FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 25-327 — NE Code / Chapter 25 / Section 25-327
View Statute 25-327
Status: in_force

In an action against a sheriff or other officer for the recovery of property taken under an execution, and replevied by the plaintiff in such action, the court may, upon application of the defendant and of the party in whose favor the execution issued, permit the latter to be substituted as the defendant, security for the costs being given.

R.S.1867, Code § 50, p. 400;

R.S.1913, § 7608;

C.S.1922, § 8551;

C.S.1929, § 20-327;

R.S.1943, § 25-327.

When garnishee answers that he has money belonging to judgment debtor, one may intervene who claims money and who is not a party to proceedings, and contest right of plaintiff. Farrington v. Fleming Comm. Co., 94 Neb. 108, 142 N.W. 297 (1913).

When garnishee answers that he has money belonging to judgment debtor, one may intervene who claims money and who is not a party to proceedings, and contest right of plaintiff. Farrington v. Fleming Comm. Co., 94 Neb. 108, 142 N.W. 297 (1913).

Court cannot order substitution after final judgment. Hicklin v. Nebraska City National Bank, 8 Neb. 463, 1 N.W. 135 (1879).

Court cannot order substitution after final judgment. Hicklin v. Nebraska City National Bank, 8 Neb. 463, 1 N.W. 135 (1879).
Neb. Rev. Stat. § 44-1615 — NE Code / Chapter 44 / Section 44-1615
View Statute 44-1615
Status: in_force

Any political subdivision, community college, municipal corporation, or public body of the State of Nebraska, except a state agency defined in section 81-8,239.01 , may establish, participate in, and administer plans for the benefit of its employees or its employees and their dependents, which will provide hospitalization, medical, surgical, sickness and accident, and term life insurance coverage or any one or more of such coverages. The plans shall be purchased from an insurer holding a certificate of authority to transact the business of insurance in this state except as provided in the Political Subdivisions Self-Funding Benefits Act.

Laws 1959, c. 213, § 1, p. 735;

Laws 1963, c. 269, § 1, p. 804;

Laws 1971, LB 177, § 1;

Laws 1976, LB 37, § 1;

Laws 1981, LB 273, § 5;

Laws 1991, LB 167, § 27.

Political Subdivisions Self-Funding Benefits Act, see section 13-1601 .
Neb. Rev. Stat. § 8-161 — NE Code / Chapter 8 / Section 8-161
View Statute 8-161
Status: in_force

The director, before granting to any bank the right to operate a trust department, shall require such bank to make an application for amendment of its charter, setting forth such information as the director may require. If, upon investigation, the director is satisfied that the trust department of the bank requesting such amendment will be operated by officers of integrity and responsibility, the department shall, with such additional capital as the director shall require, issue to such bank an amendment to its charter, entitling it to operate a trust department and entitling it to transact the business provided for in the Nebraska Trust Company Act.

Laws 1959, c. 19, § 3, p. 144;

Laws 1961, c. 14, § 6, p. 108;

R.R.S.1943, § 8-1,120;

Laws 1963, c. 29, § 61, p. 159;

Laws 1993, LB 81, § 11;

Laws 1998, LB 1321, § 12;

Laws 2017, LB140, § 59.

Nebraska Trust Company Act, see section 8-201.01 .
Neb. Rev. Stat. § 46-1201 — NE Code / Chapter 46 / Section 46-1201
View Statute 46-1201
Status: in_force

Sections 46-1201 to 46-1241 shall be known and may be cited as the Water Well Standards and Contractors' Practice Act.

Laws 1986, LB 310, § 1;

Laws 1991, LB 51, § 18;

Laws 1993, LB 131, § 38;

Laws 1994, LB 981, § 9;

Laws 1996, LB 1241, § 2;

Laws 2001, LB 133, § 1;

Laws 2007, LB463, § 1143;

Laws 2021, LB148, § 57.
Neb. Rev. Stat. § 39-1306.03 — NE Code / Chapter 39 / Section 39-1306.03
View Statute 39-1306.03
Status: in_force

(1) The department may assume, pursuant to 23 U.S.C. 326, all or part of the responsibilities of the United States Department of Transportation:

(a) For determining whether federal-aid design and construction projects are categorically excluded from requirements for environmental assessments or environmental impact statements; and

(b) For environmental review, consultation, or other related actions required under any federal law applicable to activities that are classified as categorical exclusions.

