estate and improvements for other real estate and improvements or may lease or sell its real estate and improvements and may make, execute, deliver, and accept all proper or necessary conveyances relating to such exchange, lease, sale, or purchase. County board approval is not required for leases having a term of less than ninety days. The right of the county to real estate and improvements as provided in section 2-263 shall extend to real estate, improvements, or proceeds derived from any exchange, sale, or purchase of real estate or improvements acquired with the additional tax levy provided in section 2-259 .

A county agricultural society may purchase real estate and improve the same. The payment of the purchase price may be secured by mortgage or deed of trust.

Laws 1879, § 15, p. 401;

Laws 1905, c. 1, § 1, p. 52;

R.S.1913, § 11;

C.S.1922, § 11;

C.S.1929, § 2-206;

Laws 1931, c. 2, § 1, p. 58;

C.S.Supp.,1941, § 2-206;

R.S.1943, § 2-210;

Laws 1967, c. 3, § 1, p. 71;

R.S.1943, (1991), § 2-210;

Laws 1997, LB 469, § 15;

Laws 2014, LB597, § 2.
Neb. Rev. Stat. § 66-1502 — NE Code / Chapter 66 / Section 66-1502
View Statute 66-1502
Status: in_force

(1) The Legislature restates the declaration of legislative purpose as set forth in section 81-1501 that the public policy of this state is hereby declared to be:

(a) To conserve the water in this state and to protect and improve the quality of water for human consumption, wildlife, fish and other aquatic life, industry, recreation, and other productive, beneficial uses;

(b) To achieve and maintain a reasonable degree of purity of the natural atmosphere of this state that human beings and all other animals and plants which are indigenous to this state will flourish in approximately the same balance as they have in recent history and to adopt and promulgate laws, rules, and regulations and to uniformly enforce the same in such a manner as to give meaningful recognition to the protection of each element of the environment, air, water, and land; and

(c) To cooperate with other states and the federal government to accomplish the objectives set forth in the Environmental Protection Act.

(2) The Legislature finds that the number of leaking petroleum storage tanks throughout the state is increasing and that there exists a serious threat to the health and safety of citizens because petroleum contained in leaking storage tanks is a potential land and ground water contaminant and major fire and explosive hazard. Furthermore, owners of petroleum tanks may not have the ability to assess and clean up any releases from those petroleum tanks.

(3) The Legislature finds and declares that it is in the public interest that a distribution network for petroleum be available to the public in the State of Nebraska. It is essential in this state to encourage owners of petroleum tanks across the state to remain in business to maintain the viability of the distribution network. At the present time, meeting financial responsibility requirements imposed by the federal government has placed a burden on the owners of petroleum tanks that jeopardizes their ability to store and distribute petroleum and to remain a part of the distribution network.

Laws 1989, LB 289, § 2.

Environmental Protection Act, see section 81-1532 .
Neb. Rev. Stat. § 23-320.08 — NE Code / Chapter 23 / Section 23-320.08
View Statute 23-320.08
Status: in_force

In any county or counties of the State of Nebraska in which the United States, or any of its departments or agencies shall be authorized by Congress to construct works for flood control, watershed protection and flood prevention and drainage programs of the State of Nebraska or any of its agencies or in cooperation with the program of natural resources districts or similar public districts the county or counties, if in its or their opinion the construction is necessary for the public welfare, may: (1) Enter into an undertaking, in the name of the county, to hold the United States of America free from any damage to persons or property resulting during the construction or after the completion thereof; (2) contract with the federal government, in the name of the county, that when such work is completed the county will maintain, keep in repair, and operate such works of improvement; (3) furnish all necessary lands, rights-of-way, and easements as provided in section 23-320.10 ; (4) enter into agreements with other county governments on provisions for cooperative programs of resource development; (5) establish watershed boundary lines for taxation purposes so that property within the perimeter of the defined drainage-way will be assessed for the financing of the program for improvement; and (6) appropriate such funds as may be needed to carry out and finance the program as outlined in sections 23-320.08 to 23-320.12 .

Laws 1963, c. 106, § 1, p. 431;

Laws 1977, LB 510, § 5.
Neb. Rev. Stat. § 31-119 — NE Code / Chapter 31 / Section 31-119
View Statute 31-119
Status: in_force

The work shall be done under the supervision of the surveyor or engineer appointed by the county board, and when a part, not less than one-fourth of the portion included in any contract, is completed according to the specifications, he shall give the contractor a certificate thereof, showing the proportional amount which the contractor is entitled to be paid according to the terms of the contract. The county clerk shall, upon presentation of such certificate, draw his warrant upon the treasurer for seventy-five percent of said amount, and the treasurer will pay the same out of any funds in the treasury applicable to such purposes; Provided, no proportional amounts shall be certified or paid unless the whole of such contract exceeds two thousand lineal feet.

Laws 1881, c. 51, § 19, p. 243;

Laws 1911, c. 140, § 19, p. 459;

R.S.1913, § 1736;

C.S.1922, § 1683;

C.S.1929, § 31-119;

R.S.1943, § 31-119.