FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 70-305 — NE Code / Chapter 70 / Section 70-305
View Statute 70-305
Status: in_force

Any person engaged in the generating or transmitting of electric current for sale, use, or purchase in the state for power or other purposes is granted the right-of-way for all necessary poles and wires along, within, and across any of the public highways of this state. Such person is liable for all damages to private property by reason of the use of the public highways for such purpose. Such damages shall be ascertained and determined in the manner set forth in sections 76-704 to 76-724 .

Laws 1903, c. 117, § 1, p. 608;

R.S.1913, § 7420;

Laws 1917, c. 135, § 1, p. 320;

Laws 1921, c. 259, § 1, p. 874;

C.S.1922, § 7099;

C.S.1929, § 86-303;

Laws 1943, c. 231, § 2, p. 780;

R.S.1943, § 86-305;

Laws 1951, c. 101, § 124, p. 504;

Laws 1967, c. 626, § 1, p. 2090;

R.S.1943, (1999), § 86-305;

Laws 2002, LB 1105, § 468.

Right given to utility companies to erect poles and wires along highways is valuable franchise right subject to taxation. Northern Nebraska Power Co. v. Holt County, 120 Neb. 724, 235 N.W. 92 (1931).

Right given to utility companies to erect poles and wires along highways is valuable franchise right subject to taxation. Northern Nebraska Power Co. v. Holt County, 120 Neb. 724, 235 N.W. 92 (1931).

Under former section, company erecting transmission line may assume that line of highway is where trees and fences are found, until line is otherwise fixed. Saline County v. Blue River Power Co., 102 Neb. 758, 169 N.W. 785 (1918).

Under former section, company erecting transmission line may assume that line of highway is where trees and fences are found, until line is otherwise fixed. Saline County v. Blue River Power Co., 102 Neb. 758, 169 N.W. 785 (1918).

Former section did not apply to telephone companies which furnish telephone service exclusively. Alt v. State, 88 Neb. 259, 129 N.W. 432 (1911).

Former section did not apply to telephone companies which furnish telephone service exclusively. Alt v. State, 88 Neb. 259, 129 N.W. 432 (1911).
Neb. Rev. Stat. § 23-1733 — NE Code / Chapter 23 / Section 23-1733
View Statute 23-1733
Status: in_force

Whenever possible, vacancies shall be filled by promotion. Promotion shall be made from among deputy sheriffs qualified by training and experience to fill the vacancies and whose length of service entitles them to consideration. The commission shall, for the purpose of certifying to the sheriff the list of deputy sheriffs eligible for promotion, rate such deputy sheriffs so qualified on the basis of their service record, experience in the work involved in the vacant position, training and qualifications for such work, seniority, and military service ratings. Seniority shall be controlling only when other factors are equal. Only the names of the three highest on the list of ratings shall be certified. The sheriff shall forthwith appoint one of the three persons so qualified.

Laws 1969, c. 140, § 13, p. 646.
Neb. Rev. Stat. § 44-4823 — NE Code / Chapter 44 / Section 44-4823
View Statute 44-4823
Status: in_force

(1) Every person who receives notice in the form prescribed in section 44-4822 that an insurer which he or she represents as an agent is the subject of a liquidation order shall, within fifteen days of such notice, give notice of the liquidation order. The notice shall be sent by first-class mail to the last address contained in the agent's records to each policyholder or other person named in any policy issued through the agent by the insurer if he or she has a record of the address of the policyholder or other person. A policy shall be deemed issued through an agent if the agent has a property interest in the expiration of the policy or if the agent has had in his or her possession a copy of the declarations of the policy at any time during the life of the policy except when the ownership of the expiration of the policy has been transferred to another. The written notice shall include the name and address of the insurer, the name and address of the agent, identification of the policy impaired, and the nature of the impairment, including termination of coverage as described in section 44-4819 . Notice by a general agent satisfies the notice requirement for any agents under contract to him or her. Each agent obligated to give notice under this section shall file a report of compliance with the liquidator.

