FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 52-144 — NE Code / Chapter 52 / Section 52-144
View Statute 52-144
Status: in_force

(1) A written waiver of construction lien rights signed by a claimant requires no consideration and is valid and binding, whether signed before or after the materials or services were contracted for or furnished. Ambiguities in a written waiver are construed against the claimant.

(2) A written waiver waives all construction lien rights of the claimant as to the improvement to which the waiver relates unless the waiver is specifically limited to a particular lien right or a particular portion of the services or materials furnished.

(3) A waiver of lien rights does not affect any contract rights of the claimant otherwise existing.

(4) Acceptance of a promissory note or other evidence of debt is not a waiver of lien rights unless the note or other instrument expressly so declares.

Laws 1981, LB 512, § 20.
Neb. Rev. Stat. § 25-2803 — NE Code / Chapter 24 / Section 25-2803
25-2803
Status: in_force

(1) Parties in the Small Claims Court may be individuals, partnerships, limited liability companies, corporations, unions, associations, or any other kind of organization or entity.

(2) No party shall be represented by an attorney in the Small Claims Court except as provided in sections 25-2804 and 25-2805 .

(3) An individual shall represent himself or herself in the Small Claims Court. A partnership shall be represented by a partner or one of its employees. A limited liability company shall be represented by a member, a manager, or one of its employees. A union shall be represented by a union member or union employee. A corporation shall be represented by one of its employees. An association shall be represented by one of its members or by an employee of the association. Any other kind of organization or entity shall be represented by one of its members or employees.

(4) Only a party, natural or otherwise, who has been a party to the transaction with the defendant for which the claim is brought may file and prosecute a claim in the Small Claims Court.

(5) No party may file an assigned claim in the Small Claims Court.

(6) No party shall file more than two claims within any calendar week nor more than ten claims in any calendar year in the Small Claims Court.

(7) Notwithstanding any other provision of this section, a personal representative of a decedent's estate, a guardian, or a conservator may be a party in the Small Claims Court.

Laws 1972, LB 1032, § 23;

Laws 1987, LB 77, § 1;

Laws 1987, LB 536, § 2;

R.S.Supp.,1988, § 24-523;

Laws 1993, LB 121, § 174;

Laws 2010, LB712, § 5;

Laws 2019, LB71, § 1.
Neb. Rev. Stat. § 44-920 — NE Code / Chapter 44 / Section 44-920
View Statute 44-920
Status: in_force

Nothing in sections 44-916 to 44-920 shall preempt or supersede existing state law related to medical records or health or insurance information privacy.

Laws 2001, LB 52, § 20.
Neb. Rev. Stat. § 19-904.01 — NE Code / Chapter 19 / Section 19-904.01
View Statute 19-904.01
Status: in_force

The use of a building, structure, or land, existing and lawful at the time of the adoption of a zoning regulation, or at the time of an amendment of a regulation, may, except as provided in this section, be continued, although such use does not conform with provisions of such regulation or amendment. Such use may be extended throughout the same building if no structural alteration of such building is proposed or made for the purpose of such extension. If such nonconforming use is in fact discontinued for a period of twelve months, such right to the nonconforming use shall be forfeited and any future use of the building and premises shall conform to the regulation. The city council or village board of trustees may provide in any zoning regulation for the restoration, reconstruction, extension, or substitution of nonconforming uses upon such terms and conditions as may be set forth in the zoning regulations. The city council or village board of trustees may, in any zoning regulation, provide for the termination of nonconforming uses, either by specifying the period or periods in which nonconforming uses shall be required to cease, or by providing a formula whereby the compulsory termination of a nonconforming use may be so fixed as to allow for the recovery of amortization of the investment in the nonconformance, except that in the case of a legally erected outdoor advertising sign, display, or device, no amortization schedule shall be used.

Laws 1967, c. 92, § 4, p. 285;

Laws 1975, LB 410, § 14;

Laws 1981, LB 241, § 3;

Laws 2019, LB193, § 71.

Where a zoning law provides for the termination of a legal, nonconforming use after it has been "discontinued" for a reasonable period, there is no requirement to show intent to abandon the nonconforming use. Rodehorst Bros. v. City of Norfolk Bd. of Adjustment, 287 Neb. 779, 844 N.W.2d 755 (2014).

