FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 14-365.03 — NE Code / Chapter 14 / Section 14-365.03
View Statute 14-365.03
Status: in_force

(1) The city council of a city of the metropolitan class may make all necessary rules and regulations governing the use, operation, and control of a sewerage system established under section 14-365.01 . The city council may establish just and equitable rates or charges to be paid to the city for the use of such sewage disposal plant and sewerage system by the owner of the property served or by the person, firm, or corporation using the services.

(2) If any service rate or charge so established is not paid when due, such sum may be:

(a) Recovered by the city in a civil action;

(b) Certified to the city treasurer, assessed against the premises served, and collected or returned in the same manner as other municipal taxes are certified, assessed, collected, and returned; or

(c) Assessed against the premises served in the same manner as special taxes or assessments are assessed by such city and be certified, enforced, collected, and returned as other special taxes or assessments of such city.

Laws 1953, c. 24, § 3, p. 100;

Laws 1959, c. 32, § 4, p. 187;

Laws 1961, c. 30, § 2, p. 147;

Laws 1965, c. 38, § 1, p. 230;

Laws 2022, LB800, § 69.

Sewer use charge is not a special assessment; a city has authority to make necessary rules and regulations including a reasonable processing charge on delinquent accounts. Rutherford v. City of Omaha, 183 Neb. 398, 160 N.W.2d 223 (1968).

Sewer use charge is not a special assessment; a city has authority to make necessary rules and regulations including a reasonable processing charge on delinquent accounts. Rutherford v. City of Omaha, 183 Neb. 398, 160 N.W.2d 223 (1968).

Metropolitan utilities district may establish just and equitable rates for use of sewer system. Metropolitan Utilities Dist. v. City of Omaha, 171 Neb. 609, 107 N.W.2d 397 (1961).

Metropolitan utilities district may establish just and equitable rates for use of sewer system. Metropolitan Utilities Dist. v. City of Omaha, 171 Neb. 609, 107 N.W.2d 397 (1961).
Neb. Rev. Stat. § 16-217 — NE Code / Chapter 16 / Section 16-217
View Statute 16-217
Status: in_force

A city of the first class by ordinance may provide for the removal of elective officers of the city for misconduct. The city may create any office that it deems necessary for the good government and interest of the city. The city may provide for filling vacancies which occur in any elective office, except the mayor or member of the city council, by appointment by the mayor with the consent of the city council to hold his or her office for the unexpired term. Whenever the city council fails to consent to any appointment made under this section by the mayor by the close of the second regular city council meeting following the announcement of the appointment, the vacancy shall be filled by a special election to be held as prescribed by ordinance in the ward in which such vacancy exists. A vacancy in the office of the mayor or on the city council shall be filled as provided in section 32-568 .

Laws 1901, c. 18, § 48, XXII, p. 250;

R.S.1913, § 4833;

C.S.1922, § 4001;

C.S.1929, § 16-218;

R.S.1943, § 16-217;

Laws 1957, c. 55, § 1, p. 266;

Laws 1972, LB 1145, § 1;

Laws 1980, LB 601, § 1;

Laws 1990, LB 853, § 1;

Laws 1994, LB 76, § 484;

Laws 2016, LB704, § 23.

Where a board has authority to remove an officer for cause, a court will not interfere by injunction, where the board has not acted. Cox v. Moores, 55 Neb. 34, 75 N.W. 35 (1898).

Where a board has authority to remove an officer for cause, a court will not interfere by injunction, where the board has not acted. Cox v. Moores, 55 Neb. 34, 75 N.W. 35 (1898).

Where statute provides "for removing officers of the city for misconduct", the council acting without the mayor, is without power to remove the mayor and such attempted removal is null and void. Stahlhut v. Bauer, 51 Neb. 64, 70 N.W. 496 (1897).

Where statute provides "for removing officers of the city for misconduct", the council acting without the mayor, is without power to remove the mayor and such attempted removal is null and void. Stahlhut v. Bauer, 51 Neb. 64, 70 N.W. 496 (1897).
Neb. Rev. Stat. § 29-3926 — NE Code / Chapter 29 / Section 29-3926
View Statute 29-3926
Status: in_force

Five members of the commission constitute a quorum for the transaction of business. The commission may act by a majority of the members present at any meeting at which a quorum is in attendance.

