FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 24-729 — NE Code / Chapter 24 / Section 24-729
View Statute 24-729
Status: in_force

The Supreme Court of Nebraska is empowered, with the consent of the retired judge, (1) to assign judges of the Supreme Court, Court of Appeals, and district court who are now retired or who may be retired hereafter to (a) sit in any court in the state to relieve congested trial dockets or to prevent the trial docket of such court from becoming congested or (b) sit for the judge of any court who may be incapacitated or absent for any reason whatsoever and (2) to assign any judge of the separate juvenile court, county court, or Nebraska Workers' Compensation Court who is now retired or who may be retired hereafter to (a) sit in any court having the same jurisdiction as one in which any such judge may have previously served to relieve congested trial dockets or to prevent the trial docket of any such court from becoming congested or (b) sit for the judge of any such court who may be incapacitated or absent for any reason. Any judge who has retired on account of disability may not be so assigned.

For purposes of sections 24-729 to 24-733 , retired judge shall include a judge who, before, on, or after March 31, 1993, has retired upon the attainment of age fifty-five and has elected to defer the commencement of his or her retirement annuity to a later date.

Laws 1974, LB 832, § 1;

Laws 1976, LB 296, § 1;

Laws 1979, LB 240, § 1;

Laws 1991, LB 732, § 39;

Laws 1993, LB 363, § 2;

Laws 2018, LB193, § 5.

The Nebraska Constitution clearly permits district court judges, retired or not, to act as associate Supreme Court judges when necessary for prompt submission and determination of causes. ConAgra, Inc. v. Cargill, Inc., 223 Neb. 92, 388 N.W.2d 458 (1986).

The Nebraska Constitution clearly permits district court judges, retired or not, to act as associate Supreme Court judges when necessary for prompt submission and determination of causes. ConAgra, Inc. v. Cargill, Inc., 223 Neb. 92, 388 N.W.2d 458 (1986).

This provision, which authorized the Supreme Court to assign retired district judges to sit in any court to relieve or prevent congested dockets, or to sit for a judge of any court who is incapacitated or absent, is not limited by article V, section 2, of the Nebraska Constitution, which expressly authorizes district judges to sit in specific cases. ConAgra, Inc. v. Cargill, Inc., 223 Neb. 92, 388 N.W.2d 458 (1986).

This provision, which authorized the Supreme Court to assign retired district judges to sit in any court to relieve or prevent congested dockets, or to sit for a judge of any court who is incapacitated or absent, is not limited by article V, section 2, of the Nebraska Constitution, which expressly authorizes district judges to sit in specific cases. ConAgra, Inc. v. Cargill, Inc., 223 Neb. 92, 388 N.W.2d 458 (1986).
Neb. Rev. Stat. § 66-712 — NE Code / Chapter 66 / Section 66-712
View Statute 66-712
Status: in_force

For purposes of the Compressed Fuel Tax Act and sections 66-482 to 66-4,149 , 66-501 to 66-531 , and 66-712 to 66-736 :

(1) Department means the Department of Revenue;

(2) Motor fuel means any fuel defined as motor vehicle fuel in section 66-482 , any fuel defined as diesel fuel in section 66-482 , and any fuel defined as compressed fuel in section 66-6,100 ;

(3) Motor fuel laws means the Compressed Fuel Tax Act and sections 66-482 to 66-4,149 , 66-501 to 66-531 , and 66-712 to 66-736 ; and

(4) Person means any individual, firm, partnership, limited liability company, company, agency, association, corporation, state, county, municipality, or other political subdivision. Whenever a fine, imprisonment, or both are prescribed or imposed in sections 66-712 to 66-736 , the word person as applied to a partnership, a limited liability company, or an association means the partners or members thereof.

Laws 1991, LB 627, § 107;

Laws 1993, LB 121, § 398;

Laws 1994, LB 1160, § 95;

Laws 1995, LB 182, § 52;

Laws 1996, LB 1218, § 19;

Laws 2004, LB 983, § 45;

Laws 2011, LB289, § 35;

Laws 2012, LB727, § 22;

Laws 2018, LB177, § 3;

Laws 2019, LB512, § 6.

