FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 44-405 — NE Code / Chapter 44 / Section 44-405
View Statute 44-405
Status: in_force

(1) In the case of those policies issued prior to the operative date defined in section 44-407.07 (the Standard Nonforfeiture Law), the loan value referred to in provision (8) of section 44-502 shall be the reserve at the end of the current policy year on the policy and on any dividend additions thereto, less a sum not more than two and one-half percent of the amount insured by the policy and of any undivided additions thereto. The policy shall specify the mortality table and the rate of interest adopted for computing such reserve and may provide that such loan may be deferred for not exceeding six months after the application therefor is made.

(2) In the case of policies issued on or after the operative date defined in section 44-407.07 (the Standard Nonforfeiture Law), the loan value referred to in provision (8) of section 44-502 shall be the cash surrender value at the end of the current policy year as required by sections 44-407 to 44-407.09 . The company shall reserve the right to defer such loan, except when made to pay premiums, for six months after application therefor is made.

(3) This section shall not apply to term insurances.

Laws 1943, c. 106, § 6, p. 367;

R.S.1943, § 44-405;

Laws 1965, c. 262, § 2, p. 735.
Neb. Rev. Stat. § 25-1216 — NE Code / Chapter 25 / Section 25-1216
View Statute 25-1216
Status: in_force

When an instrument consists partly of written and partly of printed form, the former controls the latter, where the two are inconsistent.

R.S.1867, Code § 340, p. 451;

R.S.1913, § 7908;

C.S.1922, § 8850;

C.S.1929, § 20-1216;

R.S.1943, § 25-1216.

Commercial paper, see section 3-114 , Uniform Commercial Code.

In a typed contract, writing subsequent to the typing controls where there is a conflict between the typed and written provisions thereof. Spencer-O'Neill House, Inc. v. Denbeck, 196 Neb. 456, 243 N.W.2d 767 (1976).

In a typed contract, writing subsequent to the typing controls where there is a conflict between the typed and written provisions thereof. Spencer-O'Neill House, Inc. v. Denbeck, 196 Neb. 456, 243 N.W.2d 767 (1976).

Typewriting controls printed form where two are inconsistent. Jacobsen v. Farnham, 155 Neb. 776, 53 N.W.2d 917 (1952).

Typewriting controls printed form where two are inconsistent. Jacobsen v. Farnham, 155 Neb. 776, 53 N.W.2d 917 (1952).

Typewriting is writing within the contemplation of the statute. Mack Investment Co. v. Dominy, 140 Neb. 709, 1 N.W.2d 295 (1941); New Masonic Temple Assn. v. Globe Indemnity Co., 134 Neb. 731, 279 N.W. 475 (1938).

Typewriting is writing within the contemplation of the statute. Mack Investment Co. v. Dominy, 140 Neb. 709, 1 N.W.2d 295 (1941); New Masonic Temple Assn. v. Globe Indemnity Co., 134 Neb. 731, 279 N.W. 475 (1938).

Sewer contractor could recover for sheeting lumber left in trench by city engineer's order, where payment was provided for in specifications, though contract provided no extras would be allowed for sheeting left in trench. Petersen v. City of Omaha, 120 Neb. 219, 231 N.W. 763 (1930).

Sewer contractor could recover for sheeting lumber left in trench by city engineer's order, where payment was provided for in specifications, though contract provided no extras would be allowed for sheeting left in trench. Petersen v. City of Omaha, 120 Neb. 219, 231 N.W. 763 (1930).

Where first paragraph of conditions of builder's bond is in typewriting complete within itself, and inconsistent provisions are in fine print as part of blank form evidently not intended to be used, typewritten part controls. American Surety Co. v. School Dist. No. 64 of Douglas Co., 117 Neb. 6, 219 N.W. 583 (1928).

Where first paragraph of conditions of builder's bond is in typewriting complete within itself, and inconsistent provisions are in fine print as part of blank form evidently not intended to be used, typewritten part controls. American Surety Co. v. School Dist. No. 64 of Douglas Co., 117 Neb. 6, 219 N.W. 583 (1928).

Where printed part of land contract says "good title of record," but typewritten part says "title satisfactory to attorney" of purchaser, latter prevails. Flower v. Coe, 111 Neb. 296, 196 N.W. 139 (1923).