Where a zoning law provides for the termination of a legal, nonconforming use after it has been "discontinued" for a reasonable period, there is no requirement to show intent to abandon the nonconforming use. Rodehorst Bros. v. City of Norfolk Bd. of Adjustment, 287 Neb. 779, 844 N.W.2d 755 (2014).
Neb. Rev. Stat. § 17-568.02 — NE Code / Chapter 17 / Section 17-568.02
View Statute 17-568.02
Status: in_force

Any municipal bidding procedure may be waived by the city council, village board of trustees, or board of public works (1) when materials or equipment are purchased at the same price and from the same seller as materials or equipment which have formerly been obtained pursuant to the state bidding procedure in the State Procurement Act, (2) when the contract is negotiated directly with a sheltered workshop pursuant to section 48-1503 , or (3) when required to comply with any federal grant, loan, or program.

Laws 1997, LB 238, § 4;

Laws 2011, LB335, § 4;

Laws 2017, LB133, § 194;

Laws 2024, LB461, § 21.

State Procurement Act, see section 73-801 .
Neb. Rev. Stat. § 25-1578 — NE Code / Chapter 25 / Section 25-1578
View Statute 25-1578
Status: in_force

The orders to judgment debtors and witnesses provided for in sections 25-1564 to 25-1580 shall be signed and filed by the judge making the same and shall be served in the same manner as a summons in other cases. The judge shall sign all such orders. Such orders shall be filed with the clerk of the court of the county in which the judgment is rendered or the transcript of the judgment filed, and the clerk shall enter on the record the date and time of filing the same.

R.S.1867, Code § 547, p. 489;

R.S.1913, § 8126;

C.S.1922, § 9062;

C.S.1929, § 20-1580;

R.S.1943, § 25-1578;

Laws 2018, LB193, § 28.
Neb. Rev. Stat. § 14-221 — NE Code / Chapter 14 / Section 14-221
View Statute 14-221
Status: in_force

It shall be the duty of the mayor of a city of the metropolitan class to:

(1) Enforce the laws of the state and the ordinances of the city;

(2) Order, direct, and enforce, through the officers of the police department, the arrest and prosecution of persons violating such laws and ordinances; and

(3) Cooperate with and assist the county sheriff in suppressing riots and mobs and in the arrest and prosecution of persons charged with crimes.

Laws 1921, c. 116, art. II, § 20, p. 430;

C.S.1922, § 3546;

C.S.1929, § 14-221;

R.S.1943, § 14-221;

Laws 2022, LB800, § 53.

Mayor is required to assist sheriff of county in certain cases. Barton v. City of Omaha, 180 Neb. 752, 145 N.W.2d 444 (1966).

Mayor is required to assist sheriff of county in certain cases. Barton v. City of Omaha, 180 Neb. 752, 145 N.W.2d 444 (1966).
Neb. Rev. Stat. § 66-1604 — NE Code / Chapter 66 / Section 66-1604
View Statute 66-1604
Status: in_force

Bulk means quantities of more than five thousand gallons.

Laws 1998, LB 699, § 4.
Neb. Rev. Stat. § 16-125 — NE Code / Chapter 16 / Section 16-125
View Statute 16-125
Status: in_force

All taxes, assessments, fines, licenses, fees, claims, and demands of every kind assessed or levied against persons or property within any village or city of the second class annexed under section 16-122 shall be paid to and collected by the city of the first class.

Laws 1969, c. 72, § 4, p. 395;

Laws 2016, LB704, § 12.
Neb. Rev. Stat. § 38-2607 — NE Code / Chapter 71 / Section 38-2607
38-2607
Status: in_force

The practice of optometry shall not be construed to:

(1) Include merchants or dealers who sell glasses as merchandise in an established place of business or who sell contact lenses from a prescription for contact lenses written by an optometrist or a person licensed to practice medicine and surgery and who do not profess to be optometrists or practice optometry;

(2) Restrict, expand, or otherwise alter the scope of practice governed by other statutes; or

(3) Include the performance by an optometric assistant, under the supervision of a licensed optometrist, of duties prescribed in accordance with rules and regulations adopted and promulgated by the department, with the recommendation of the board.

