FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 31-313 — NE Code / Chapter 31 / Section 31-313
View Statute 31-313
Status: in_force

The engineer shall assess, as hereinafter directed and according to the rules hereinafter prescribed, the amount of benefits which will accrue to each tract or parcel of land and corporate property above named, by virtue of the works and improvements of the drainage district. Each tract or parcel of land, right-of-way, railroad bed, bridge, culvert and depot within the district shall bear its share of the entire cost and expenses incurred by the district in making such works and improvements in proportion to the benefits assessed, whether such improvements be made on the tract or parcel of land, right-of-way, or railroad bed, or not.

Laws 1905, c. 161, § 9, p. 614;

Laws 1909, c. 147, § 3, p. 510;

R.S.1913, § 1808;

C.S.1922, § 1755;

C.S.1929, § 31-412;

R.S.1943, § 31-313.

It is sufficient if classification of benefits is made upon a uniform plan which is fair and just. Petersen v. Thurston, 161 Neb. 758, 74 N.W.2d 528 (1956).

It is sufficient if classification of benefits is made upon a uniform plan which is fair and just. Petersen v. Thurston, 161 Neb. 758, 74 N.W.2d 528 (1956).

Where drainage district levies assessment for special drainage benefits accruing to land, the levies are not void because an older drainage district previously levied and collected assessments on the same land. Schobert-Zimmerman Drainage Dist. v. Soll, 132 Neb. 629, 272 N.W. 775 (1937).

Where drainage district levies assessment for special drainage benefits accruing to land, the levies are not void because an older drainage district previously levied and collected assessments on the same land. Schobert-Zimmerman Drainage Dist. v. Soll, 132 Neb. 629, 272 N.W. 775 (1937).
Neb. Rev. Stat. § 38-608 — NE Code / Chapter 38 / Section 38-608
View Statute 38-608
Status: in_force

Licensed practitioner means any physician licensed to practice pursuant to the Medicine and Surgery Practice Act, whose practice includes obstetrics.

Laws 1984, LB 761, § 9;

R.S.1943, (2003), § 71-1746;

Laws 2007, LB463, § 220.

Medicine and Surgery Practice Act, see section 38-2001 .
Neb. Rev. Stat. § 26-111 — NE Code / Chapter 26 / Section 26-111
View Statute 26-111
Status: in_force

(1) A petitioner may file a petition and affidavit to renew a protection order. A petition for renewal may be filed ex parte as provided in section 26-109 . Such petition and affidavit for renewal shall be filed any time within forty-five days before the expiration of the protection order, including the date the order expires.

(2) A protection order may be renewed on the basis of the petitioner's affidavit stating that there has been no material change in relevant circumstances since entry of the order and stating the reason for the requested renewal if:

(a) The petitioner seeks no modification of the order; and

(b)(i) The respondent has been properly served with notice of the petition for renewal and notice of hearing and fails to appear at the hearing; or

(ii) The respondent indicates that he or she does not contest the renewal.

(3) A renewed protection order shall specify that it is effective for a period of one year to commence on the first calendar day following the expiration of the previous order or on the calendar day the court grants the renewal if such day is subsequent to the first calendar day after expiration of the previous order.

(4) For a renewed domestic abuse protection order, if the court grants temporary custody of minor children, the renewed order shall specify the number of days of custody granted to the petitioner unless otherwise modified by the court.

Laws 2025, LB80, § 11.
Neb. Rev. Stat. § 31-115 — NE Code / Chapter 31 / Section 31-115
View Statute 31-115
Status: in_force

Any person or corporation feeling aggrieved thereby may appeal to the district court within and for the proper county, from any final order or judgment of the board made in the proceedings and entered upon its journal determining any one of the following matters: (1) Whether the ditch will be conducive to the public health, convenience or welfare; (2) whether the route thereof is practicable; (3) the compensation for land appropriated; and (4) the damage claimed to property affected by the improvement. The appeal may be taken and prosecuted in the manner provided by law for appeals from the decision of the county board on claims against the county.

Laws 1881, c. 51, § 15, p. 241;

Laws 1911, c. 140, § 15, p. 458;

R.S.1913, § 1732;

C.S.1922, § 1679;

C.S.1929, § 31-115;

R.S.1943, § 31-115.

