FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 2-262 — NE Code / Chapter 2 / Section 2-262
2-262
Status: in_force

Each county agricultural society may acquire, take, hold, and appropriate so much real estate as may be necessary for the purpose of holding county fairs. No appropriation of private property for the use of such society shall be made until full and just compensation therefor be first made to the owner thereof, and not more than forty acres shall be taken without the consent of the owner. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724 .

Laws 1879, § 13, p. 400;

R.S.1913, § 9;

Laws 1915, c. 9, § 1, p. 57;

C.S.1922, § 9;

C.S.1929, § 2-204;

R.S.1943, § 2-207;

Laws 1951, c. 101, § 25, p. 458;

R.S.1943, (1991), § 2-207;

Laws 1997, LB 469, § 13.

Section quoted in tracing history of act. Owen v. Main, 92 Neb. 258, 138 N.W. 154 (1912).

Section quoted in tracing history of act. Owen v. Main, 92 Neb. 258, 138 N.W. 154 (1912).
Neb. Rev. Stat. § 45-735 — NE Code / Chapter 45 / Section 45-735
View Statute 45-735
Status: in_force

(1) A mortgage loan originator shall be an employee or independent agent of a single licensed mortgage banker, registrant, or installment loan company that shall directly supervise, control, and maintain responsibility for the acts and omissions of the mortgage loan originator.

(2)(a) A mortgage loan originator shall not engage in mortgage loan origination activities at any location that is not a main office location of a licensed mortgage banker, registrant, or installment loan company or a branch office of a licensed mortgage banker or registrant. The licensed mortgage banker, registrant, or installment loan company shall designate the location or locations at which each mortgage loan originator is originating residential mortgage loans.

(b) The department may adopt and promulgate rules, regulations, and orders to authorize and regulate the use of remote work arrangements conducted outside of a main office location or branch office by employees or agents, including mortgage loan originators, of licensed mortgage bankers, registrants, or installment loan companies.

(3) Any licensed mortgage banker, registrant, or installment loan company who engages an independent agent as a mortgage loan originator shall maintain a written agency contract with such mortgage loan originator. Such written agency contract shall provide that the mortgage loan originator is originating loans exclusively for the licensed mortgage banker, registrant, or installment loan company.

(4) A licensed mortgage banker, registrant, or installment loan company that has hired a licensed mortgage loan originator as an employee or entered into an independent agent agreement with such licensed mortgage loan originator shall provide notification to the department as soon as reasonably possible after entering into such relationship, along with a fee of fifty dollars. The employing entity shall not allow the mortgage loan originator to conduct such activity in this state prior to such notification to the department and confirmation that the department has received notice of the termination of the mortgage loan originator's prior employment.

(5) A licensed mortgage banker, registrant, or installment loan company shall notify the department no later than ten days after the termination, whether voluntary or involuntary, of a mortgage loan originator unless the mortgage loan originator has previously notified the department of the termination.

Laws 2009, LB328, § 20;

Laws 2023, LB92, § 69.
Neb. Rev. Stat. § 60-2604 — NE Code / Chapter 60 / Section 60-2604
View Statute 60-2604
Status: in_force

Any wrecker or salvage dealer required to be licensed by the board pursuant to the Motor Vehicle Industry Regulation Act having possession on August 26, 1983, of a major component part shall include in his or her regular business records the information required to be recorded by subdivision (2) of section 60-2602 , to the extent such information is available.

Laws 1983, LB 234, § 24;

Laws 2010, LB816, § 88.

Motor Vehicle Industry Regulation Act, see section 60-1401 .
Neb. Rev. Stat. § 44-4609 — NE Code / Chapter 44 / Section 44-4609
View Statute 44-4609
Status: in_force

(1) A pharmacy benefit manager that reimburses a 340B entity or a 340B contract pharmacy for a drug that is subject to an agreement under 42 U.S.C. 256b shall not reimburse the 340B entity or the 340B contract pharmacy for the pharmacy-dispensed drug at a rate lower than that paid for the same drug to similarly situated pharmacies that are not 340B entities or 340B contract pharmacies, and shall not assess any fee, chargeback, or other adjustment upon the 340B entity or 340B contract pharmacy on the basis that the 340B entity or 340B contract pharmacy participates in the program set forth in 42 U.S.C. 256b.