Laws 1927, c. 167, § 112, p. 487;

C.S.1929, § 71-1602;

R.S.1943, § 71-1,134;

Laws 1979, LB 9, § 2;

Laws 1998, LB 369, § 2;

Laws 2002, LB 1062, § 30;

R.S.1943, (2003), § 71-1,134;

Laws 2007, LB236, § 21;

Laws 2007, LB463, § 879.
Neb. Rev. Stat. § 15-101 — NE Code / Chapter 15 / Section 15-101
View Statute 15-101
Status: in_force

All cities having more than one hundred thousand and less than four hundred thousand inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census shall be known as cities of the primary class. The population of a city of the primary class shall consist of the people residing within the territorial boundaries of such city and the residents of any territory duly and properly annexed to such city.

Laws 1901, c. 16, § 1, p. 71;

R.S.1913, § 4404;

C.S.1922, § 3780;

C.S.1929, § 15-101;

R.S.1943, § 15-101;

Laws 1947, c. 50, § 2, p. 171;

Laws 1961, c. 58, § 2, p. 216;

Laws 1965, c. 85, § 2, p. 328;

Laws 1993, LB 726, § 4;

Laws 2017, LB113, § 7;

Laws 2022, LB820, § 3.

A city may put into its home rule charter any provisions that it deems proper so long as they do not run contrary to the Constitution or to any general statute. Eppley Hotels Co. v. City of Lincoln, 133 Neb. 550, 276 N.W. 196 (1937).

A city may put into its home rule charter any provisions that it deems proper so long as they do not run contrary to the Constitution or to any general statute. Eppley Hotels Co. v. City of Lincoln, 133 Neb. 550, 276 N.W. 196 (1937).

In matters relating exclusively to local and municipal affairs, home rule charter prevails over conflicting provisions in statute. Pester v. City of Lincoln, 127 Neb. 440, 255 N.W. 923 (1934).

In matters relating exclusively to local and municipal affairs, home rule charter prevails over conflicting provisions in statute. Pester v. City of Lincoln, 127 Neb. 440, 255 N.W. 923 (1934).

Home rule charter may not contravene Constitution or general statutes. Schroeder v. Zehrung, 108 Neb. 573, 188 N.W. 237 (1922).

Home rule charter may not contravene Constitution or general statutes. Schroeder v. Zehrung, 108 Neb. 573, 188 N.W. 237 (1922).

Classification is not special legislation although only one city in state falls within class. State ex rel. Pentzer v. Malone, 74 Neb. 645, 105 N.W. 893 (1905).

Classification is not special legislation although only one city in state falls within class. State ex rel. Pentzer v. Malone, 74 Neb. 645, 105 N.W. 893 (1905).

Act was not void as to tax commissioners, nor was it amendatory of state revenue law. State ex rel. Prout v. Aitken, 62 Neb. 428, 87 N.W. 153 (1901).

Act was not void as to tax commissioners, nor was it amendatory of state revenue law. State ex rel. Prout v. Aitken, 62 Neb. 428, 87 N.W. 153 (1901).
Neb. Rev. Stat. § 66-1609 — NE Code / Chapter 66 / Section 66-1609
View Statute 66-1609
Status: in_force

Manufacturer and distributor of liquefied petroleum gas equipment means any person engaged in manufacturing, assembling, and marketing appliances, containers, and products used in the liquefied petroleum gas industry and any person in the wholesale marketing of appliances, containers, and products used in the liquefied petroleum gas industry.

Laws 1998, LB 699, § 9.
Neb. Rev. Stat. § 50-112 — NE Code / Chapter 50 / Section 50-112
View Statute 50-112
Status: in_force

There shall be paid to each of the several officers, except the speaker, named in section 50-111 for their official services such salaries as shall be fixed by the Executive Board of the Legislative Council, unless otherwise directed by the Legislature.

Laws 1867, § 3, p. 85;

R.S.1913, § 3754;

Laws 1919, c. 118, § 1, p. 283;

C.S.1922, § 3147;

C.S.1929, § 50-113;

Laws 1937, c. 116, § 1, p. 418;

C.S.Supp.,1941, § 50-113;

R.S.1943, § 50-112;

Laws 1945, c. 120, § 1, p. 396;

Laws 1947, c. 346, § 1, p. 1091;

Laws 1951, c. 338, § 1, p. 1116;

Laws 1953, c. 358, § 1, p. 1136;

Laws 1955, c. 198, § 1, p. 563;

Laws 1957, c. 220, § 1, p. 759;

Laws 1959, c. 241, § 1, p. 829;

Laws 1959, c. 425, § 2, p. 1428;

Laws 1963, c. 304, § 2, p. 900;

Laws 1967, c. 328, § 7, p. 871;

Laws 1973, LB 82, § 1;

Laws 1973, LB 485, § 2.