(2) Any agent failing to give notice or file a report of compliance as required in subsection (1) of this section may be subject to payment of a civil penalty of not more than one thousand dollars and may have his or her license suspended. The penalty shall be imposed after a hearing held by the director.

(3) The liquidator may waive the duties imposed by this section if he or she determines that other notice to the policyholders of the insurer under liquidation is adequate.

Laws 1989, LB 319, § 23.
Neb. Rev. Stat. § 24-306 — NE Code / Chapter 24 / Section 24-306
View Statute 24-306
Status: in_force

If the judge does not appear by 5 p.m. in the afternoon of the fourth day, the court shall stand adjourned until the next regular term.

Laws 1879, § 30, p. 88;

R.S.1913, § 1165;

C.S.1922, § 1088;

C.S.1929, § 27-306;

R.S.1943, § 24-306.

In adjourning term, clerk acts in a ministerial capacity. Parrott v. Wolcott, 75 Neb. 530, 106 N.W. 607 (1906).

In adjourning term, clerk acts in a ministerial capacity. Parrott v. Wolcott, 75 Neb. 530, 106 N.W. 607 (1906).
Neb. Rev. Stat. § 44-804 — NE Code / Chapter 44 / Section 44-804
View Statute 44-804
Status: in_force

No assessment shall be made on a member for liability occurring prior to his membership. A member may be excluded from all benefits during the time he is in default of payment of any assessment.

Laws 1913, c. 154, § 126, p. 463;

R.S.1913, § 3263;

Laws 1919, c. 190, tit. V, art. X, § 3, p. 644;

C.S.1922, § 7862;

C.S.1929, § 44-903;

R.S.1943, § 44-804.
Neb. Rev. Stat. § 23-920 — NE Code / Chapter 23 / Section 23-920
View Statute 23-920
Status: in_force

In counties having two hundred thousand or more inhabitants, the fiscal year shall begin January 1 and end December 31. Any such county may by an affirmative vote of a majority of all the members of the county board elect to change its fiscal year from a period of twelve months commencing January 1 to a period commencing July 1, and to become subject to all the terms of sections 23-901 to 23-919 . Any county hospital operating under sections 23-3501 to 23-3527 may, by an affirmative vote of a majority of the members of the board of trustees of such facility, elect to change its fiscal year to any period of twelve months for determining and carrying on its financial affairs.

Laws 1945, c. 45, § 14, p. 219;

Laws 1969, c. 145, § 31, p. 691;

Laws 1993, LB 734, § 33.
Neb. Rev. Stat. § 15-801 — NE Code / Chapter 15 / Section 15-801
View Statute 15-801
Status: in_force

A city of the primary class may adopt biennial budgets for biennial periods if such budgets are provided for by a city charter provision. For purposes of this section:

(1) Biennial budget means a budget that provides for a biennial period to determine and carry on the city's financial and taxing affairs; and

(2) Biennial period means the two fiscal years comprising a biennium commencing in odd-numbered or even-numbered years.

Laws 2000, LB 1116, § 1;

Laws 2010, LB779, § 17.
Neb. Rev. Stat. § 58-241 — NE Code / Chapter 58 / Section 58-241
View Statute 58-241
Status: in_force

In exercising any powers granted in the Nebraska Investment Finance Authority Act, the authority shall coordinate its activities with the policy, program, and planning efforts of the state, particularly the Governor's Policy Research Office and the Department of Economic Development.

Laws 1983, LB 626, § 41.
Neb. Rev. Stat. § 38-2235 — NE Code / Chapter 71 / Section 38-2235
38-2235
Status: in_force

The board shall, through the executive director or other representative appointed by the board, survey all programs of nursing in the state at time intervals to be determined by the board through rules and regulations. Written reports of such surveys shall be submitted to the board. The board shall act on the report to grant or deny continuing approval of the program.