(2) A pharmacy benefit manager shall not discriminate against a 340B entity or 340B contract pharmacy in a manner that prevents or interferes with a covered individual's choice to receive such drug from the corresponding 340B entity or 340B contract pharmacy.

(3) For purposes of this section:

(a) 340B contract pharmacy means any pharmacy under contract with a 340B entity to dispense drugs on behalf of such 340B entity; and

(b) 340B entity means an entity participating in the federal 340B drug discount program, as described in 42 U.S.C. 256b.

Laws 2022, LB767, § 9.
Neb. Rev. Stat. § 2-3601 — NE Code / Chapter 2 / Section 2-3601
View Statute 2-3601
Status: in_force

Sections 2-3601 to 2-3635 shall be known and may be cited as the Nebraska Corn Resources Act.

Laws 1978, LB 639, § 1;

Laws 1996, LB 1336, § 1.
Neb. Rev. Stat. § 9-424 — NE Code / Chapter 9 / Section 9-424
View Statute 9-424
Status: in_force

(1) Each applicant for a license to conduct a lottery or raffle shall file with the department an application on a form prescribed by the department. Each application shall include:

(a) The name and address of the applicant and, if the applicant is an individual, his or her social security number;

(b) Sufficient facts relating to the incorporation or organization of the applicant to enable the department to determine if the applicant is eligible for a license under section 9-423 ;

(c) The name and address of each officer of the applicant organization;

(d) The name, address, social security number, date of birth, and years of membership of a bona fide and active member of the applicant organization to be licensed as a utilization-of-funds member. Such person shall have been an active and bona fide member of the applicant organization for at least one year preceding the date the application is filed with the department unless the applicant organization can provide evidence that the one-year requirement would impose an undue hardship on the organization. Such person shall sign a sworn statement indicating that he or she agrees to comply with all provisions of the Nebraska Lottery and Raffle Act and all rules and regulations adopted pursuant to the act, that no commission, fee, rent, salary, profits, compensation, or recompense will be paid to any person or organization except payments authorized by the act, and that all net profits will be spent only for lawful purposes. The department may prescribe a separate application for such license;

(e) A roster of members, if the department deems it necessary and proper;

(f) Other information which the department deems necessary; and

(g) A thirty-dollar biennial license fee for the organization and a forty-dollar biennial license fee for each utilization-of-funds member.

(2) The information required by this section shall be kept current. An organization shall notify the department within thirty days if any information in the application is no longer correct and shall supply the correct information.

Laws 1986, LB 1027, § 145;

Laws 1994, LB 694, § 104;

Laws 1997, LB 752, § 68;

Laws 2007, LB638, § 13.
Neb. Rev. Stat. § 10-715 — NE Code / Chapter 10 / Section 10-715
View Statute 10-715
Status: in_force

The tax and funds so collected shall be deemed pledged and appropriated to the payment of the interest and principal of the registered bonds herein provided for, until fully satisfied, and the treasurer shall be liable on his official bond for the faithful disbursement of all money so collected or received by him. After the principal and interest of such bonds shall have been fully paid, and all obligations for which such fund and taxes were raised have been discharged, the county clerk, upon the order of the county board, shall notify the county treasurer to transfer all such funds remaining in his hands to the credit of the district to which they belong.

Laws 1879, § 17, p. 175;

Laws 1885, c. 82, § 1, p. 331;

R.S.1913, § 462;

C.S.1922, § 379;

C.S.1929, § 11-915;

R.S.1943, § 10-715.

Failure to make provision for transfer from general fund to building fund indicates legislative intent to withhold authority for such transfer. State ex rel. School Dist. v. Board of Equalization, 166 Neb. 785, 90 N.W.2d 421 (1958).

Failure to make provision for transfer from general fund to building fund indicates legislative intent to withhold authority for such transfer. State ex rel. School Dist. v. Board of Equalization, 166 Neb. 785, 90 N.W.2d 421 (1958).
Neb. Rev. Stat. § 43-282 — NE Code / Chapter 43 / Section 43-282
View Statute 43-282
Status: in_force

If a petition alleging a juvenile to be within the jurisdiction of the Nebraska Juvenile Code is filed in a county other than the county where the juvenile is presently living or domiciled, the court, at any time after adjudication and prior to final termination of jurisdiction, may transfer the proceedings to the county where the juvenile lives or is domiciled and the court having juvenile court jurisdiction therein shall thereafter have sole charge of such proceedings and full authority to enter any order it could have entered had the adjudication occurred therein.