An attempt to appeal under this section confers no jurisdiction upon the district court to review an order of county board making assessments to construct a drainage ditch. Loup River Public Power Dist. v. Platte County, 141 Neb. 29, 2 N.W.2d 609 (1942).

An attempt to appeal under this section confers no jurisdiction upon the district court to review an order of county board making assessments to construct a drainage ditch. Loup River Public Power Dist. v. Platte County, 141 Neb. 29, 2 N.W.2d 609 (1942).

The right to appeal from the assessment of benefits by the county board in the creation of a drainage district is not provided by this section. Loup River Public Power Dist. v. Platte County, 135 Neb. 21, 280 N.W. 430 (1938).

The right to appeal from the assessment of benefits by the county board in the creation of a drainage district is not provided by this section. Loup River Public Power Dist. v. Platte County, 135 Neb. 21, 280 N.W. 430 (1938).

Finding of board that ditch is conducive to public health, etc., is final, and court cannot review. Johannes v. Thayer County, 83 Neb. 689, 120 N.W. 176 (1909); Tyson v. Washington County, 78 Neb. 211, 110 N.W. 634 (1907); Dodge County v. Acom, 61 Neb. 376, 85 N.W. 292 (1901).

Finding of board that ditch is conducive to public health, etc., is final, and court cannot review. Johannes v. Thayer County, 83 Neb. 689, 120 N.W. 176 (1909); Tyson v. Washington County, 78 Neb. 211, 110 N.W. 634 (1907); Dodge County v. Acom, 61 Neb. 376, 85 N.W. 292 (1901).
Neb. Rev. Stat. § 29-3912 — NE Code / Chapter 29 / Section 29-3912
29-3912
Status: in_force

If necessary office space is not available in a courthouse within the district, the judicial district public defender may rent or lease such space. He or she may also purchase, through the materiel administrator of the Department of Administrative Services, necessary furniture, equipment, books, stationery, and other supplies necessary for the operation of the office. The public defender may employ, with the approval of the appropriate district judge or judges, necessary assistant public defenders and other employees at salaries which are to be approved by the judge or judges. Such judge or judges shall also determine whether assistant public defenders and other employees are to be part time or full time. Public defenders may employ law students authorized by the Supreme Court to engage in a limited form of the practice of law and may enter into agreements with law schools to provide clinical training for their students under the provisions of the Higher Education Act of 1965 and other similar federal programs.

Laws 1969, c. 234, § 4, p. 864;

R.S.1943, (1989), § 29-1805.04;

Laws 1990, LB 822, § 30;

Laws 2000, LB 654, § 1.
Neb. Rev. Stat. § 71-1108.01 — NE Code / Chapter 71 / Section 71-1108.01
View Statute 71-1108.01
Status: in_force

Intellectual disability means significantly subaverage general intellectual functioning which is associated with significant impairments in adaptive functioning manifested before the age of twenty-two years. Significant subaverage general intellectual functioning shall refer to a score of seventy or below on a properly administered and valid intelligence quotient test.

Laws 2005, LB 206, § 10;

R.S.1943, (2009), § 71-1110;

Laws 2013, LB23, § 32;

Laws 2016, LB1039, § 1;

Laws 2017, LB333, § 2.
Neb. Rev. Stat. § 38-2417 — NE Code / Chapter 38 / Section 38-2417
View Statute 38-2417
Status: in_force

(1) The board shall consist of seven professional members and two public members appointed pursuant to section 38-158 . The members shall meet the requirements of sections 38-164 and 38-165 .

(2) The professional members shall consist of: (a) Two members who hold active licenses and are currently employed in the management, operation, or ownership of proprietary homes for the aged or infirm or nursing homes that serve the aged or infirm in Nebraska; (b) two members who hold active licenses and are currently employed in the management or operation of a nonprofit home for the aged or infirm or nursing home or hospital caring for chronically ill or infirm, aged patients; (c) one member who is a member of the faculty of a college or university located in the state who is actively engaged in a teaching program relating to business administration, social work, gerontology, or some other aspect of the administration of health care facilities; (d) one member who is a licensed physician and surgeon with a demonstrated interest in long-term care; and (e) one member who is a licensed registered nurse.

