FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 17-108.02 — NE Code / Chapter 17 / Section 17-108.02
View Statute 17-108.02
Status: in_force

(1) All officers and employees of a city of the second class shall receive such compensation as the mayor and city council may fix at the time of their appointment or employment subject to the limitations set forth in this section.

(2) The city council may at its discretion by ordinance combine and merge any elective or appointive office or employment or any combination of duties of any such offices or employments, except mayor and city council member, with any other elective or appointive office or employment so that one or more of such offices or employments or any combination of duties of any such offices or employments may be held by the same officer or employee at the same time.

(3) The city manager in a city of the second class under the city manager plan of government as provided in the City Manager Plan of Government Act may in his or her discretion combine and merge any elective or appointive office or employment or any combination of duties of any such offices or employments, except mayor and city council member, with any other elective or appointive office or employment so that one or more of such offices or employments or any combination of duties of any such offices or employments may be held by the same officer or employee at the same time.

(4) The offices or employments merged and combined under subsection (2) or (3) of this section shall always be construed to be separate, and the effect of the combination or merger shall be limited to a consolidation of official duties only. The salary or compensation of the officer or employee holding the merged and combined offices or employments or offices and employments shall not be in excess of the maximum amount provided by law for the salary or compensation of the office, offices, employment, or employments so merged and combined.

(5) For purposes of this section, volunteer firefighters and ambulance drivers shall not be considered officers.

Laws 1879, § 7, p. 195;

Laws 1881, c. 23, § 2, p. 168;

Laws 1911, c. 16, § 1, p. 133;

R.S.1913, § 5000;

Laws 1919, c. 46, § 1, p. 130;

C.S.1922, § 4169;

C.S.1929, § 17-108;

Laws 1935, c. 36, § 3, p. 149;

C.S.Supp.,1941, § 17-108;

Laws 1943, c. 30, § 2, p. 140;

R.S.1943, § 17-108;

Laws 1945, c. 25, § 1, p. 135;

Laws 1947, c. 31, § 1(3), p. 140;

Laws 1972, LB 1145, § 2;

Laws 1984, LB 368, § 2;

Laws 1984, LB 682, § 7;

Laws 1990, LB 756, § 2;

Laws 1990, LB 931, § 3;

Laws 1991, LB 12, § 2;

Laws 1994, LB 76, § 492;

Laws 2017, LB133, § 7;

Laws 2019, LB193, § 6.

City Manager Plan of Government Act, see section 19-601 .
Neb. Rev. Stat. § 2-3746 — NE Code / Chapter 2 / Section 2-3746
View Statute 2-3746
Status: in_force

(1) The Governor shall appoint one grower member from each of the following four districts:

(a) District 1 which shall consist of the counties of Sioux, Dawes, Sheridan, and Box Butte;

(b) District 2 which shall consist of the county of Scotts Bluff;

(c) District 3 which shall consist of the counties of Banner, Morrill, Kimball, Cheyenne, Garden, and Deuel; and

(d) District 4 which shall consist of the remaining counties in which dry bean production occurs in the state.

(2) The commission shall appoint two grower members to the commission, one of whom resides within district 1 or 2 who shall represent districts 1 and 2 and one of whom resides within district 3 or 4 who shall represent districts 3 and 4. Members serving as representatives of such districts on May 18, 2011, shall continue as members of the commission until the end of their terms and until their successors are appointed and qualified and, except as provided in section 2-3748 , shall be eligible for reappointment.

(3) The three processor members of the commission shall be appointed by the Governor. Insofar as possible, the geographic locations of such appointed members shall be representative of the Nebraska dry bean industry. Any processor may place his or her name on a candidacy list for appointment by written notice to the commission.

Laws 1987, LB 145, § 12;

Laws 2011, LB394, § 2.
Neb. Rev. Stat. § 2-3253 — NE Code / Chapter 2 / Section 2-3253
View Statute 2-3253
Status: in_force

(1) A hearing on a proposed improvement project area, on altering the boundaries of an existing improvement project area, or on adopting a proposed project may be initiated by petition of landowners. All petitions filed with the board of the natural resources district must contain:

(a) A statement of the problem involved;

(b) A presentation of the project proposed;

(c) A description of the area to be affected by the project; and

(d) A request for a hearing.

(2) If there are twenty or less landowners in the improvement project area, then the signatures of at least one-fourth must be on the petition. If there are more than twenty, then the signature of ten landowners shall be sufficient. Any petition regarding a project which would provide a revenue-producing continuing service shall contain so many signatures of landowners as shall in the board's discretion indicate enough interest to generate sufficient revenue to recover any reimbursable costs should a project be authorized.