All documents, social histories, and records, or certified copies thereof, on file with the court pertaining to the case shall accompany the transfer.

Laws 1981, LB 346, § 38;

Laws 1985, LB 447, § 24.

Because venue is immaterial in juvenile proceedings, a court should not grant a motion to dismiss based on an allegation of improper venue. Pursuant to the statutory language, a juvenile court should first hold an adjudication hearing, and after the adjudication hearing, it should determine whether it would be proper to transfer the proceedings to a court in the county where the juvenile resides. In re Interest of Breana M., 18 Neb. App. 910, 795 N.W.2d 660 (2011).

Because venue is immaterial in juvenile proceedings, a court should not grant a motion to dismiss based on an allegation of improper venue. Pursuant to the statutory language, a juvenile court should first hold an adjudication hearing, and after the adjudication hearing, it should determine whether it would be proper to transfer the proceedings to a court in the county where the juvenile resides. In re Interest of Breana M., 18 Neb. App. 910, 795 N.W.2d 660 (2011).

This section allows an adjudication proceeding to be filed in any county and allows for discretionary transfer, after adjudication, to the county where the juvenile is living or domiciled. In re Interest of Tegan V., 18 Neb. App. 857, 794 N.W.2d 190 (2011).

This section allows an adjudication proceeding to be filed in any county and allows for discretionary transfer, after adjudication, to the county where the juvenile is living or domiciled. In re Interest of Tegan V., 18 Neb. App. 857, 794 N.W.2d 190 (2011).

This section makes venue immaterial in addition to setting up a procedure for discretionary transfer. In re Interest of Tegan V., 18 Neb. App. 857, 794 N.W.2d 190 (2011).

This section makes venue immaterial in addition to setting up a procedure for discretionary transfer. In re Interest of Tegan V., 18 Neb. App. 857, 794 N.W.2d 190 (2011).
Neb. Rev. Stat. § 44-2409 — NE Code / Chapter 44 / Section 44-2409
View Statute 44-2409
Status: in_force

(1) The director shall:

(a) Notify the association of the existence of any insolvent insurer not later than three days after he or she receives notice of the determination of the insolvency and order of liquidation pursuant to the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act; and

(b) Upon request of the board of directors of the association, provide the association with a statement of the net direct written premiums of each member insurer.

(2) The director may:

(a) Suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this state of any member insurer that fails to pay an assessment when due, unless such payment was deferred by the association in the manner provided in the Nebraska Property and Liability Insurance Guaranty Association Act, or fails to comply with the plan of operation; and

(b) Revoke the designation of any servicing facility if he or she finds the claims are not being handled in good faith. Designation of a new servicing facility shall be accomplished in the manner set out in subdivision (1)(b) of section 44-2407 .

Laws 1971, LB 722, § 9;

Laws 1989, LB 319, § 73;

Laws 2019, LB380, § 5.

Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act, see section 44-4862 .
Neb. Rev. Stat. § 15-402 — NE Code / Chapter 15 / Section 15-402
View Statute 15-402
Status: in_force

Ordinances of a city of the primary class shall be passed pursuant to such rules and regulations as the city council may provide and may be proved by the certificate of the city clerk under seal of the city. The passage, approval, publication, or posting of ordinances shall be sufficiently proved by certificate of the city clerk under seal of the city showing when passed and approved, when and in what legal newspaper published, or when, by whom, and where the ordinance was posted. Ordinances printed or published in book, pamphlet, or electronic form, purporting to be published under authority of the city, shall be received in evidence in all courts without further proof. All such ordinances need not be otherwise published and shall be received in court as evidence of the passage, approval, and publication thereof, as required by law, and of the respective dates thereof.

Laws 1901, c. 16, § 127, p. 125;

R.S.1913, § 4511;

C.S.1922, § 3897;

C.S.1929, § 15-402;

R.S.1943, § 15-402;

Laws 2020, LB1003, § 99.

Courts will not enjoin passage of unauthorized ordinance. Chicago, R. I. & P. Ry. Co. v. City of Lincoln, 85 Neb. 733, 124 N.W. 142 (1910).