Laws 1995, LB 646, § 8.
Neb. Rev. Stat. § 30-3143 — NE Code / Chapter 30 / Section 30-3143
View Statute 30-3143
Status: in_force

(a) A trustee shall make the following disbursements from principal:

(1) the remaining one-half of the disbursements described in subdivisions (1) and (2) of section 30-3142 ;

(2) all of the trustee's compensation calculated on principal as a fee for acceptance, distribution, or termination, and disbursements made to prepare property for sale;

(3) payments on the principal of a trust debt;

(4) expenses of a proceeding that concerns primarily principal, including a proceeding to construe the trust or to protect the trust or its property;

(5) premiums paid on a policy of insurance not described in subdivision (4) of section 30-3142 of which the trust is the owner and beneficiary;

(6) estate, inheritance, and other transfer taxes, including penalties, apportioned to the trust; and

(7) disbursements related to environmental matters, including reclamation, assessing environmental conditions, remedying and removing environmental contamination, monitoring remedial activities and the release of substances, preventing future releases of substances, collecting amounts from persons liable or potentially liable for the costs of those activities, penalties imposed under environmental laws or regulations and other payments made to comply with those laws or regulations, statutory or common-law claims by third parties, and defending claims based on environmental matters.

(b) If a principal asset is encumbered with an obligation that requires income from that asset to be paid directly to the creditor, the trustee shall transfer from principal to income an amount equal to the income paid to the creditor in reduction of the principal balance of the obligation.

Laws 2001, LB 56, § 28.
Neb. Rev. Stat. § 21-295 — NE Code / Chapter 21 / Section 21-295
View Statute 21-295
Status: in_force

(MBCA 8.20) (a) The board of directors may hold regular or special meetings in or out of this state.

(b) Unless the articles of incorporation or bylaws provide otherwise, the board of directors may permit any or all directors to participate in a regular or special meeting by, or conduct the meeting through the use of, any means of communication by which all directors participating may simultaneously hear each other during the meeting. A director participating in a meeting by this means is deemed to be present in person at the meeting.

Laws 2014, LB749, § 95.
Neb. Rev. Stat. § 25-1273 — NE Code / Chapter 25 / Section 25-1273
View Statute 25-1273
Status: in_force

When the discovery rules promulgated by the Supreme Court authorize discovery from a nonparty without a deposition, a subpoena shall be issued by the clerk of the court before whom the action is pending upon request of a party. An attorney as an officer of the court may also issue and sign such a subpoena on behalf of a court in which the attorney is authorized to practice. The subpoena shall be served in the time and manner required by the discovery rules. Such discovery rules shall not be construed to permit discovery by subpoena if the information is protected by statute or if that procedure conflicts with any other statute.

Laws 2001, LB 489, § 2.
Neb. Rev. Stat. § 28-1314 — NE Code / Chapter 28 / Section 28-1314
View Statute 28-1314
Status: in_force

(1) A person commits the offense of failing to observe a blind person if as an operator of any vehicle or other conveyance, he fails to:

(a) Give special consideration to the bearer of a white cane or user of a guide dog; and

(b) Stop and remain when approaching such bearer until such time as the bearer has safely reached a position well outside the course normally used by the operator of the vehicle or other conveyance.

(2) Failure to observe a blind person is a Class III misdemeanor.

Laws 1977, LB 38, § 298.
Neb. Rev. Stat. § 13-2604 — NE Code / Chapter 13 / Section 13-2604
View Statute 13-2604
Status: in_force

Any political subdivision that has acquired, constructed, improved, or equipped eligible facilities, has approved the acquisition, construction, improvement, or equipping of eligible facilities, or has approved a bond issue to acquire, construct, improve, or equip eligible facilities may apply to the board for state assistance. The state assistance shall be used:

(1) To pay back amounts expended or borrowed through one or more issues of bonds to be expended by the political subdivision to acquire, construct, improve, repair, replace, and equip any eligible facilities until repayment in full of the amounts expended or borrowed by the political subdivision, including the principal of and interest on bonds, for all of its eligible facilities;

(2) To pay for capital improvements to any eligible facilities; and

(3) To acquire, construct, improve, repair, replace, and equip nearby parking facilities.