Where printed part of land contract says "good title of record," but typewritten part says "title satisfactory to attorney" of purchaser, latter prevails. Flower v. Coe, 111 Neb. 296, 196 N.W. 139 (1923).
Neb. Rev. Stat. § 38-119 — NE Code / Chapter 38 / Section 38-119
View Statute 38-119
Status: in_force

Profession means any profession or occupation named in subsection (1) or (2) of section 38-121 .

Laws 2007, LB463, § 19.
Neb. Rev. Stat. § 21-296 — NE Code / Chapter 21 / Section 21-296
View Statute 21-296
Status: in_force

(MBCA 8.21) (a) Except to the extent that the articles of incorporation or bylaws require that action by the board of directors be taken at a meeting, action required or permitted by the Nebraska Model Business Corporation Act to be taken by the board of directors may be taken without a meeting if each director signs a consent describing the action to be taken and delivers it to the corporation.

(b) Action taken under this section is the act of the board of directors when one or more consents signed by all the directors are delivered to the corporation. The consent may specify the time at which the action taken thereunder is to be effective. A director's consent may be withdrawn by a revocation signed by the director and delivered to the corporation prior to delivery to the corporation of unrevoked written consents signed by all the directors.

(c) A consent signed under this section has the effect of action taken at a meeting of the board of directors and may be described as such in any document.

Laws 2014, LB749, § 96.
Neb. Rev. Stat. § 23-174.07 — NE Code / Chapter 23 / Section 23-174.07
View Statute 23-174.07
Status: in_force

No resolution which deals with the acquisition, extension, widening, narrowing, removal, vacation, abandonment, sale or other change relating to any public way, transportation, route, ground, open space, building, or structure, or other public improvement of a character included in the comprehensive plan, the subject matter of which has not been reported on by the planning department under the provisions of section 23-174.06 , shall be adopted by the county board until such resolution shall first have been referred to the planning department and that department has reported regarding conformity of the proposed action with the comprehensive plan. The department's report shall specify the character and degree of conformity or nonconformity of each proposed action to the comprehensive plan, and a report in writing thereon shall be rendered to the county board within thirty days after the date of receipt of the referral unless a longer period is granted by the county board. If the department fails to render any such report within the allotted time, the approval of the department may be presumed by the county board.

Laws 1961, c. 87, § 12, p. 305.
Neb. Rev. Stat. § 38-189 — NE Code / Chapter 71 / Section 38-189
38-189
Status: in_force

Notice of the filing of a petition pursuant to section 38-186 and of the time and place of hearing shall be served upon the credential holder at least ten days before the hearing. The notice may be served by any method specified in section 25-505.01 , or the director may permit substitute or constructive service as provided in section 25-517.02 when service cannot be made with reasonable diligence by any of the methods specified in section 25-505.01 .

Laws 1927, c. 167, § 53, p. 468;

C.S.1929, § 71-608;

R.S.1943, § 71-154;

Laws 1986, LB 286, § 51;

Laws 1986, LB 579, § 43;

Laws 1991, LB 456, § 13;

Laws 1994, LB 1210, § 32;

R.S.1943, (2003), § 71-154;

Laws 2007, LB463, § 89.
Neb. Rev. Stat. § 71-1917.01 — NE Code / Chapter 71 / Section 71-1917.01
View Statute 71-1917.01
Status: in_force

Blankets shall not be used in cribs in any child care facility.

Laws 2024, LB874, § 6.
Neb. Rev. Stat. § 21-302 — NE Code / Chapter 21 / Section 21-302
View Statute 21-302
Status: in_force

The biennial report required under section 21-301 from a domestic corporation shall show:

(1) The exact corporate name of the corporation;

(2) The street address of the corporation's registered office and the name of its current registered agent at that office in this state. A post office box number may be provided in addition to the street address;

(3) The street address of the corporation's principal office;

(4) The names and street addresses of the corporation's directors and principal officers, which shall include the president, secretary, and treasurer;

(5) A brief description of the nature of the corporation's business;

(6) The amount of paid-up capital stock; and

(7) The change or changes, if any, in the above particulars made since the last biennial report.