Courts will not enjoin passage of unauthorized ordinance. Chicago, R. I. & P. Ry. Co. v. City of Lincoln, 85 Neb. 733, 124 N.W. 142 (1910).
Neb. Rev. Stat. § 21-2304 — NE Code / Chapter 21 / Section 21-2304
View Statute 21-2304
Status: in_force

The articles of incorporation shall set forth: (1) The names and residences of the applicants together with a recital that each of them is an elector of and taxpayer in the local political subdivision, (2) the name of the corporation, (3) a recital that permission to organize the corporation has been granted by resolution duly adopted by the governing body of the local political subdivision and the date of the adoption of the resolution, (4) the location of the registered office of the corporation, which shall be in the local political subdivision, and the name of its current registered agent at such office, (5) the purposes for which the corporation is organized, (6) the number of directors of the corporation, (7) the period, if any, of duration of the corporation, and (8) any other matter which the applicants choose to insert in the articles of incorporation which is not inconsistent with the Nebraska Industrial Development Corporation Act or with the laws of this state. The articles of incorporation shall be subscribed and acknowledged before a notary public by each of the applicants.

Laws 1972, LB 1517, § 4;

Laws 1995, LB 494, § 4;

Laws 2008, LB379, § 21.
Neb. Rev. Stat. § 23-1309 — NE Code / Chapter 23 / Section 23-1309
View Statute 23-1309
Status: in_force

It shall be the duty of the county clerk in each county to keep in a separate book or books, entitled Discharge Record, a copy of all discharges or records of separation from active duty from the armed forces of the United States. Information contained in the Discharge Record shall be confidential and made available only to the veteran, county veterans service officer, or post service officer of a recognized veterans organization.

Laws 1921, c. 123, § 1, p. 533;

C.S.1922, § 4935;

C.S.1929, § 26-1012;

R.S.1943, § 23-1309;

Laws 1945, c. 50, § 1, p. 234;

Laws 1953, c. 60, § 1, p. 198;

Laws 1969, c. 166, § 1, p. 742;

Laws 2005, LB 54, § 4.
Neb. Rev. Stat. § 25-2231 — NE Code / Chapter 25 / Section 25-2231
View Statute 25-2231
Status: in_force

In serving all civil process and in doing his or her duties generally, when not otherwise restricted by law, the authority of a constable shall extend throughout the territory in which the judges of the county court who appointed him or her have jurisdiction, and in executing and serving process issued by courts inferior to the district court, he or she shall have and exercise the same authority and powers over goods and chattels and the persons or parties and in serving process as is granted by law to a sheriff under like process issued from courts of record. Any constable who shall knowingly perform or attempt to perform any official act outside of the territory in which the court which appointed him or her has jurisdiction shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than ten nor more than one hundred dollars or shall be imprisoned for not more than ten days.

Laws 1929, c. 82, art. XV, § 177, p. 324;

C.S.1929, § 22-1507;

R.S.1943, § 26-1,178;

R.S.1943, (1979), § 26-1,178;

Laws 1984, LB 13, § 42;

Laws 1988, LB 1030, § 12;

R.S.Supp.,1988, § 24-5,101.
Neb. Rev. Stat. § 70-648 — NE Code / Chapter 70 / Section 70-648
View Statute 70-648
Status: in_force

The board of directors of any district organized under or subject to Chapter 70, article 6, issuing revenue debentures, notes, warrants, or other evidences of indebtedness is hereby also authorized and empowered to agree and contract with the purchasers or holders thereof that in the event of default in the payment of interest on, or principal of, any such revenue debentures, notes, warrants, or other evidences of indebtedness, issued, or in the event of default in the performance of any duty or obligation under any agreement by such district, the holder or holders of such revenue debentures, notes, warrants, or other evidences of indebtedness then outstanding shall be entitled as a matter of right, upon application to a court of competent jurisdiction, to have appointed a receiver of the business and property of the district, including all tolls, rents, revenue, issues, income, receipts, profits, benefits, and additions derived, received or had thereof or therefrom, with power to operate and maintain such business and property, collect, receive, and apply all revenue, income, profits, and receipts arising therefrom, and prescribe rates, tolls, and charges, in the same way and manner as the district might do. Whenever all defaults in the payment of principal of, and interest on, such revenue debentures, notes, warrants, or other evidences of indebtedness, and any other defaults under any agreement made by the district, shall have been made good, such receiver shall be discharged by the court and shall therefor surrender control of the business and possession of the property in his or her hands to the district.