Laws 1972, LB 1040, § 5;

Laws 1980, LB 686, § 3;

Laws 1988, LB 693, § 10;

Laws 1989, LB 344, § 20;

R.S.Supp.,1989, § 71-2045.01;

Laws 1994, LB 1223, § 76;

Laws 1996, LB 1044, § 755;

Laws 1999, LB 411, § 9;

Laws 2002, LB 1062, § 61;

R.S.1943, (2003), § 71-6065;

Laws 2007, LB296, § 649;

Laws 2007, LB463, § 832.
Neb. Rev. Stat. § 38-1423 — NE Code / Chapter 38 / Section 38-1423
View Statute 38-1423
Status: in_force

Any person, partnership, limited liability company, firm, corporation, association, or other organization which (1) without having complied with the Funeral Directing and Embalming Practice Act and without having first obtained a license (a) engages directly or indirectly in the business of funeral directing and embalming, (b) holds himself, herself, or itself out to the public as a funeral director and embalmer, or (c) performs or attempts to perform any of the services of a funeral establishment or branch establishment or of a funeral director and embalmer relating to the disposition of dead human bodies or (2) continues to perform such services after the license has expired or has been revoked or suspended shall be dealt with in the same manner as outlined in section 38-1,118 . Each day so engaged in such business shall constitute and be deemed a separate offense.

Laws 1957, c. 295, § 7, p. 1062;

Laws 1973, LB 515, § 16;

Laws 1977, LB 39, § 158;

Laws 1980, LB 94, § 9;

Laws 1986, LB 926, § 50;

Laws 1988, LB 1100, § 101;

Laws 1991, LB 10, § 5;

Laws 1992, LB 1019, § 62;

Laws 1993, LB 121, § 423;

Laws 1993, LB 187, § 23;

Laws 1994, LB 1223, § 33;

Laws 2003, LB 242, § 100;

R.S.1943, (2003), § 71-1331;

Laws 2007, LB463, § 559.
Neb. Rev. Stat. § 68-975 — NE Code / Chapter 68 / Section 68-975
View Statute 68-975
Status: in_force

(1) On or before May 1, 2016, the department shall submit an application to the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services to amend the medicaid state plan to provide for utilization of money to allow for payments for multisystemic therapy for youth who are eligible for the medical assistance program and CHIP pursuant to the federal Children's Health Insurance Program Reauthorization Act of 2009, Public Law 111-3, as such act existed on January 1, 2015.

(2) For purposes of this section, CHIP means the Children's Health Insurance Program established pursuant to 42 U.S.C. 1397aa et seq., as such section existed on January 1, 2015.

Laws 2015, LB500, § 2.
Neb. Rev. Stat. § 22-403 — NE Code / Chapter 22 / Section 22-403
View Statute 22-403
Status: in_force

(1) If the county board has not taken the initiative to enter into a consolidation agreement under section 22-402 , the registered voters of the county may require the board to proceed by filing with the county clerk a petition, signed by registered voters of the county equal in number to ten percent of the total vote cast for Governor at the last general election, directing the board to develop a consolidation agreement pursuant to section 22-402 with the county or counties named in the petition.

(2) The county board shall attempt to develop an agreement under section 22-402 with the county or counties named in the petition within six months after the filing date of the petition. Failure by the county board to make a good faith effort to develop an agreement pursuant to the petition constitutes willful neglect of duty for which the members of the board may be removed from office pursuant to sections 23-2001 to 23-2009 . If after good faith attempts to develop an agreement the county board is unable to perfect an agreement within six months after the filing date of the petition, the petition is no longer valid.

Laws 1933, c. 34, § 3, p. 218;

C.S.Supp.,1941, § 25-403;

R.S.1943, § 22-403;

Laws 1965, c. 92, § 1, p. 398;

Laws 1996, LB 1085, § 16.
Neb. Rev. Stat. § 70-663 — NE Code / Chapter 70 / Section 70-663
View Statute 70-663
Status: in_force