Compressed Fuel Tax Act, see section 66-697 .
Neb. Rev. Stat. § 18-1755 — NE Code / Chapter 18 / Section 18-1755
View Statute 18-1755
Status: in_force

A city or village acquiring an interest in real property by purchase or eminent domain shall do so only after the governing body of such city or village has authorized the acquisition by action taken in a public meeting after notice and public hearing. The city or village shall provide to the public a right of access for recreational use to the real property acquired for public recreational purposes. Such access shall be at designated access points and shall be equal to the right of access for recreational use held by adjacent landowners. The right of access granted to the public for recreational use shall meet or exceed such right held by a private landowner adjacent to the real property.

Laws 1994, LB 188, § 3;

Laws 1994, LB 441, § 1;

Laws 2006, LB 1113, § 18;

Laws 2021, LB163, § 116.
Neb. Rev. Stat. § 31-334 — NE Code / Chapter 31 / Section 31-334
View Statute 31-334
Status: in_force

Whenever it shall appear to the satisfaction of the board of supervisors that the levy theretofore made will be insufficient to pay the cost of the improvement or to pay the interest and principal of the bonds which the district desires to issue to pay the cost of such improvement, and that therefor a supplemental assessment is necessary to be made as provided in section 31-332 , the board shall, by a resolution duly passed and entered in the record of its proceedings, declare the amount of such deficit and the purpose to which such supplemental assessment should be applied, and shall thereupon cause a supplemental assessment roll to be made, which shall apportion the amount necessary to be raised and declared as aforesaid upon the lands in the proportion of the former assessment, and shall set opposite each parcel of land (described by its legal description) the amount of such supplemental assessment expressed in dollars and cents. Upon such roll the real estate and the amounts of the several assessments may be described by current and usual abbreviations, if the board so desires. Thereupon the board shall proceed to enter judgment by confirmation upon such supplemental assessment roll, and such supplemental assessments shall be levied and certified in all respects as provided for herein. From time to time, and as often as occasion may arise, supplemental assessments may be levied as in this section provided. In the event that any supplemental assessment is levied before any bonds are issued by the district, it shall be divided into installments, payable when the installments of the first original assessment are payable, and shall be collected therewith, and together they shall constitute one fund against which drainage bonds may be issued as herein provided.

Laws 1909, c. 149, § 2, p. 529;

R.S.1913, § 1829;

C.S.1922, § 1776;

C.S.1929, § 31-433;

R.S.1943, § 31-334.
Neb. Rev. Stat. § 18-2122 — NE Code / Chapter 18 / Section 18-2122
View Statute 18-2122
Status: in_force

An authority shall have the right to acquire by the exercise of the power of eminent domain any real property which it may deem necessary for a redevelopment project or for its purposes under the Community Development Law after the adoption by it of a resolution declaring that the acquisition of the real property described therein is necessary for such purposes. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724 .

When an authority has found and determined by resolution that certain real property described therein is necessary for a redevelopment project or for its purposes under the Community Development Law, the resolution shall be conclusive evidence that the acquisition of such real property is necessary for the purposes described therein.

Laws 1951, c. 224, § 8, p. 810;

R.R.S.1943, § 14-1622;

Laws 1961, c. 61, § 11, p. 237;

R.R.S.1943, § 19-2622;

Laws 2018, LB874, § 20.

The taking of substandard or blighted areas by a city for redevelopment and resale in accordance with an approved redevelopment plan which is in conformity with a general plan for the municipality as a whole as provided for in these sections, is a proper public use for a municipality. Monarch Chemical Works, Inc. v. City of Omaha, 203 Neb. 33, 277 N.W.2d 423 (1979).

The taking of substandard or blighted areas by a city for redevelopment and resale in accordance with an approved redevelopment plan which is in conformity with a general plan for the municipality as a whole as provided for in these sections, is a proper public use for a municipality. Monarch Chemical Works, Inc. v. City of Omaha, 203 Neb. 33, 277 N.W.2d 423 (1979).
Neb. Rev. Stat. § 38-1415 — NE Code / Chapter 38 / Section 38-1415
View Statute 38-1415
Status: in_force

When the applicant has satisfied the department that he or she either has completed a full course of instruction in an accredited school of mortuary science or has completed all but the final semester of such course, the applicant shall be eligible to take the national standardized examination. The applicant shall pass such examination before beginning his or her twelve-month apprenticeship or the final six months thereof. When the applicant has satisfied the department that he or she has the qualifications specified in section 38-1416 , he or she shall be eligible to take the state jurisprudence and vital statistic forms examination. A grade of seventy-five or above on each part of the licensure examination shall be a passing grade.