Laws 1969, c. 9, § 53, p. 131;

Laws 1973, LB 206, § 5;

Laws 2001, LB 136, § 2.
Neb. Rev. Stat. § 18-2141 — NE Code / Chapter 18 / Section 18-2141
View Statute 18-2141
Status: in_force

Any instrument executed by an authority and purporting to convey any right, title, or interest in any property under the Community Development Law shall be conclusive evidence of compliance with the Community Development Law insofar as title or other interest of any bona fide purchasers, lessees, or other transferees of such property is concerned.

Laws 1951, c. 224, § 19, p. 820;

R.R.S.1943, § 14-1641;

R.R.S.1943, § 19-2641;

Laws 2018, LB874, § 29.
Neb. Rev. Stat. § 23-299 — NE Code / Chapter 23 / Section 23-299
View Statute 23-299
Status: in_force

(1) If township organization is discontinued in any county, the town clerk in each town in such county, as soon as the county board is qualified pursuant to section 23-297 , shall deposit with the county clerk of the county all town records, papers, and documents pertaining to the affairs of such town and certify to the county clerk the amount of indebtedness of such town outstanding at the time of such discontinuance. The county board shall have full and complete power to settle all the unfinished business of the town as fully as might have been done by the town itself and to dispose of any and all property belonging to such town, the proceeds of which, after paying all indebtedness, shall be disposed of by the county board for the benefit of the taxable inhabitants thereof by such board crediting all unexpended balances of the town to the district road fund and in no other manner. The county board, at such time as provided by law, shall levy a tax upon the taxable property of such town to pay any unliquidated indebtedness it may have outstanding.

(2) If township organization is discontinued in any county with a township library, the county board shall hold a public hearing to determine if the township library shall (a) be disposed of, (b) merge with a city, village, or county library, or (c) continue operation. Such public hearing shall occur within one year after voters have approved the discontinuance of township organization. Notice of such hearing shall be published for two consecutive weeks in a newspaper of general circulation in the county. At the same time notice is first published, the county board shall provide notice of such hearing to the Nebraska Library Commission and the regional library system for the region in which the township library is located. No later than sixty days following such hearing, the county board shall adopt a resolution stating the disposition of the library and the effective date of such disposition prior to the discontinuance of township operation.

Laws 1885, c. 43, § 8, p. 237;

R.S.1913, § 1063;

C.S.1922, § 965;

C.S.1929, § 26-279;

R.S.1943, § 23-299;

Laws 1945, c. 42, § 5, p. 204;

Laws 2008, LB269, § 11;

Laws 2022, LB75, § 1.
Neb. Rev. Stat. § 39-1703 — NE Code / Chapter 39 / Section 39-1703
View Statute 39-1703
Status: in_force

The county board of any county and the governing authority of any city or village may acquire land owned, occupied, or controlled by the state or any state institution, board, agency, or commission, whenever such land is necessary to construct, reconstruct, improve, relocate, or maintain a county road or a city or village street or to provide adequate drainage for such roads or streets. The procedure for such acquisition shall, as nearly as possible, be that provided in sections 72-224.02 and 72-224.03 . Prior to taking any land for any such purposes, a certificate that the taking of such land is in the public interest must be obtained from the Governor and from the Department of Transportation and be filed in the office of the Department of Administrative Services and a copy thereof in the office of the Board of Educational Lands and Funds. The damages assessed in such proceedings shall be paid to the Board of Educational Lands and Funds and shall be remitted by that board to the State Treasurer for credit to the proper account.

Laws 1957, c. 155, art. IV, § 3, p. 542;

Laws 1969, c. 317, § 10, p. 1149;

Laws 2017, LB339, § 141.
Neb. Rev. Stat. § 66-1418 — NE Code / Chapter 66 / Section 66-1418
View Statute 66-1418
Status: in_force

A trip permit shall be issued before any person required to obtain a trip permit enters this state. The trip permit shall be issued by the director through Internet sales from the department's website. The trip permit shall be issued for a fee of twenty dollars and shall be valid for a period of seventy-two hours. The fee collected by the director shall be remitted to the State Treasurer for credit to the Highway Cash Fund.