Upon authorization as provided in section 70-662 , the proposed amendment shall thereupon be submitted to the Nebraska Power Review Board, together with a petition setting forth the reasons for the adoption of such amendment, and requesting that the same be approved. The Nebraska Power Review Board shall then cause notice to be given by publication for three consecutive weeks in two legal newspapers of general circulation within such district. Such notice shall set forth in full the proposed amendment and set a date, not sooner than three weeks after the last date of publication of the notice, for protests, complaints, or objections to be filed with the Nebraska Power Review Board in opposition to the adoption of such amendment. The cost of such publication shall be paid by such district. If any person residing in such district, or affected by the proposed amendment, shall, within the time provided, file a protest, complaint, or objection, the Nebraska Power Review Board shall schedule a hearing and give due notice thereof to the district, the district's representative, and the person who filed such protest, complaint, or objection. Any person filing a protest, complaint, or objection may appear at such hearing and contest the approval by the Nebraska Power Review Board of such proposed amendment. After all protests, complaints, or objections have been heard, the Nebraska Power Review Board shall act upon the petition and either approve or disapprove the amendment. If no protests, complaints, or objections are properly filed, the board shall either approve the amendment without a hearing or schedule a hearing to determine whether or not the amendment should be approved. If a hearing is scheduled, due notice shall be provided to the district and the district representative.

Laws 1937, c. 152, § 9, p. 589;

C.S.Supp.,1941, § 70-717;

R.S.1943, § 70-663;

Laws 1981, LB 181, § 28;

Laws 1983, LB 366, § 1;

Laws 2021, LB285, § 18;

Laws 2024, LB287, § 71.
Neb. Rev. Stat. § 24-801 — NE Code / Chapter 24 / Section 24-801
View Statute 24-801
Status: in_force

All judicial nominating commissions under Article V of the Constitution of Nebraska shall be subject to the provisions of sections 24-801 to 24-812 .

Laws 1963, c. 124, § 1, p. 472.

Sections 24-801 to 24-812.01 constitute a special, independent legislative act, complete in itself, which is intended to cover the subject of the selection of nominees by judicial nominating commissions. Marks v. Judicial Nominating Comm., 236 Neb. 429, 461 N.W.2d 551 (1990).

Sections 24-801 to 24-812.01 constitute a special, independent legislative act, complete in itself, which is intended to cover the subject of the selection of nominees by judicial nominating commissions. Marks v. Judicial Nominating Comm., 236 Neb. 429, 461 N.W.2d 551 (1990).
Neb. Rev. Stat. § 44-4423 — NE Code / Chapter 44 / Section 44-4423
View Statute 44-4423
Status: in_force

The director shall adopt and promulgate rules and regulations relating to risk retention groups necessary to carry out the Risk Retention Act.

Laws 1987, LB 514, § 23.
Neb. Rev. Stat. § 25-1097 — NE Code / Chapter 25 / Section 25-1097
View Statute 25-1097
Status: in_force

The sheriff shall execute the order of delivery by taking the property therein mentioned. He shall also deliver a copy of the order of delivery to the person charged with the unlawful detention of the property or leave such copy at his usual place of residence.

R.S.1867, Code § 185, p. 422;

R.S.1913, § 7826;

C.S.1922, § 8770;

C.S.1929, § 20-1097;

R.S.1943, § 25-1097;

Laws 1973, LB 474, § 8.

Cannot seize property in possession of third party claiming ownership in good faith. Singer Sewing Machine Co. v. Robertson, 87 Neb. 542, 127 N.W. 866 (1910).

Cannot seize property in possession of third party claiming ownership in good faith. Singer Sewing Machine Co. v. Robertson, 87 Neb. 542, 127 N.W. 866 (1910).

Seizure on Sunday is void. Bryant v. State, 16 Neb. 651, 21 N.W. 406 (1884).

Seizure on Sunday is void. Bryant v. State, 16 Neb. 651, 21 N.W. 406 (1884).

Leaving copy at usual place of business is insufficient. Aultman & Taylor Co. v. Steinan, 8 Neb. 109 (1879).

Leaving copy at usual place of business is insufficient. Aultman & Taylor Co. v. Steinan, 8 Neb. 109 (1879).

Failure to serve copy is mere irregularity. Baker v. Daily, 6 Neb. 464 (1877).