Laws 1953, c. 245, § 15(4), p. 844;

Laws 1975, LB 422, § 13;

Laws 1995, LB 563, § 27;

Laws 1999, LB 594, § 40;

R.S.1943, (2003), § 71-1,132.27;

Laws 2007, LB463, § 791.
Neb. Rev. Stat. § 42-1208 — NE Code / Chapter 42 / Section 42-1208
View Statute 42-1208
Status: in_force

The Secretary of State shall not make any records in a program participant's file available for inspection or copying, other than the substitute address designated by the Secretary of State, except under the following circumstances:

(1) If requested of the Secretary of State by the chief commanding officer of a law enforcement agency or the officer's designee in the manner provided for by rules and regulations adopted and promulgated by the Secretary of State;

(2) To a person identified in a court order upon the receipt by the Secretary of State of that court order which specifically orders the disclosure of a particular program participant's address and the reasons stated therefor; or

(3) To verify the participation of a specific program participant, in which case the Secretary of State may only confirm or deny information supplied by the requester.

Laws 2003, LB 228, § 8.
Neb. Rev. Stat. § 42-747.04 — NE Code / Chapter 42 / Section 42-747.04
View Statute 42-747.04
Status: in_force

A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child-support order not under the Convention may register that order in this state under sections 42-736 to 42-743 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or at another time. The petition must specify the grounds for modification.

Laws 2015, LB415, § 47.
Neb. Rev. Stat. § 44-3713 — NE Code / Chapter 44 / Section 44-3713
View Statute 44-3713
Status: in_force

Certificates of authority issued pursuant to sections 44-3701 to 44-3721 shall expire annually on April 30, unless sooner revoked or suspended. No certificate of authority shall be renewed by the director until the club has:

(1) Paid an annual certificate of authority fee of one hundred dollars; and

(2) Filed a copy of its most recent financial statement prepared in accordance with generally accepted accounting principles and certified by two principal officers of the club or, in the event the applicant is not a corporation, such other persons as the director may require.

Laws 1981, LB 113, § 13.
Neb. Rev. Stat. § 71-3003 — NE Code / Chapter 71 / Section 71-3003
View Statute 71-3003
Status: in_force

For purposes of the Nebraska Mental Health First Aid Training Act:

(1) Behavioral health regions means the behavioral health regions established pursuant to section 71-807 ; and

(2) Mental health first aid means the help provided to a person who is experiencing a mental health or substance abuse problem or in a mental health crisis before appropriate professional assistance or other supports are secured.

Laws 2014, LB901, § 4.
Neb. Rev. Stat. § 66-1417 — NE Code / Chapter 66 / Section 66-1417
View Statute 66-1417
Status: in_force

No person shall bring into this state in the fuel supply tanks of a qualified motor vehicle or in any other container, regardless of whether or not the supply tanks are connected to the motor of the vehicle, any motor fuels to be used in the operation of the vehicle in this state unless he or she has purchased a trip permit pursuant to section 66-1418 or paid or made arrangements in advance for payment of Nebraska motor fuels taxes on the gallonage consumed in operating the vehicle in this state.

Any person who brings into this state in the fuel supply tanks of a qualified motor vehicle motor fuels in violation of the International Fuel Tax Agreement Act shall be subject to an administrative penalty of one hundred dollars for each violation to be assessed and collected by the department or another state agency which may be contracted with to act as the department's agent for such purpose. All such penalties collected shall be remitted to the State Treasurer for credit to the Highway Cash Fund.

Laws 2004, LB 983, § 62.
Neb. Rev. Stat. § 38-2311 — NE Code / Chapter 38 / Section 38-2311
View Statute 38-2311
Status: in_force

Licensed practitioner means any podiatrist, dentist, physician, or osteopathic physician licensed to prescribe, diagnose, and treat as provided in the Uniform Credentialing Act.

Laws 1981, LB 379, § 9;

Laws 2000, LB 1115, § 34;

R.S.1943, (2003), § 71-1712;

Laws 2007, LB463, § 803.
Neb. Rev. Stat. § 25-522 — NE Code / Chapter 25 / Section 25-522
View Statute 25-522
Status: in_force

It shall be the lawful right of any plaintiff or petitioner in any suit, action or proceeding, pending or prosecuted in any of the courts of this state, in which it is necessary to publish in a newspaper any notice or copy of an order, growing out of, or connected with, such action or proceeding, either by himself or his attorney of record, to designate in what newspaper such notice or copy of order shall be published; and it shall be the duty of the judges of the district court, county judges, or any other officer charged with the duty of ordering, directing or superintending the publication of any of such notices, or copies of orders, to strictly comply with such designations when made in accordance with the provisions of this section.