Laws 1999, LB 382, § 4;

Laws 2010, LB779, § 3;

Laws 2016, LB884, § 2;

Laws 2022, LB927, § 2;

Laws 2023, LB727, § 18;

Laws 2025, LB116, § 2.

Limitation on applications, see section 13-2612 .
Neb. Rev. Stat. § 49-205 — NE Code / Chapter 49 / Section 49-205
View Statute 49-205
Status: in_force

If a majority of the electors voting on any such amendment adopt the same, provided the votes cast in favor of such amendment shall not be less than thirty-five percent of the total votes cast at such election, the Governor, within ten days after the result is ascertained, shall make proclamation declaring the proposed amendment or amendments to be a part of the Constitution of the state.

Laws 1877, § 5, p. 115;

R.S.1913, § 3702;

C.S.1922, § 3090;

Laws 1925, c. 112, § 4, p. 304;

C.S.1929, § 49-205;

R.S.1943, § 49-205.

Constitutional amendment, to exclude schools of deaf and blind from jurisdiction of Board of Control, was ineffective for failure to comply with requirements. State ex rel. Hall v. Cline, 118 Neb. 150, 224 N.W. 6 (1929).

Constitutional amendment, to exclude schools of deaf and blind from jurisdiction of Board of Control, was ineffective for failure to comply with requirements. State ex rel. Hall v. Cline, 118 Neb. 150, 224 N.W. 6 (1929).
Neb. Rev. Stat. § 44-4723 — NE Code / Chapter 44 / Section 44-4723
View Statute 44-4723
Status: in_force

Any supervision, rehabilitation, conservation, or liquidation of a prepaid limited health service organization shall be deemed to be the supervision, rehabilitation, conservation, or liquidation of an insurance company and shall be conducted pursuant to the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act. No prepaid limited health service organization shall be subject to the insurance laws, rules, and regulations governing insurance insolvency guaranty funds, nor shall any insurance insolvency guaranty fund provide protection to any individuals entitled to receive limited health services from a prepaid limited health service organization.

Laws 1989, LB 320, § 23;

Laws 1989, LB 319, § 79.

Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act, see section 44-4862 .
Neb. Rev. Stat. § 8-2907 — NE Code / Chapter 8 / Section 8-2907
View Statute 8-2907
Status: in_force

(1) If a qualified person reasonably believes that financial exploitation of an eligible adult may have occurred, may have been attempted, or is occurring or being attempted, a qualified person may notify any third party previously designated by the eligible adult or any person allowed to receive notification under applicable law or any customer agreement. Notification may not be made to any designated third party that is suspected of financial exploitation or other abuse of the eligible adult.

(2) Any qualified person that in good faith and exercising reasonable care makes a notification pursuant to subsection (1) of this section shall be immune from administrative or civil liability that might otherwise arise from such notification or for any failure to notify the eligible adult of the disclosure.

Laws 2021, LB297, § 4.
Neb. Rev. Stat. § 15-809 — NE Code / Chapter 15 / Section 15-809
View Statute 15-809
Status: in_force

The city council of a city of the primary class shall act as a board to equalize all special assessments, except for sidewalks affecting single properties, before special taxes for local improvements be finally levied, distributed, and apportioned, and to correct any errors therein, upon notice as provided in this section. The board shall be in session not less than two hours on two successive days, and until it hears all complaints owners may make to the proposed distribution and levy of the tax, and shall equalize the tax and correct errors therein. If by reduction of the amount charged on any property it is necessary to increase the proposed amount upon other property, the owner shall be notified in person or at his or her residence, or by five days' publication in a legal newspaper in or of general circulation in the city if not a resident, or if changes are many, another distribution may be submitted by any member or any owner interested, and notice by five days' publication in a legal newspaper in or of general circulation in the city be given of a second session for equalization, at which time the equalization shall be completed.

Laws 1901, c. 16, § 80, p. 100;

R.S.1913, § 4549;

C.S.1922, § 3936;

C.S.1929, § 15-807;

R.S.1943, § 15-809;

Laws 2020, LB1003, § 132.

Review of decision of board of equalization is by error proceeding. Webster v. City of Lincoln, 50 Neb. 1, 69 N.W. 394 (1896).