Failure to serve copy is mere irregularity. Baker v. Daily, 6 Neb. 464 (1877).
Neb. Rev. Stat. § 23-174.05 — NE Code / Chapter 23 / Section 23-174.05
View Statute 23-174.05
Status: in_force

The general plan for the improvement and development of the county outside of the jurisdiction of any city or village shall be known as the comprehensive plan. This plan for governmental policies and action shall include the pattern and intensity of land use, the provision of public facilities including transportation and other governmental services, the effective development and utilization of human and natural resources, the identification and evaluation of area needs including housing, employment, education, and health and the formulation of programs to meet such needs, surveys of structures and sites determined to be of historic, cultural, archaeological, or architectural significance or value, long-range physical and fiscal plans for governmental policies and action, and coordination of all related plans and activities of the state and local governments and agencies concerned. The comprehensive plan, with the accompanying maps, plats, charts, and descriptive and explanatory materials, shall show the recommendations concerning the physical development pattern of such area, taking into account the availability of and need for conserving land and other irreplaceable natural resources, the preservation of sites of historic, cultural, archaeological, and architectural significance or value, the projected changes in size, movement, and composition of population, the necessity for expanding housing and employment opportunities, and the need for methods of achieving modernization, simplification, and improvements in governmental structures, systems, and procedures related to growth objectives. The comprehensive plan shall, among other things, show:

(1) The general location, character, and extent of existing and proposed streets and highways and railroad, air, and other transportation routes and terminals;

(2) Existing and proposed public ways, parks, grounds, and open spaces;

(3) The general location, character, and extent of schools, school grounds, and other educational facilities and properties;

(4) The general location and extent of existing and proposed public utility installations;

(5) The general location and extent of community development and housing activities; and

(6) The general location of existing and proposed public buildings, structures, and facilities.

The comprehensive plan of the county shall include a land-use plan showing the proposed general distribution and general location of business and industry, residential areas, utilities, and recreational, educational, and other categories of public and private land uses. The land-use plan shall also show the recommended standards of population density based upon population estimates and providing for activities for which space should be supplied within the area covered by the plan. The comprehensive plan shall include and show proposals for acquisition, extension, widening, narrowing, removal, vacation, abandonment, sale, and other actions affecting public improvements.

Laws 1961, c. 87, § 10, p. 304;

Laws 1975, LB 111, § 3.
Neb. Rev. Stat. § 49-1499.06 — NE Code / Chapter 49 / Section 49-1499.06
View Statute 49-1499.06
Status: in_force

Any member of the Nebraska Environmental Trust Board who is also a director of a state agency shall abstain from voting on applications pursuant to the Nebraska Environmental Trust Act which would provide funding primarily to his or her agency.

Laws 2002, LB 1003, § 36.

Nebraska Environmental Trust Act, see section 81-15,167 .
Neb. Rev. Stat. § 60-1401.08 — NE Code / Chapter 60 / Section 60-1401.08
View Statute 60-1401.08
Status: in_force

Coerce means to compel a dealer or manipulate a dealer to behave in an involuntary way, whether through action or inaction, by use of threats, intimidation, trickery, or some other form of pressure or force.

Laws 2010, LB816, § 20.
Neb. Rev. Stat. § 55-165 — NE Code / Chapter 55 / Section 55-165
View Statute 55-165
Status: in_force

Any person, firm, or organization violating section 55-160 or 55-161 shall be guilty of a Class IV misdemeanor and, in addition thereto, shall restore to the employee all rights of which he or she has been illegally deprived.

Laws 1957, c. 238, § 4, p. 799;

R.R.S.1943, § 55-194;

Laws 1969, c. 459, § 63, p. 1602;

Laws 1977, LB 39, § 51;

Laws 2002, LB 722, § 6.
Neb. Rev. Stat. § 44-4334 — NE Code / Chapter 44 / Section 44-4334
View Statute 44-4334
Status: in_force

In the case of a resolution or other proceeding providing for the issuance of bonds pursuant to the Intergovernmental Risk Management Act, the board of directors of the risk management pool may, either before or after the adoption of such resolution or other proceeding, in lieu of publishing the entire resolution or other proceeding, publish a notice of intention to issue bonds under the Intergovernmental Risk Management Act, titled as such, containing:

(1) The name of the risk management pool;

(2) The purpose of the issue, including a brief description of the project and the names of the public agencies to be serviced by the project;

(3) The maximum principal amount of bonds to be issued;

(4) The maturity date or dates and maximum amount maturing on such dates;

(5) The maximum rate of interest payable on the bonds; and

(6) The time and place where a copy of the form of the resolution or other proceeding providing for the issuance of the bonds may be examined, which copy shall be at an office of the risk management pool identified in the notice, during regular business hours of the risk management pool as described in the notice, for a period of at least thirty days after the publication of the notice.

Laws 1987, LB 398, § 34.