Laws 1937, c. 152, § 7, p. 587;

Laws 1939, c. 88, § 1, p. 382;

C.S.Supp.,1941, § 70-712;

Laws 1943, c. 146, § 6, p. 527;

R.S.1943, § 70-648;

Laws 1981, LB 181, § 25.
Neb. Rev. Stat. § 17-916 — NE Code / Chapter 17 / Section 17-916
View Statute 17-916
Status: in_force

If a petition opposing a resolution proposed under section 17-913 , signed by property owners representing a majority of the front footage which may become subject to assessment for the cost in any proposed lateral sewer district, be filed with the city clerk or village clerk within three days before the date of the meeting for the hearing on such resolution, such resolution shall not be passed.

Laws 1919, c. 189, § 4, p. 428;

C.S.1922, § 4340;

C.S.1929, § 17-531;

R.S.1943, § 17-916;

Laws 2017, LB133, § 251.

Ample opportunity is given to make objections to the creation of a sanitary sewer system. Jones v. Village of Farnam, 174 Neb. 704, 119 N.W.2d 157 (1963).

Ample opportunity is given to make objections to the creation of a sanitary sewer system. Jones v. Village of Farnam, 174 Neb. 704, 119 N.W.2d 157 (1963).

Special assessments, levied by the frontage rule, must be uniform and levied on abutting property only and must not exceed the local benefits conferred. Hurd v. Sanitary Sewer District No. 1 of Harvard, 109 Neb. 384, 191 N.W. 438 (1922).

Special assessments, levied by the frontage rule, must be uniform and levied on abutting property only and must not exceed the local benefits conferred. Hurd v. Sanitary Sewer District No. 1 of Harvard, 109 Neb. 384, 191 N.W. 438 (1922).
Neb. Rev. Stat. § 28-1426 — NE Code / Chapter 28 / Section 28-1426
View Statute 28-1426
Status: in_force

All money collected as license fees under the provisions of sections 28-1420 to 28-1429 , shall be paid over by the clerk or finance director receiving it to the treasurer of the school fund for the particular city, town, village or county, as the case may be.

Laws 1919, c. 180, § 7, p. 403;

C.S.1922, § 9855;

C.S.1929, § 28-1029;

R.S.1943, § 28-1028;

Laws 1961, c. 128, § 3, p. 380;

R.R.S.1943, § 28-1028, (1975).
Neb. Rev. Stat. § 30-4610 — NE Code / Chapter 30 / Section 30-4610
View Statute 30-4610
Status: in_force

A donor may revoke or amend a power of appointment only to the extent that:

(1) the instrument creating the power is revocable by the donor; or

(2) the donor reserves a power of revocation or amendment in the instrument creating the power of appointment.

Laws 2021, LB501, § 33.
Neb. Rev. Stat. § 13-1310 — NE Code / Chapter 23 / Section 13-1310
13-1310
Status: in_force

The bonds, notes, obligations or liabilities of a commission shall not be a debt of the State of Nebraska or of the city or county for which the commission is established and neither the state, city, nor the county shall be liable thereon or therefor, nor shall such bonds, notes, obligations or liabilities be payable out of any money other than the money of the commission issuing or incurring the same.

Laws 1971, LB 1003, § 10;

R.S.1943, (1983), § 23-2610.
Neb. Rev. Stat. § 44-502.04 — NE Code / Chapter 44 / Section 44-502.04
View Statute 44-502.04
Status: in_force

The provisions of sections 44-502.01 to 44-502.04 shall not apply to any insurance contract issued before August 30, 1981, unless the policyholder agrees in writing to the applicability of such provisions. Any such agreement shall be void unless it is entered into by the policyholder voluntarily and following full disclosure of its effects pursuant to the rules and regulations of the Department of Insurance.

Laws 1981, LB 355, § 17;

Laws 1989, LB 92, § 121.
Neb. Rev. Stat. § 43-3905 — NE Code / Chapter 43 / Section 43-3905
View Statute 43-3905
Status: in_force

(a) A petition under the Uniform Child Abduction Prevention Act may be filed only in a court that has jurisdiction to make a child custody determination with respect to the child at issue under the Uniform Child Custody Jurisdiction and Enforcement Act.

(b) A court of this state has temporary emergency jurisdiction under section 43-1241 if the court finds a credible risk of abduction.

Laws 2007, LB341, § 5.

Uniform Child Custody Jurisdiction and Enforcement Act, see section 43-1226 .