Laws 1927, c. 167, § 94, p. 480;

C.S.1929, § 71-1303;

Laws 1931, c. 123, § 1, p. 356;

Laws 1937, c. 155, § 2, p. 613;

C.S.Supp.,1941, § 71-1303;

R.S.1943, § 71-196;

Laws 1955, c. 271, § 2, p. 853;

R.S.1943, (1990), § 71-196;

Laws 1993, LB 187, § 15;

R.S.1943, (2003), § 71-1303;

Laws 2007, LB463, § 551.
Neb. Rev. Stat. § 44-2125 — NE Code / Chapter 44 / Section 44-2125
View Statute 44-2125
Status: in_force

If an insurer ceases to control a subsidiary, it shall dispose of any investment made in the subsidiary pursuant to sections 44-2122 to 44-2124 within three years from the time of the cessation of control or within such further time as the director may prescribe unless, at any time after such investment has been made, such investment has met the requirements for investment under any other provision of Chapter 44 and the insurer has notified the director thereof.

Laws 1991, LB 236, § 6.
Neb. Rev. Stat. § 30-4311 — NE Code / Chapter 30 / Section 30-4311
View Statute 30-4311
Status: in_force

(UDTA 11) (a) Unless the terms of a trust provide otherwise:

(1) a trustee does not have a duty to:

(A) monitor a trust director; or

(B) inform or give advice to a settlor, beneficiary, trustee, or trust director concerning an instance in which the trustee might have acted differently than the director; and

(2) by taking an action described in subdivision (a)(1) of this section, a trustee does not assume the duty excluded by such subdivision.

(b) Unless the terms of a trust provide otherwise:

(1) a trust director does not have a duty to:

(A) monitor a trustee or another trust director; or

(B) inform or give advice to a settlor, beneficiary, trustee, or another trust director concerning an instance in which the director might have acted differently than a trustee or another trust director; and

(2) by taking an action described in subdivision (b)(1) of this section, a trust director does not assume the duty excluded by such subdivision.

Laws 2019, LB536, § 11.
Neb. Rev. Stat. § 46-312 — NE Code / Chapter 46 / Section 46-312
View Statute 46-312
Status: in_force

If at any time after the initial acquisition or establishment by any irrigation district of an electric light and power plant, lines, or systems the Chief Water Officer deems it to be practicable and expedient that additional plants, lines, or systems, or extensions or improvements of the existing electric light and power plant, lines, or systems, should be made by the district, and if the cost of such additions and extensions cannot be made or provided for by the application of unused funds derived from the operation of the existing electric light and power plant, lines, or systems or by the pledge or assignment of future net revenue as in sections 46-301 to 46-315 , then the board of directors may, and on the petition of not less than twenty-five percent of the qualified electors of the district shall, submit to the electors of the district at any general election or at any special election called for the purpose, the question and proposition of making such improvements, additions, or extensions and the issuance of bonds of the district to pay the cost thereof. A statement of the Chief Water Officer with reference to the expediency and feasibility of such proposed extension and addition shall be made by the Chief Water Officer to the irrigation district whenever requested by the board of directors of such district. Such election shall be held and the result thereof determined and declared in conformity with the provisions of law governing elections upon the proposition of the issuance of bonds of the district. Complete plans and a description of the proposed additions, improvements, changes, or extensions shall be prepared and kept on file in the main office of the district or of the board of the district, subject to inspection by any elector or other interested person, at all reasonable business hours during the period of publication of notice of such election. The ballots at such election shall conform, as nearly as practicable, with the requirements of section 46-305 .

Laws 1931, c. 91, § 12, p. 258;

C.S.Supp.,1941, § 46-712;

R.S.1943, § 46-312;

Laws 2000, LB 900, § 164;

Laws 2025, LB317, § 149.
Neb. Rev. Stat. § 64-201 — NE Code / Chapter 64 / Section 64-201
View Statute 64-201
Status: in_force

For the purposes of sections 64-201 to 64-210 , unless the context otherwise requires: Notarial acts means acts which the laws and regulations of this state authorize notaries public of this state to perform, including the administering of oaths and affirmations, taking proof of execution and acknowledgments of instruments, and attesting documents. Notarial acts may be performed outside this state for use in this state with the same effect as if performed by a notary public of this state by the following persons authorized pursuant to the laws and regulations of other governments in addition to any other person authorized by the laws and regulations of this state:

(1) A notary public authorized to perform notarial acts in the place in which the act is performed;

(2) A judge, clerk, or deputy clerk of any court of record in the place in which the notarial act is performed;

(3) An officer of the foreign service of the United States, a consular agent, or any other person authorized by regulation of the United States Department of State to perform notarial acts in the place in which the act is performed;

(4) A commissioned officer in active service with the armed forces of the United States and any other person authorized by regulation of the armed forces to perform notarial acts if the notarial act is performed for one of the following or his dependents: A merchant seaman of the United States, a member of the armed forces of the United States, or any other person serving with or accompanying the armed forces of the United States; or

(5) Any other person authorized to perform notarial acts in the place in which the act is performed.

Laws 1969, c. 523, § 1, p. 2139.

A notary public or other authorized officer should use a traditional jurat (long or short) to certify the administration of an oath or affirmation and employ an acknowledgment for documents requiring that type of proof. AVG Partners I v. Genesis Health Clubs, 307 Neb. 47, 948 N.W.2d 212 (2020).

A notary public or other authorized officer should use a traditional jurat (long or short) to certify the administration of an oath or affirmation and employ an acknowledgment for documents requiring that type of proof. AVG Partners I v. Genesis Health Clubs, 307 Neb. 47, 948 N.W.2d 212 (2020).
Neb. Rev. Stat. § 18-2120 — NE Code / Chapter 18 / Section 18-2120
View Statute 18-2120
Status: in_force

In carrying out a redevelopment project, an authority may: (1) Convey to the city in which the project is located, such real property as, in accordance with the redevelopment plan, is to be laid out into streets, alleys, and public ways; (2) grant servitudes, easements, and rights-of-way, for public utilities, sewers, streets, and other similar facilities, in accordance with the redevelopment plan; and (3) convey to the municipality, county, or other appropriate public body, such real property as, in accordance with the redevelopment plan, is to be used for parks, schools, public buildings, facilities, or other public purposes.

Laws 1951, c. 224, § 7(3), p. 809;

R.R.S.1943, § 14-1620;

R.R.S.1943, § 19-2620.
Neb. Rev. Stat. § 3-711 — NE Code / Chapter 3 / Section 3-711
View Statute 3-711
Status: in_force

The State of Nebraska does hereby covenant and agree with the holders of bonds issued by a joint authority that the state will not limit or alter the rights hereby vested in a joint authority to acquire, maintain, construct, reconstruct, and operate projects, to establish and collect such rates, rentals, tolls, charges, license fees, and other fees as may be convenient or necessary to produce sufficient revenue to meet the expense of maintenance and operation of such projects and to fulfill the terms of any agreements made with the holders of bonds of the joint authority. The state will also not in any way impair the rights and remedies of the bondholders until the bonds together with interest thereon and with interest on any unpaid installments of interest and all costs and expenses in connection with any action or proceedings by or on behalf of the bondholders are fully met and discharged. The provisions of sections 3-701 to 3-716 and of the proceedings authorizing bonds thereby shall constitute a contract with the holders of such bonds.

Laws 1969, c. 24, § 11, p. 215.
Neb. Rev. Stat. § 38-163 — NE Code / Chapter 38 / Section 38-163
View Statute 38-163
Status: in_force

(1) The members of each board shall be appointed for terms of five years except as otherwise provided in the Uniform Credentialing Act. No member shall be appointed for or serve for more than two consecutive full five-year terms except as otherwise specifically provided in the act.

(2) The term of each member shall commence on the first day of December following the expiration of the term of the member whom such person succeeds except as otherwise provided in the act.

Laws 1943, c. 150, § 8, p. 541;

R.S.1943, § 71-116;

Laws 1957, c. 298, § 10, p. 1079;

Laws 1963, c. 408, § 5, p. 1311;

Laws 1971, LB 587, § 4;

Laws 1978, LB 406, § 7;

Laws 1979, LB 297, § 3;

Laws 1979, LB 428, § 2;

Laws 1981, LB 451, § 4;

Laws 1983, LB 476, § 2;

Laws 1984, LB 481, § 12;

Laws 1985, LB 129, § 8;

Laws 1986, LB 286, § 34;

Laws 1986, LB 579, § 26;

Laws 1986, LB 926, § 7;

Laws 1987, LB 473, § 11;

Laws 1988, LB 1100, § 11;