If additional employees of Legislature are desired, statute must be so framed as to authorize their employment. State ex rel. Squires v. Wallichs, 14 Neb. 439, 16 N.W. 481 (1883).

If additional employees of Legislature are desired, statute must be so framed as to authorize their employment. State ex rel. Squires v. Wallichs, 14 Neb. 439, 16 N.W. 481 (1883).
Neb. Rev. Stat. § 59-1501 — NE Code / Chapter 59 / Section 59-1501
View Statute 59-1501
Status: in_force

Sections 59-1501 to 59-1518 shall be known and may be cited as the Unfair Cigarette Sales Act.

Laws 1965, c. 364, § 1, p. 1184.
Neb. Rev. Stat. § 25-1670 — NE Code / Chapter 25 / Section 25-1670
25-1670
Status: in_force

In any five-year period no person shall be required to:

(1) Serve as a petit juror for more than four calendar weeks, except if necessary to complete service in a particular case;

(2) Serve on more than one grand jury; or

(3) Serve as both a grand and petit juror.

Laws 1979, LB 234, § 16;

Laws 1980, LB 733, § 3;

R.S.1943, (2016), § 25-1639;

Laws 2020, LB387, § 27.
Neb. Rev. Stat. § 43-2203 — NE Code / Chapter 43 / Section 43-2203
View Statute 43-2203
Status: in_force

The department, its contracted providers of family finding services, and family members of children involved in cases which are part of the pilot project created in section 43-2204 shall participate in family finding. Family finding is the process of engagement, searching, preparation, planning, decisionmaking, lifetime network creation, healing, and permanency in order to:

(1) Search for and identify family members and engage them in planning and decisionmaking;

(2) Gain commitments from family members to support a child through nurturing relationships and to support the parent or parents, when appropriate; and

(3) Achieve a safe, permanent legal home or lifelong connection for the child, either through reunification or through permanent placement through legal guardianship or adoption.

Laws 2015, LB243, § 3.
Neb. Rev. Stat. § 29-2802 — NE Code / Chapter 29 / Section 29-2802
View Statute 29-2802
Status: in_force

It shall be the duty of the officer or person to whom such writ shall be directed to convey the person or persons so imprisoned or detained and named in such writ, before the judge allowing the same, or, in case of his absence or disability, before some other judge of the same court, on the day specified in such writ, and to make due return of the writ, together with the day and cause of caption and detention of such person, according to the command thereof.

G.S.1873, c. 58, § 354, p. 804;

R.S.1913, § 9248;

C.S.1922, § 10277;

C.S.1929, § 29-2802;

R.S.1943, § 29-2802.

A person to whom a writ of habeas corpus is directed makes response to the writ, not to petition therefor. In re Application of Tail, Tail v. Olson, 144 Neb. 820, 14 N.W.2d 840 (1944).

A person to whom a writ of habeas corpus is directed makes response to the writ, not to petition therefor. In re Application of Tail, Tail v. Olson, 144 Neb. 820, 14 N.W.2d 840 (1944).

When a child of age of 21 months is the subject of habeas corpus proceeding, it is not necessary that the child remain in the courtroom at all times, but the court may direct on what occasions, during the trial, it shall be brought into court. Kaufmann v. Kaufmann, 140 Neb. 299, 299 N.W. 617 (1941).

When a child of age of 21 months is the subject of habeas corpus proceeding, it is not necessary that the child remain in the courtroom at all times, but the court may direct on what occasions, during the trial, it shall be brought into court. Kaufmann v. Kaufmann, 140 Neb. 299, 299 N.W. 617 (1941).
Neb. Rev. Stat. § 64-401 — NE Code / Chapter 64 / Section 64-401
View Statute 64-401
Status: in_force

Sections 64-401 to 64-420 shall be known as the Online Notary Public Act.

Laws 2019, LB186, § 1;

Laws 2021, LB94, § 1.
Neb. Rev. Stat. § 49-1447 — NE Code / Chapter 49 / Section 49-1447
View Statute 49-1447
Status: in_force

(1) The committee treasurer shall keep detailed accounts, records, bills, and receipts necessary to substantiate the information contained in a statement or report filed pursuant to sections 49-1445 to 49-1479.02 or rules and regulations adopted and promulgated under the Nebraska Political Accountability and Disclosure Act.