Laws 1913, c. 240, § 2, p. 745;

R.S.1913, § 762;

C.S.1922, § 680;

C.S.1929, § 24-1702;

R.S.1943, § 21-302;

Laws 1967, c. 101, § 2, p. 309;

Laws 1995, LB 109, § 195;

Laws 2003, LB 524, § 2;

Laws 2008, LB379, § 2;

Laws 2014, LB749, § 239.
Neb. Rev. Stat. § 44-774 — NE Code / Chapter 44 / Section 44-774
View Statute 44-774
Status: in_force

Certified shall mean approved by the Division of Behavioral Health of the Department of Health and Human Services to render specific types or levels of care to the person suffering from the disease of alcoholism.

Laws 1980, LB 646, § 6;

Laws 1995, LB 275, § 4;

Laws 1996, LB 1044, § 239;

Laws 2004, LB 1083, § 97;

Laws 2007, LB296, § 176.
Neb. Rev. Stat. § 19-2413 — NE Code / Chapter 19 / Section 19-2413
View Statute 19-2413
Status: in_force

On the completion and acceptance of the improvement or improvements made under the Combined Improvement Act, the mayor and city council or the village board of trustees may cause special assessments to be levied against the property in the district specially benefited by the improvement or improvements to the extent that such property is specially benefited in the manner and form provided for levying special assessments for street improvements under the provisions of sections 16-617 to 16-655 or 17-509 to 17-515 , and the special assessments shall mature and bear interest the same as provided for special assessments for paving.

Laws 1961, c. 64, § 6, p. 254;

Laws 2019, LB193, § 152.
Neb. Rev. Stat. § 14-372 — NE Code / Chapter 14 / Section 14-372
View Statute 14-372
Status: in_force

Whenever property is acquired for the purpose of constructing or enlarging waterworks, gas plants, or other municipal utility purposes or enterprises authorized under section 14-366 , such property shall be paid for from such funds as may be provided for any such purposes. The title to such property shall be held by the city after condemnation proceedings have been completed and the amount awarded has been paid by the city.

Laws 1921, c. 116, art. III, § 57, p. 460;

C.S.1922, § 3610;

C.S.1929, § 14-358;

R.S.1943, § 14-372;

Laws 1951, c. 101, § 36, p. 462;

Laws 2022, LB800, § 82.

Owner whose land is condemned is not required to look to the fund sought to be raised by special assessment for payment of his damages. City of Omaha v. State ex rel. Metzger, 69 Neb. 29, 94 N.W. 979 (1903).

Owner whose land is condemned is not required to look to the fund sought to be raised by special assessment for payment of his damages. City of Omaha v. State ex rel. Metzger, 69 Neb. 29, 94 N.W. 979 (1903).

Judgment against city for value of land vests title to land in city. City of Omaha v. Redick, 61 Neb. 163, 85 N.W. 46 (1901).

Judgment against city for value of land vests title to land in city. City of Omaha v. Redick, 61 Neb. 163, 85 N.W. 46 (1901).

Right of landowner to condemnation money accrues immediately upon termination of condemnation proceedings and taking possession of land by city. Spalding v. City of Omaha, 4 Neb. Unof. 447, 94 N.W. 714 (1903).

Right of landowner to condemnation money accrues immediately upon termination of condemnation proceedings and taking possession of land by city. Spalding v. City of Omaha, 4 Neb. Unof. 447, 94 N.W. 714 (1903).
Neb. Rev. Stat. § 15-207 — NE Code / Chapter 15 / Section 15-207
View Statute 15-207
Status: in_force

A city of the primary class shall have the power, by ordinance, to regulate the transportation of articles through the streets, to prevent injuries to the streets from overloaded vehicles, and to provide for a vehicle license or tax.

Laws 1901, c. 16, § 129, VIII, p. 129;

Laws 1905, c. 16, § 11, p. 212;

R.S.1913, § 4420;

C.S.1922, § 3804;

C.S.1929, § 15-207;

R.S.1943, § 15-207;

Laws 2020, LB1003, § 26.
Neb. Rev. Stat. § 37-1729 — NE Code / Chapter 37 / Section 37-1729
View Statute 37-1729
Status: in_force

(1) Before the construction manager begins any construction services, the commission shall:

(a) Conduct an independent cost estimate for the project; and

(b) Conduct contract negotiations with the construction manager to develop a construction manager-general contractor contract for construction services.