Laws 2004, LB 983, § 63;

Laws 2013, LB250, § 2;

Laws 2016, LB667, § 1.
Neb. Rev. Stat. § 42-363 — NE Code / Chapter 42 / Section 42-363
View Statute 42-363
Status: in_force

No suit for divorce shall be heard or tried until sixty days after perfection of service of process, at which time the suit may be heard or tried and a decree may be entered.

Laws 1972, LB 820, § 17;

Laws 1974, LB 1015, § 3;

Laws 1989, LB 23, § 1.

The waiting period for obtaining a divorce is a jurisdictional requirement. A divorce decree entered after expiration of the 60-day waiting period but based upon evidence adduced at a hearing held prior to expiration of the waiting period is null and void. Wymore v. Wymore, 239 Neb. 940, 479 N.W.2d 778 (1992).

The waiting period for obtaining a divorce is a jurisdictional requirement. A divorce decree entered after expiration of the 60-day waiting period but based upon evidence adduced at a hearing held prior to expiration of the waiting period is null and void. Wymore v. Wymore, 239 Neb. 940, 479 N.W.2d 778 (1992).

If no attempt is made to have an appellate court review the decree within six months after it is entered, the decree becomes final. As such, it is res judicata as to the rights of the parties. Neither what the parties thought the judge meant nor what the judge thought he or she meant, after time for appeal has passed, is of any relevance. What the decree, as it became final, means as a matter of law as determined from the four corners of the decree is what is relevant. Neujahr v. Neujahr, 223 Neb. 722, 393 N.W.2d 47 (1986).

If no attempt is made to have an appellate court review the decree within six months after it is entered, the decree becomes final. As such, it is res judicata as to the rights of the parties. Neither what the parties thought the judge meant nor what the judge thought he or she meant, after time for appeal has passed, is of any relevance. What the decree, as it became final, means as a matter of law as determined from the four corners of the decree is what is relevant. Neujahr v. Neujahr, 223 Neb. 722, 393 N.W.2d 47 (1986).
Neb. Rev. Stat. § 25-1105 — NE Code / Chapter 25 / Section 25-1105
View Statute 25-1105
Status: in_force

All other issues of fact shall be tried by the court, subject to its power to order any issue or issues to be tried by a jury, or referred as provided in this code.

R.S.1867, Code § 281, p. 441;

R.S.1913, § 7844;

C.S.1922, § 8788;

C.S.1929, § 20-1105;

R.S.1943, § 25-1105.

Claims brought under this section may be equitable in nature, and in such case the court may submit questions of fact to the jury, but the jury's determination is only an advisory one. In re Estate of Layton, 212 Neb. 518, 323 N.W.2d 817 (1982).

Claims brought under this section may be equitable in nature, and in such case the court may submit questions of fact to the jury, but the jury's determination is only an advisory one. In re Estate of Layton, 212 Neb. 518, 323 N.W.2d 817 (1982).

Appeals in guardianship matters are heard de novo in Supreme Court. Cass v. Pense, 155 Neb. 792, 54 N.W.2d 68 (1952).

Appeals in guardianship matters are heard de novo in Supreme Court. Cass v. Pense, 155 Neb. 792, 54 N.W.2d 68 (1952).

Contest over sufficiency of election by widow to take under statute was triable de novo in Supreme Court. In re Estate of Bergren, 154 Neb. 289, 47 N.W.2d 582 (1951).

Contest over sufficiency of election by widow to take under statute was triable de novo in Supreme Court. In re Estate of Bergren, 154 Neb. 289, 47 N.W.2d 582 (1951).

In suits not triable by jury as of right, a verdict of a jury is advisory only. In re Guardianship of Warner, 137 Neb. 25, 288 N.W. 39 (1939).

In suits not triable by jury as of right, a verdict of a jury is advisory only. In re Guardianship of Warner, 137 Neb. 25, 288 N.W. 39 (1939).

Jury cannot be demanded on adverse possession issue in suit to quiet title. Krumm v. Pillard, 104 Neb. 335, 177 N.W. 171 (1920).

Jury cannot be demanded on adverse possession issue in suit to quiet title. Krumm v. Pillard, 104 Neb. 335, 177 N.W. 171 (1920).

Verdict in equity case on issue of fact is advisory only. Bank of Stockham v. Alter, 61 Neb. 359, 85 N.W. 300 (1901).

Verdict in equity case on issue of fact is advisory only. Bank of Stockham v. Alter, 61 Neb. 359, 85 N.W. 300 (1901).

Issues in equity causes are triable to the court without a jury. Smith v. Perry, 52 Neb. 738, 73 N.W. 282 (1897).