Laws 1993, LB 669, § 9;

Laws 1994, LB 1210, § 19;

Laws 1994, LB 1223, § 5;

Laws 1999, LB 828, § 20;

Laws 2004, LB 1083, § 110;

R.S.Supp.,2006, § 71-116;

Laws 2007, LB463, § 63.
Neb. Rev. Stat. § 54-1181.01 — NE Code / Chapter 54 / Section 54-1181.01
View Statute 54-1181.01
Status: in_force

Any person engaging in livestock commerce at a licensed livestock auction market who violates any provision of sections 54-1180 and 54-1181 , or any rules or regulations duly promulgated thereunder, shall be guilty of a Class II misdemeanor.

Laws 1969, c. 454, § 3, p. 1545;

Laws 1977, LB 39, § 36.
Neb. Rev. Stat. § 54-2613 — NE Code / Chapter 54 / Section 54-2613
View Statute 54-2613
Status: in_force

Beginning February 15, 2000, a packer shall, two times each day during which swine are purchased, report to the department and to the United States Department of Agriculture, agricultural market service livestock news branch, all swine that are purchased in the cash, spot, or direct market since the last report. A packer shall, one time each day during which swine are purchased, report to the department and to the United States Department of Agriculture, agricultural market service livestock news branch, all swine that are purchased by contract that day. Such reports shall be completed on forms prepared by the department, in consultation with the agricultural market service livestock news branch, and shall include:

(1) The cash price paid and the number of swine purchased in the cash, spot, or direct market at price intervals representative of the day's trade;

(2) The base price paid and premium and discount payment adjustments for quality characteristics including grade, yield, and backfat;

(3) Base price and premium and discount factors for swine purchased using a formula-based pricing system; and

(4) The number of swine purchased under contract, in which the date of delivery is set for more than fourteen days after the making of the contract, and the base price to be paid or the formula that will be used to determine the base price to be paid.

The report shall not include information regarding the identity of a seller.

Laws 1999, LB 835, § 13.
Neb. Rev. Stat. § 55-175 — NE Code / Chapter 55 / Section 55-175
View Statute 55-175
Status: in_force

An owner, manager or employee of a hotel, restaurant, place of amusement or other establishment or place of business open to the public shall not refuse to admit or serve in the same manner and to the same extent as members of the general public are admitted and served a member of the National Guard wearing the prescribed uniform.

A person violating this section shall be guilty of a Class II misdemeanor.

Laws 1969, c. 459, § 73, p. 1605;

Laws 1977, LB 39, § 53.
Neb. Rev. Stat. § 38-2146 — NE Code / Chapter 38 / Section 38-2146
View Statute 38-2146
Status: in_force

Nothing in the Mental Health Practice Act shall be construed to require the State of Nebraska, any agency of the State of Nebraska, or any of the entities which operate under rules and regulations of a state agency, which employ or contract for the services of art therapists, to employ or contract with only persons certified pursuant to the act for the performance of any of the professional activities enumerated in section 38-2104.02 .

Laws 2024, LB605, § 22.
Neb. Rev. Stat. § 20-152 — NE Code / Chapter 20 / Section 20-152
View Statute 20-152
Status: in_force

Whenever a deaf or hard of hearing person is arrested and taken into custody for an alleged violation of state law or local ordinance, the appointing authority shall procure a licensed interpreter for any interrogation, warning, notification of rights, or taking of a statement, unless otherwise waived. No arrested deaf or hard of hearing person otherwise eligible for release shall be held in custody solely to await the arrival of a licensed interpreter. A licensed interpreter shall be provided as soon as possible. No written or oral answer, statement, or admission made by a deaf or hard of hearing person in reply to a question of any law enforcement officer or any other person having a prosecutorial function may be used against the deaf or hard of hearing person in any criminal proceeding unless (1) the statement was made or elicited through a licensed interpreter and was made knowingly, voluntarily, and intelligently or (2) the deaf or hard of hearing person waives his or her right to an interpreter and the waiver and statement were made knowingly, voluntarily, and intelligently. The right of a deaf or hard of hearing person to an interpreter may be waived only in writing. The failure to provide a licensed interpreter pursuant to this section shall not be a defense to prosecution for the violation for which the deaf or hard of hearing person was arrested.

Laws 1987, LB 376, § 3;

Laws 1997, LB 851, § 3;

Laws 2002, LB 22, § 3.