(2) If the construction manager and the commission are unable to negotiate a contract, the commission may use other contract procurement processes as provided by law. Persons or organizations who submitted proposals but were unable to negotiate a contract with the commission shall be eligible to compete in the other contract procurement processes.

Laws 2018, LB775, § 30.
Neb. Rev. Stat. § 31-782 — NE Code / Chapter 31 / Section 31-782
View Statute 31-782
Status: in_force

The petition described in section 31-781 shall be filed with the city or village clerk and shall be deemed received by the city council of the city or board of trustees of the village on the date upon which it is presented to the clerk. Following the filing of the petition, the district shall respond promptly and fully to all requests by the city or village for information with regard to any matter relevant to annexation.

Laws 1993, LB 210, § 2.
Neb. Rev. Stat. § 3-407 — NE Code / Chapter 3 / Section 3-407
View Statute 3-407
Status: in_force

All structures outside the corporate limits of cities and villages, exceeding a height of two hundred feet above the surface of the ground, and all structures within the corporate limits of cities and villages exceeding a height of five hundred feet shall be marked and lighted in accordance with rules and regulations adopted and promulgated by the Division of Aeronautics of the Department of Transportation. The division may adopt and promulgate rules and regulations for the marking and lighting of such structures in a manner calculated to prevent collisions with such structures by aircraft. It shall be the duty of the persons, firms, and corporations owning, maintaining, or using such structures to provide and maintain such marking and lighting.

Laws 1955, c. 7, § 7, p. 70;

Laws 1993, LB 472, § 1;

Laws 2017, LB339, § 68.
Neb. Rev. Stat. § 23-193 — NE Code / Chapter 23 / Section 23-193
View Statute 23-193
Status: in_force

A county attorney may sign and prosecute a complaint in the county court for a violation of an ordinance of the county in which he or she serves as county attorney. No county may prosecute a complaint for a violation of an ordinance unless such county has on file with the court a current copy of the ordinances of such county. Subject to guidelines provided by the State Court Administrator, the court shall prescribe the form in which such ordinances shall be filed.

Laws 2009, LB532, § 7.
Neb. Rev. Stat. § 18-3316 — NE Code / Chapter 18 / Section 18-3316
View Statute 18-3316
Status: in_force

(1) Any person owning real property located within and adjacent to the corporate limits of a city of the first class, city of the second class, or village seeking to have such property detached from the corporate limits of such city or village may file a request with the city council or village board of trustees asking that such property be detached. The request shall contain the legal description of the property sought to be detached. If the city council or village board of trustees determines that the property meets the requirements of this section and that all or a part of such property ought to be detached, the city council or village board of trustees shall adopt an ordinance by a majority vote of its members to order such property detached from the corporate limits of the city or village. The city clerk or village clerk shall file a certified copy of such ordinance in the office of the register of deeds and of the election commissioner or county clerk of the county in which such property is located.

(2) A city of any class or village may initiate detachment of any real property located within and adjacent to the corporate limits of such city or village by first publishing notice in a legal newspaper in or of general circulation in the city or village of the intention of the city or village to detach such property. Such notice shall include a legal description of the property to be detached and shall provide the date, time, and place of the meeting at which the ordinance ordering such property to be detached will be voted on by the city council or village board of trustees. If, by a majority vote of its members, the city council or village board of trustees adopts the ordinance ordering such property detached from the corporate limits of the city or village, the city clerk or village clerk shall file a certified copy of such ordinance in the office of the register of deeds and of the election commissioner or county clerk of the county in which such property is located.

Laws 2021, LB131, § 15.
Neb. Rev. Stat. § 71-2423 — NE Code / Chapter 71 / Section 71-2423
View Statute 71-2423
Status: in_force

For purposes of the Cancer Drug Repository Program Act:

(1) Cancer drug means a prescription drug used to treat (a) cancer or its side effects or (b) the side effects of a prescription drug used to treat cancer or its side effects;

(2) Department means the Department of Health and Human Services;

(3) Health care facility has the definition found in section 71-413 ;

(4) Health clinic has the definition found in section 71-416 ;

(5) Hospital has the definition found in section 71-419 ;

(6) Participant means a physician's office, pharmacy, hospital, or health clinic that has elected to voluntarily participate in the program and that accepts donated cancer drugs under the rules and regulations adopted and promulgated by the department for the program;

(7) Pharmacy has the definition found in section 71-425 ;

(8) Physician's office means the office of a person licensed to practice medicine and surgery or osteopathic medicine and surgery;

(9) Prescribing practitioner means a health care practitioner licensed under the Uniform Credentialing Act who is authorized to prescribe cancer drugs;

(10) Prescription drug has the definition found in section 38-2841 ; and

(11) Program means the cancer drug repository program established pursuant to section 71-2424 .