Issues in equity causes are triable to the court without a jury. Smith v. Perry, 52 Neb. 738, 73 N.W. 282 (1897).

Power of court of equity to obtain verdict of jury on issues of fact is preserved by the code. Omaha Fire Ins. Co. v. Thompson, 50 Neb. 580, 70 N.W. 30 (1897).

Power of court of equity to obtain verdict of jury on issues of fact is preserved by the code. Omaha Fire Ins. Co. v. Thompson, 50 Neb. 580, 70 N.W. 30 (1897).
Neb. Rev. Stat. § 21-1998 — NE Code / Chapter 21 / Section 21-1998
View Statute 21-1998
Status: in_force

Unless limited by its articles of incorporation, a corporation shall indemnify a director who was wholly successful, on the merits or otherwise, in the defense of any proceeding to which the director was a party because he or she is or was a director of the corporation against reasonable expenses actually incurred by the director in connection with the proceeding.

Laws 1996, LB 681, § 98.
Neb. Rev. Stat. § 38-1054 — NE Code / Chapter 71 / Section 38-1054
38-1054
Status: in_force

Tattooing means the process by which the skin is marked or colored by insertion of nontoxic dyes or pigments into or under the subcutaneous portion of the skin upon the body of a live human being so as to form indelible marks for decorative or figurative purposes.

Laws 2004, LB 906, § 16;

R.S.Supp.,2006, § 71-370.02;

Laws 2007, LB463, § 316.
Neb. Rev. Stat. § 19-5403 — NE Code / Chapter 19 / Section 19-5403
View Statute 19-5403
Status: in_force

The purposes of the Vacant Property Registration Act are to promote the health, safety, and welfare of Nebraska residents by providing authority for municipalities to enact vacant property registration ordinances. Such ordinances will allow communities to identify and register vacant properties, collect fees to compensate for the public costs of vacant properties, plan for the rehabilitation of vacant properties, and encourage the occupancy of vacant properties.

Laws 2018, LB256, § 3.
Neb. Rev. Stat. § 38-2826.03 — NE Code / Chapter 38 / Section 38-2826.03
View Statute 38-2826.03
Status: in_force

Medical gas device means a medical device associated with the administration of medical gas.

Laws 2009, LB604, § 5.
Neb. Rev. Stat. § 70-639 — NE Code / Chapter 70 / Section 70-639
View Statute 70-639
Status: in_force

The board of directors of the district may let the contract for such work or materials to the responsible bidder who submits the lowest and best bid or, in the sole discretion of the board, all bids tendered may be rejected, and readvertisement for bids made, in the manner, form, and time as provided in section 70-638 . In determining whether a bidder is responsible, the board may consider the bidder's financial responsibility, skill, experience, record of integrity, ability to furnish repairs and maintenance services, ability to meet delivery or performance deadlines, and whether the bid is in conformance with specifications. Consideration may also be given by the board of directors to the relative quality of supplies and services to be provided, the adaptability of machinery, apparatus, supplies, or services to be purchased to the particular uses required, to the preservation of uniformity, and the coordination of machinery and equipment with other machinery and equipment already installed. No such contract shall be valid nor shall any money of the district be expended thereunder unless advertisement and letting shall have been had as provided in this section and sections 70-637 and 70-638 .

Laws 1933, c. 86, § 10, p. 351;

C.S.Supp.,1941, § 70-710;

Laws 1943, c. 146, § 4, p. 524;

R.S.1943, § 70-639;

Laws 1951, c. 223, § 1, p. 795;

Laws 1955, c. 269, § 1, p. 848;

Laws 1981, LB 34, § 4.
Neb. Rev. Stat. § 30-2625 — NE Code / Chapter 30 / Section 30-2625
View Statute 30-2625
Status: in_force

(a) In a proceeding for the appointment of a guardian for a person alleged to be incapacitated or the removal of a guardian of a ward other than the appointment of a temporary guardian or temporary suspension of a guardian, notice of hearing shall be given to each of the following:

(1) The ward or the person alleged to be incapacitated and his or her spouse, parents, and adult children;

(2) Any person who is serving as guardian or conservator of the ward or who has care and custody of a person alleged to be incapacitated; and

(3) If no other person is notified under subdivision (1) of this subsection, at least one of the closest adult relatives of the ward or person alleged to be incapacitated, if any can be found.