Laws 1909, c. 94, § 1, p. 399;

R.S.1913, § 7645;

C.S.1922, § 8588;

C.S.1929, § 20-522;

R.S.1943, § 25-522.
Neb. Rev. Stat. § 29-1508 — NE Code / Chapter 29 / Section 29-1508
View Statute 29-1508
Status: in_force

An indictment for larceny may contain also a count for obtaining the same property by false pretenses, or a count for embezzlement thereof, and for receiving or concealing the same property, knowing it to have been stolen; and the jury may convict of either offense, and may find all or any of the persons indicted guilty of either of the offenses charged in the indictment.

G.S.1873, c. 58, § 419, p. 818;

R.S.1913, § 9057;

C.S.1922, § 10081;

C.S.1929, § 29-1508;

R.S.1943, § 29-1508.

Different felonies of same grade, subject to same punishment, may be charged in separate counts. Sheppard v. State, 104 Neb. 709, 178 N.W. 616 (1920).

Different felonies of same grade, subject to same punishment, may be charged in separate counts. Sheppard v. State, 104 Neb. 709, 178 N.W. 616 (1920).

Prosecution for receiving stolen property may be had in this state although property was stolen in another state. In prosecution for receiving stolen property, it is necessary to allege and prove that defendant knew that property was stolen. Egan v. State, 97 Neb. 731, 151 N.W. 237 (1915).

Prosecution for receiving stolen property may be had in this state although property was stolen in another state. In prosecution for receiving stolen property, it is necessary to allege and prove that defendant knew that property was stolen. Egan v. State, 97 Neb. 731, 151 N.W. 237 (1915).

Information for larceny may contain also a count for receiving the stolen property. Korab v. State, 93 Neb. 66, 139 N.W. 717 (1913); Brown v. State, 88 Neb. 411, 129 N.W. 545 (1911).

Information for larceny may contain also a count for receiving the stolen property. Korab v. State, 93 Neb. 66, 139 N.W. 717 (1913); Brown v. State, 88 Neb. 411, 129 N.W. 545 (1911).

Different criminal acts, part of same transaction, may be charged in same indictment. Lawhead v. State, 46 Neb. 607, 65 N.W. 779 (1896).

Different criminal acts, part of same transaction, may be charged in same indictment. Lawhead v. State, 46 Neb. 607, 65 N.W. 779 (1896).
Neb. Rev. Stat. § 8-230 — NE Code / Chapter 8 / Section 8-230
View Statute 8-230
Status: in_force

For purposes of the Nebraska Trust Company Act, unless the context otherwise requires:

(1) Agency capacity means a capacity resulting from an undertaking to act alone or jointly with others primarily as agent for another in all matters connected with its undertaking, including the capacities of registrar, paying agent, or transfer agent with respect to stocks, bonds, or other evidences of indebtedness of any corporation, association, municipality, state, or public authority, escrow agent, or agent for the investment of money or any other similar capacity;

(2) Branch trust office means an office of a trust company, other than the main or principal office of a trust company, at which a trust company may act in any fiduciary capacity or conduct any activity permitted under the Nebraska Trust Company Act;

(3) Fiduciary capacity means a capacity resulting from an undertaking to act alone or jointly with others primarily for the benefit of another in all matters connected with the undertaking and includes the capacities of trustee, including trustee of a common trust fund, administrator, personal representative, guardian of an estate, conservator, receiver, attorney in fact, and custodian and any other similar capacity;

(4) Representative trust office means an office at which a trust company does not act in any fiduciary capacity or conduct or engage in any activity related to its fiduciary capacities but may otherwise engage in any other activity permitted under the Nebraska Trust Company Act; and

(5) Trust company means any trust company which is incorporated under the laws of this state, any national banking association having its principal office in this state and authorized to conduct a trust company business as defined in the Nebraska Trust Company Act, any bank authorized to conduct a trust company business in a trust department pursuant to sections 8-159 to 8-162 , any federal savings association authorized to conduct a trust company business, and any federally chartered trust company.