Laws 2003, LB 756, § 2;

Laws 2005, LB 331, § 2;

Laws 2007, LB296, § 541;

Laws 2007, LB463, § 1200.

Uniform Credentialing Act, see section 38-101 .
Neb. Rev. Stat. § 14-2003 — NE Code / Chapter 14 / Section 14-2003
View Statute 14-2003
Status: in_force

(1) Each city of the metropolitan class may exercise its power of eminent domain to maintain or preserve buildings, lands, areas, or districts which have been determined by the landmark heritage preservation commission created by such city to be of historical, architectural, cultural, or educational value.

(2) Within a landmark heritage preservation district, a city of the metropolitan class shall not exercise its power of eminent domain to acquire property for the purpose of demolition and reconveyance for private use. This subsection shall not be applicable to any eminent domain action filed by such city prior to September 6, 1991.

(3) Whenever it becomes necessary to take control of property pursuant to and for the purposes stated in this section, the purpose and necessity for such control shall be declared by ordinance. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724 .

Laws 1976, LB 711, § 3;

Laws 1991, LB 247, § 1;

Laws 2022, LB800, § 324.
Neb. Rev. Stat. § 43-1730 — NE Code / Chapter 43 / Section 43-1730
View Statute 43-1730
Status: in_force

The following documentation shall be required for the entry of a foreign support order:

(1) A certified copy of the foreign support order with all modifications;

(2) A certified copy of an income withholding order or notice, if any, still in effect;

(3) A copy of the portion of the income withholding statute of the jurisdiction which issued the support order which states the requirements for obtaining an income withholding order or notice under the law of such jurisdiction;

(4) A sworn statement of the obligee or certified statement of the requesting agency of the arrearages of child, spousal, or medical support payments and the assignment of the support rights, if any;

(5) A statement of the name, address, and social security number of the obligor, if known;

(6) A statement of the name and address of the obligor's employer or other payor or of any other source of income of the obligor derived in this state from which income withholding is sought; and

(7) A statement of the name and address of the agency or person to whom support payments collected by income withholding shall be transmitted.

Laws 1985, Second Spec. Sess., LB 7, § 50;

Laws 1991, LB 457, § 38.
Neb. Rev. Stat. § 39-223 — NE Code / Chapter 39 / Section 39-223
View Statute 39-223
Status: in_force

Any community, board of county commissioners, municipality, county, city, a specific region or area of the state, or other governmental or quasi-governmental agency which is part of a specific economic area located along the Highway Beautification Control System of the State of Nebraska may petition the Department of Transportation for an exemption from mandatory removal of any legal, nonconforming directional signs, displays, or devices as defined by 23 U.S.C. 131(o), which signs, displays, or devices were in existence on May 5, 1976. The petitioning agency shall supply such documents as are supportive of its petition for exemption.

The Department of Transportation is hereby authorized to seek the exemptions authorized by 23 U.S.C. 131(o) in accordance with the federal regulations promulgated thereunder, 23 C.F.R., part 750, subpart E, if the petitioning agency shall supply the necessary documents to justify such exemptions.

Laws 1978, LB 534, § 1;

R.S.1943, (1993), § 39-1320.12;

Laws 1995, LB 264, § 17;

Laws 2017, LB339, § 104.
Neb. Rev. Stat. § 28-1353 — NE Code / Chapter 28 / Section 28-1353
View Statute 28-1353
Status: in_force

(1) The provisions of the Public Protection Act shall be liberally construed to effectuate its remedial purposes.

(2) Nothing in the act shall supersede any provision of federal, state, or other law imposing criminal penalties or affording civil remedies in addition to those provided for in the act.

Laws 2009, LB155, § 3.