(b) Notice which is appropriate to the circumstances of the ward or person alleged to be incapacitated shall be served personally at least fourteen days prior to the hearing on the ward or person alleged to be incapacitated and his or her spouse and parents if they can be found within the state. The court may require the petitioner to serve notice in alternative formats or with appropriate auxiliary aids and services if necessary to ensure equally effective communication with the ward or person alleged to be incapacitated, including, but not limited to, the use of braille, sign language, large print, reading aloud, or other reasonable accommodation for the known disabilities of the individual based on the allegations specified in the petition. Waiver of notice by the person alleged to be incapacitated shall not be effective unless he or she attends the hearing and the court determines that the waiver is appropriate.

(c) In addition to notifying him or her of the filing of the petition and the time and place of the hearing on the petition, the notice required to be served upon the person alleged to be incapacitated shall list the following rights of the person:

(1) The right to request the appointment of an attorney;

(2) The right to present evidence in his or her own behalf;

(3) The right to request that the power of the guardian, if appointed, be limited by the court;

(4) The right to be notified regarding how to contact the temporary guardian if a temporary guardian is appointed;

(5) The right to compel attendance of witnesses;

(6) The right to cross-examine witnesses, including the court-appointed physician;

(7) The right to appeal any final order; and

(8) The right to request a hearing closed to the public.

(d) If a temporary guardian has been appointed, the notice required in subsection (c) of this section shall include a notice of such appointment and of the right to request an expedited hearing pursuant to section 30-2626 .

Laws 1974, LB 354, § 243, UPC § 5-309;

Laws 1978, LB 650, § 38;

Laws 1982, LB 428, § 9;

Laws 1993, LB 782, § 8;

Laws 1997, LB 466, § 8.
Neb. Rev. Stat. § 53-171 — NE Code / Chapter 53 / Section 53-171
View Statute 53-171
Status: in_force

(1) No person licensed as a wholesaler of alcoholic liquor shall be permitted to receive any retail license at the same time. No person licensed as a manufacturer shall be permitted to receive any retail license at the same time except as set forth in subsection (2) of section 53-123.01 with respect to the manufacture, distribution, and retail sale of beer, and the Nebraska Liquor Control Act shall not be construed to permit the holder of a manufacturer's license issued pursuant to such subsection to engage in the wholesale distribution of alcoholic liquor. No person licensed as a retailer of alcoholic liquor shall be permitted to receive any manufacturer's or wholesale license at the same time.

(2) This section shall not apply to the holder of a farm winery license. The holder of a craft brewery license shall have the privileges and duties listed in section 53-123.14 with respect to the manufacture, distribution, and retail sale of beer, and except as provided in subsection (2) of section 53-123.14 , the Nebraska Liquor Control Act shall not be construed to permit the holder of a craft brewery license to engage in the wholesale distribution of beer. The holder of a microdistillery license shall have the privileges and duties listed in section 53-123.16 with respect to the manufacture of alcoholic liquor, and except as provided in subsection (2) of section 53-123.16 , the Nebraska Liquor Control Act shall not be construed to permit the holder of a microdistillery license to engage in the wholesale distribution of alcoholic liquor.

Laws 1935, c. 116, § 30, p. 397;

C.S.Supp.,1941, § 53-330;

R.S.1943, § 53-171;

Laws 1953, c. 182, § 1, p. 573;

Laws 1969, c. 441, § 4, p. 1478;

Laws 1985, LB 279, § 12;

Laws 1988, LB 1089, § 25;

Laws 1991, LB 344, § 56;

Laws 1996, LB 750, § 12;

Laws 2007, LB549, § 18;

Laws 2016, LB1105, § 26;

Laws 2022, LB1236, § 6;

Laws 2023, LB376, § 14.
Neb. Rev. Stat. § 32-821 — NE Code / Chapter 32 / Section 32-821
View Statute 32-821
Status: in_force

Before the opening of the polls the election commissioner, county clerk, or city or village clerk shall cause to be delivered to the judges of election at each polling place the proper number of ballots as provided for in section 32-807 . The ballots for each precinct shall be enclosed in a sealed packet marked with the proper designation of the precinct, and at the opening of the polls, the package of ballots shall be publicly broken by one of the judges of election. If for any cause the official ballots prepared by the election commissioner, county clerk, or city or village clerk are not ready for distribution at any polling place or if the supply of ballots is exhausted before the polls are closed, printed, copied, or written ballots which are as nearly as possible in the form of official ballots may be used.

Laws 1994, LB 76, § 242.