Laws 1977, LB 338, § 1;

Laws 1986, LB 909, § 7;

Laws 1993, LB 81, § 49;

Laws 1998, LB 1321, § 51;

Laws 2012, LB963, § 10.
Neb. Rev. Stat. § 28-327.08 — NE Code / Chapter 28 / Section 28-327.08
View Statute 28-327.08
Status: in_force

Any action for civil remedies based on a failure to comply with the requirements of section 28-327 shall be commenced in accordance with section 25-222 or 44-2828 .

Laws 2010, LB594, § 7.
Neb. Rev. Stat. § 30-2337 — NE Code / Chapter 30 / Section 30-2337
View Statute 30-2337
Status: in_force

A will may dispose of property by reference to acts and events which have significance apart from their effect upon the dispositions made by the will, whether they occur before or after the execution of the will or before or after the testator's death. The execution or revocation of a will of another individual is such an event.

Laws 1974, LB 354, § 59, UPC § 2-512.
Neb. Rev. Stat. § 31-436.01 — NE Code / Chapter 31 / Section 31-436.01
View Statute 31-436.01
Status: in_force

When any drainage district organized under the provisions of sections 31-401 to 31-408 is comprised of territory located in more than one county and is inactive for a period of at least five years, as determined by resolution of the county board of the county in which such district was organized, the county board may initiate action for dissolution of the district in the manner provided in subsection (1) of section 31-436 . When any drainage district is dissolved as authorized in this section, any remaining funds of the district shall be distributed to the counties in which the district is situated in the same proportion as the area of the district in each county bears to the total area of the district, and shall be deposited in the general fund of the respective counties.

Laws 1967, c. 187, § 3, p. 513.
Neb. Rev. Stat. § 18-2450 — NE Code / Chapter 18 / Section 18-2450
View Statute 18-2450
Status: in_force

The provisions of sections 18-2451 to 18-2462 shall apply only to agencies created pursuant to sections 18-2426 to 18-2434 and shall not be construed to create any exceptions to the provisions of section 18-2449 .

Laws 1981, LB 132, § 50.
Neb. Rev. Stat. § 32-812 — NE Code / Chapter 32 / Section 32-812
View Statute 32-812
Status: in_force

The form of the official ballot at the statewide general election shall be prescribed by the Secretary of State. At the top of the ballot for general elections and over all else shall be printed in boldface type the words Official Ballot, General Election, November ........., 20.... . Each division containing the names of the office and a list of candidates nominated for such office shall be separated from other groups by a bold line. The ballot shall list at-large candidates and subdistrict candidates under appropriate headings.

Laws 1994, LB 76, § 233;

Laws 2004, LB 813, § 15.
Neb. Rev. Stat. § 29-742 — NE Code / Chapter 29 / Section 29-742
View Statute 29-742
Status: in_force

The arrest of a person may be lawfully made also by any peace officer or a private person, without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one year, but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against him under oath setting forth the ground for the arrest as in section 29-741 ; and thereafter his answer shall be heard as if he had been arrested on a warrant.

Laws 1963, c. 159, § 14, p. 563.
Neb. Rev. Stat. § 2-2308 — NE Code / Chapter 2 / Section 2-2308
View Statute 2-2308
Status: in_force

At the first meeting of the board, it shall elect a chairperson from among its members. The board shall meet at least once every three months and at such other times as called by the chairperson or by any three members of the board. The majority of the members of the board shall constitute a quorum for transaction of business. The affirmative vote of the majority of all members of the board shall be necessary for the adoption of rules and regulations.

Laws 1955, c. 5, § 8, p. 62;

Laws 1981, LB 11, § 27.