(2)(a) For any committee other than a candidate committee, the committee treasurer shall be responsible for filing all statements and reports of the committee required to be filed under the act and shall be personally liable subject to section 49-1461.01 for any late filing fees, civil penalties, and interest that may be due under the act as a result of a failure to make such filings.

(b) For candidate committees, the candidate shall be responsible for filing all statements and reports required to be filed by his or her candidate committee under the Nebraska Political Accountability and Disclosure Act. The candidate shall be personally liable for any late filing fees, civil penalties, and interest that may be due under the act as a result of a failure to make such filings and may use funds of the candidate committee to pay such fees, penalties, and interest.

(3) The committee treasurer shall record the name and address of each person from whom a contribution is received except for contributions of fifty dollars or less received pursuant to subsection (2) of section 49-1472 .

(4) The records of a committee shall be preserved for five years and shall be made available for inspection as authorized by the commission.

(5) Any person violating this section shall be guilty of a Class III misdemeanor.

Laws 1976, LB 987, § 47;

Laws 1977, LB 41, § 41;

Laws 2000, LB 438, § 2;

Laws 2005, LB 242, § 13;

Laws 2013, LB79, § 8.

A candidate for an elective state office is responsible for filing all statements and reports required to be filed by his or her candidate committee pursuant to the Nebraska Political Accountability and Disclosure Act and the Campaign Finance Limitation Act. Nebraska Legislature on behalf of State v. Hergert, 271 Neb. 976, 720 N.W.2d 372 (2006).

A candidate for an elective state office is responsible for filing all statements and reports required to be filed by his or her candidate committee pursuant to the Nebraska Political Accountability and Disclosure Act and the Campaign Finance Limitation Act. Nebraska Legislature on behalf of State v. Hergert, 271 Neb. 976, 720 N.W.2d 372 (2006).
Neb. Rev. Stat. § 43-2702 — NE Code / Chapter 43 / Section 43-2702
View Statute 43-2702
Status: in_force

For purposes of the Nebraska Uniform Transfers to Minors Act:

(1) Adult means an individual who has attained the age of twenty-one years;

(2) Benefit plan means an employer's plan for the benefit of an employee, member, or partner;

(3) Broker means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of others;

(4) Conservator means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions;

(5) Court means the county court;

(6) Custodial property means (a) any interest in property transferred to a custodian under the Nebraska Uniform Transfers to Minors Act and (b) the income from and proceeds of that interest in property;

(7) Custodian means a person so designated under section 43-2710 or a successor or substitute custodian designated under section 43-2719 ;

(8) Financial institution means a bank, trust company, savings institution, or credit union, chartered and supervised under state or federal law;

(9) Legal representative means an individual's personal representative or conservator;

(10) Member of the minor's family means the minor's parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption;

(11) Minor means an individual who has not attained the age of twenty-one years;

(12) Person means an individual, corporation, limited liability company, organization, or other legal entity;

(13) Personal representative means an executor, administrator, successor personal representative, or special administrator of a decedent's estate or a person legally authorized to perform substantially the same functions;

(14) State means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States;

(15) Transfer means a transaction that creates custodial property under section 43-2710 ;

(16) Transferor means a person who makes a transfer under the Nebraska Uniform Transfers to Minors Act; and

(17) Trust company means a financial institution, corporation, limited liability company, or other legal entity, authorized to exercise general trust powers.

Laws 1992, LB 907, § 2;

Laws 1993, LB 121, § 218.
Neb. Rev. Stat. § 8-137 — NE Code / Chapter 8 / Section 8-137
View Statute 8-137
Status: in_force

No officer or employee of any bank shall certify any check drawn upon such bank unless the person, firm, or corporation drawing the check has on deposit with the bank at the time such check is certified an amount of credit, on the depositors' ledger of such bank, subject to the payment of such check, equal to the amount specified in such check. The amount of such check shall not be recoverable from the payee or holder except in case of fraud. Whenever a check drawn upon any bank is certified by any officer or employee of such bank, the amount of the check shall be immediately charged against the account of the person, firm, or corporation drawing the check.

Laws 1909, c. 10, § 39, p. 85;

R.S.1913, § 318;

Laws 1919, c. 190, tit. V, art. XVI, § 39, p. 701;

C.S.1922, § 8019;

C.S.1929, § 8-158;

R.S.1943, § 8-163;

Laws 1963, c. 29, § 37, p. 149;

Laws 2017, LB140, § 34.