Review of decision of board of equalization is by error proceeding. Webster v. City of Lincoln, 50 Neb. 1, 69 N.W. 394 (1896).
Neb. Rev. Stat. § 55-701 — NE Code / Chapter 55 / Section 55-701
View Statute 55-701
Status: in_force

For purposes of sections 55-701 to 55-704 :

(1) Military service means:

(a) In the case of a servicemember who is a member or reserve member of the Army, Navy, Air Force, Marine Corps, or Coast Guard, full-time duty in the active military service of the United States, including:

(i) Full-time training duty;

(ii) Annual training duty; and

(iii) Attendance while at a school designated as a service school by federal law or by the secretary of the military department concerned;

(b) In the case of a member or reserve member of the Nebraska National Guard, service under a call to active service or duty authorized by:

(i) The President of the United States or the Secretary of Defense for a period of more than thirty days in response to a national emergency declared by the President of the United States; or

(ii) The Governor for a period of more than thirty consecutive days;

(c) In the case of a servicemember who is a commissioned officer of the United States Public Health Service or the National Oceanic and Atmospheric Administration, active service; or

(d) Any period during which a servicemember is absent from duty on account of sickness, wounds, leave, or other lawful cause; and

(2) Servicemember means an individual engaged in military service.

Laws 2018, LB682, § 1.
Neb. Rev. Stat. § 29-4316 — NE Code / Chapter 29 / Section 29-4316
View Statute 29-4316
Status: in_force

(1) For purposes of this section:

(a) Criminal justice agency has the same meaning as in section 29-3509 ;

(b) Sex trafficking means sex trafficking or sex trafficking of a minor in violation of section 28-831 ; and

(c) Sexual assault means a violation of section 28-319 , 28-319.01 , 28-320 , 28-320.01 , 28-320.02 , 28-322.01 , 28-322.02 , 28-322.03 , 28-322.04 , 28-322.05 , 28-703 , or 28-1805 or subdivision (1)(c) or (g) of section 28-386 or subdivision (1)(d), (e), or (f) of section 28-707 .

(2) Except as provided in subsection (3) of this section, and unless otherwise required by statute, a criminal justice agency and any attorney involved in the investigation or prosecution of an alleged sexual assault or sex trafficking violation shall maintain the confidentiality of the identity and personal identifying information of the alleged victim. Such information may be shared by such criminal justice agencies and between such criminal justice agencies and attorneys as necessary to carry out their duties.

(3) The confidentiality required by subsection (2) of this section does not apply:

(a) To the extent waived by the alleged victim;

(b) If criminal charges involving the alleged sexual assault or sex trafficking are filed;

(c) If the victim has died as a result of, or in connection with, the alleged sexual assault or sex trafficking;

(d) In cases where personal identifying information or the identity of the victim are released as part of a child abduction alert system used by law enforcement agencies, such as the AMBER Alert system;

(e) To a person making a report of suspected child abuse or neglect as required in section 28-711 ;

(f) To the sharing of reports and information regarding child abuse and neglect with a child abuse and neglect investigation team or child abuse and neglect treatment team provided for in section 28-728 ;

(g) To the Department of Health and Human Services and other assisting agencies as necessary to carry out their duties in investigations of child abuse or neglect;

(h) To communication with an individual that an educational entity, as defined in section 79-1201.01 , has designated:

(i) As a Title IX coordinator; or

(ii) To receive reports related to sexual assault or sex trafficking or to provide supportive measures related to such reports; or

(i) To communication with advocates and health care providers as defined in section 29-4309 .

Laws 2022, LB1246, § 1;

Laws 2025, LB383, § 22.
Neb. Rev. Stat. § 43-908 — NE Code / Chapter 43 / Section 43-908
View Statute 43-908
Status: in_force

An attempt shall be made by the Department of Health and Human Services to locate children who arrive at the age of majority for the purpose of delivering and transferring to any such child such funds or property as he or she may own. In the event that such child cannot be located within five years after the child arrives at the age of majority, any funds or assets owned by him or her shall be transferred to the state treasury of the State of Nebraska.

Laws 1963, c. 245, § 2, p. 740;

Laws 1977, LB 312, § 7;

Laws 1996, LB 1044, § 188;

Laws 2007, LB296, § 126.
Neb. Rev. Stat. § 61-205 — NE Code / Chapter 46 / Section 61-205
61-205
Status: in_force

The Chief Water Officer of the Department of Water, Energy, and Environment shall exercise the powers and perform the duties assigned to the Department of Natural Resources prior to July 1, 2025, except those duties assigned to the Director of the Department of Water, Energy, and Environment or the Department of Water, Energy, and Environment.