(2) The department may assume, pursuant to 23 U.S.C. 327, all or part of the responsibilities of the United States Department of Transportation:

(a)(i) With respect to one or more highway projects within the state, under the National Environmental Policy Act of 1969, as amended, 42 U.S.C. 4321 et seq.; and

(ii) For environmental review, consultation, or other action required under any federal environmental law pertaining to the review or approval of a specific project; and

(b) With respect to one or more railroad, public transportation, or multimodal projects within the state under the National Environmental Policy Act of 1969, as amended.

(3) The department may enter into one or more agreements with the United States Secretary of Transportation, including memoranda of understanding, in furtherance of the assumption by the department of duties under 23 U.S.C. 326 and 327.

(4) The State of Nebraska hereby waives its immunity from civil liability, including immunity from suit in federal court under the Eleventh Amendment to the United States Constitution, and consents to the jurisdiction of the federal courts solely for the compliance, discharge, or enforcement of responsibilities assumed by the department pursuant to 23 U.S.C. 326 and 327, in accordance with the same procedural and substantive requirements applicable to a suit against a federal agency. This waiver of immunity shall only be valid if:

(a) The department executes a memorandum of understanding with the United States Department of Transportation accepting the jurisdiction of the federal courts as required by 23 U.S.C. 326(c) and 327(c);

(b) The act or omission that is the subject of the lawsuit arises out of compliance, discharge, or enforcement of responsibilities assumed by the department pursuant to 23 U.S.C. 326 and 327; and

(c) The memorandum of understanding is in effect when the act or omission that is the subject of the federal lawsuit occurred.

(5) The department may adopt and promulgate rules and regulations to implement this section and may adopt relevant federal environmental standards as the standards for the department.

Laws 2017, LB271, § 5.
Neb. Rev. Stat. § 37-732 — NE Code / Chapter 37 / Section 37-732
View Statute 37-732
Status: in_force

Subject to section 37-734 , an owner of land who either directly or indirectly invites or permits without charge any person to use such property for recreational purposes does not thereby (1) extend any assurance that the premises are safe for any purpose, (2) confer upon such persons the legal status of an invitee or licensee to whom a duty of care is owed, or (3) assume responsibility for or incur liability for any injury to person or property caused by an act or omission of such persons.

Laws 1965, c. 193, § 3, p. 589;

R.S.1943, (1993), § 37-1003;

Laws 1998, LB 922, § 346.

Evidence required a finding that the entire area owned by the defendant was covered by act and had been made available, directly or indirectly, to the plaintiff. Gallagher v. Omaha Public Power Dist., 225 Neb. 354, 405 N.W.2d 571 (1987).

Evidence required a finding that the entire area owned by the defendant was covered by act and had been made available, directly or indirectly, to the plaintiff. Gallagher v. Omaha Public Power Dist., 225 Neb. 354, 405 N.W.2d 571 (1987).

Recreation Liability Act is not limited to private persons; governmental subdivisions are "owners" within meaning of this section. Gallagher v. Omaha Public Power Dist., 225 Neb. 354, 405 N.W.2d 571 (1987).

Recreation Liability Act is not limited to private persons; governmental subdivisions are "owners" within meaning of this section. Gallagher v. Omaha Public Power Dist., 225 Neb. 354, 405 N.W.2d 571 (1987).
Neb. Rev. Stat. § 28-301 — NE Code / Chapter 28 / Section 28-301
View Statute 28-301
Status: in_force

(1) A person is guilty of compounding a felony if he accepts or agrees to accept any pecuniary benefit or other reward or promise thereof, as consideration for:

(a) Refraining from seeking prosecution of an offender; or

(b) Refraining from reporting to law enforcement authorities the commission of any felony or information relating to a felony.