The Chief Water Officer and his or her duly authorized assistants shall have access at all reasonable times to all dams, reservoirs, hydroelectric plants, water measuring devices, and headgates, and other devices for diverting water, for the purpose of performing the duties assigned to the Chief Water Officer.

Laws 1919, c. 190, tit. VII, art. V, div. 2, § 1, p. 834;

C.S.1922, § 8420;

C.S.1929, § 81-6301;

R.S.1943, § 46-208;

Laws 1973, LB 186, § 1;

R.S.1943, (1998), § 46-208;

Laws 2000, LB 900, § 5;

Laws 2006, LB 1226, § 29;

Laws 2025, LB317, § 331.

Department is the successor of prior boards dealing with irrigation. State v. Nielsen, 163 Neb. 372, 79 N.W.2d 721 (1956).

Department is the successor of prior boards dealing with irrigation. State v. Nielsen, 163 Neb. 372, 79 N.W.2d 721 (1956).

Under former law, Department of Roads and Irrigation exercised powers and functions of former Board of Irrigation. In re Claim Affidavit of Parsons, 148 Neb. 239, 27 N.W.2d 190 (1947).

Under former law, Department of Roads and Irrigation exercised powers and functions of former Board of Irrigation. In re Claim Affidavit of Parsons, 148 Neb. 239, 27 N.W.2d 190 (1947).
Neb. Rev. Stat. § 25-1093.02 — NE Code / Chapter 25 / Section 25-1093.02
View Statute 25-1093.02
Status: in_force

Upon the filing of such affidavit and request for delivery, if the defendant with full knowledge of the allegations and effect of the plaintiff's request agrees that such delivery in replevin be had, he may execute a voluntary, intelligent, and knowing waiver under oath of his rights to notice and hearing, in which event the court shall order that all further proceedings shall be suspended and the property being replevied delivered to the plaintiff forthwith, otherwise upon the filing of such affidavit and request for delivery required by section 25-1093.01 , the court shall issue a temporary order addressed to the defendant that he shall hold the property described in the affidavit in his possession, unimpaired and unencumbered, and in all respects in the same state and condition as at the time of receipt of the order, until further order of the court. The temporary order shall also notify such defendant that if he fails to comply with the temporary order he shall be subject to the full contempt powers of the court. Attached to such temporary order shall be a notice that a hearing will be had and specifying the date, time, and place of such hearing, at which hearing will be determined plaintiff's right to possession of the goods described in plaintiff's affidavit and request for delivery, pending final determination of the merits. At such hearing the defendant shall be required to show cause why the possession of the goods should not be delivered to the plaintiff. Unless otherwise determined and ordered by the court, the date of such hearing shall be seven days after service of the order upon the defendant, but in no event later than fourteen days after service.

Laws 1973, LB 474, § 3;

Laws 1976, LB 859, § 1.

A temporary order entered pursuant to this provision, which requires the defendant in replevin action to hold the property unimpaired and unencumbered until hearing which must take place within fourteen days after service and at which court determines plaintiff's right to possession pending final resolution on the merits, results in a deprivation of property rights sufficient to trigger due process protection. Lewis Service Center, Inc. v. Mack Financial Corp., 696 F.2d 66 (8th Cir. 1982).

A temporary order entered pursuant to this provision, which requires the defendant in replevin action to hold the property unimpaired and unencumbered until hearing which must take place within fourteen days after service and at which court determines plaintiff's right to possession pending final resolution on the merits, results in a deprivation of property rights sufficient to trigger due process protection. Lewis Service Center, Inc. v. Mack Financial Corp., 696 F.2d 66 (8th Cir. 1982).
Neb. Rev. Stat. § 14-818 — NE Code / Chapter 14 / Section 14-818
View Statute 14-818
Status: in_force

After July 19, 1980, no person shall establish a paunch manure, rendering, or sewage treatment plant or facility, or an area where refuse, garbage, or rubbish is disposed of within three thousand three hundred feet of a residential area in a city of the metropolitan class. For purposes of this section, residential area means an area designated as residential under the zoning ordinances of such city.

Laws 1980, LB 853, § 15;

Laws 2022, LB800, § 238.