(2) It is an affirmative defense to prosecution under this section that the benefit received by the defendant did not exceed an amount which the defendant reasonably believed to be due him as restitution for harm caused by the crime.

(3) Compounding is a Class I misdemeanor.

Laws 1977, LB 38, § 16.
Neb. Rev. Stat. § 38-1113 — NE Code / Chapter 38 / Section 38-1113
View Statute 38-1113
Status: in_force

Moderate sedation means a drug-induced depression of consciousness during which (1) a patient responds purposefully to verbal commands, either alone or accompanied by light tactile stimulation, (2) no intervention is required to maintain a patent airway and spontaneous ventilation is adequate, and (3) cardiovascular function is usually maintained.

Laws 2007, LB463, § 446;

Laws 2015, LB80, § 6.
Neb. Rev. Stat. § 70-1817 — NE Code / Chapter 70 / Section 70-1817
View Statute 70-1817
Status: in_force

The Public Entities Mandated Project Charges Act and all grants of power and authority in the act shall be liberally construed to effectuate their purpose, and all incidental powers necessary to carry into effect the provisions of the act are expressly granted to and conferred upon public entities.

Laws 2006, LB 548, § 17.
Neb. Rev. Stat. § 32-236 — NE Code / Chapter 32 / Section 32-236
View Statute 32-236
Status: in_force

Each judge and clerk of election appointed pursuant to subsection (4) of section 32-230 and each district inspector appointed pursuant to subsection (2) of section 32-231 shall serve at all elections, except city and village elections, held in the county or precinct during his or her two-year term unless excused. A violation of this section by an appointee is a Class V misdemeanor. The county clerk shall submit the names of appointees violating this section to the local law enforcement agency for citation pursuant to sections 32-1549 and 32-1550 .

Laws 1994, LB 76, § 56;

Laws 1997, LB 764, § 24;

Laws 1999, LB 802, § 6;

Laws 2002, LB 1054, § 15;

Laws 2019, LB411, § 35.
Neb. Rev. Stat. § 28-1301 — NE Code / Chapter 28 / Section 28-1301
View Statute 28-1301
Status: in_force

(1) The definitions found in section 12-1204 shall apply to this section.

(2) Except as provided in subsection (3) of this section, a person commits the offense of removing, abandoning, or concealing human skeletal remains or burial goods if he or she:

(a) Knowingly digs up, disinters, removes, or carries away from its place of deposit or burial any such remains or goods, attempts to do the same, or aids, incites, assists, encourages, or procures the same to be done;

(b) Knowingly throws away or abandons any such remains or goods in any place other than a regular place for burial and under a proper death certificate issued under section 38-811 or 71-605 ; or

(c) Receives, conceals, purchases, sells, transports, trades, or disposes of any such remains or goods if the person knows or has reason to know that such remains or goods have been dug up, disinterred, or removed from their place of deposit or burial or have not been reported in a proper death certificate issued under section 38-811 or 71-605 , attempts to do the same, or aids, incites, assists, encourages, or procures the same to be done.

(3) This section shall not apply to: (a) A body authorized to be surrendered for purposes of dissection as provided by law; (b) the body of any person directed to be delivered by competent authority for purposes of dissection; (c) the officers of any lawfully constituted cemetery acting under the direction of the board of trustees in removing any human skeletal remains or burial goods from one place of burial in the cemetery to another place in the same cemetery when disinterment and reinterment permits are secured and return made pursuant to section 71-605 ; (d) any person removing the human skeletal remains or burial goods of a relative or intimate friend from one place of burial in any lawfully constituted cemetery to another when consent for such removal has been obtained from the lawfully constituted authority thereof and permits for disinterment and reinterment secured and return made pursuant to section 71-605 ; (e) any professional archaeologist engaged in an otherwise lawful and scholarly excavation of a nonburial site who unintentionally encounters human skeletal remains or associated burial goods if the archaeologist complies with the notification requirements of the Unmarked Human Burial Sites and Skeletal Remains Protection Act; or (f) any archaeological excavation by the Nebraska State Historical Society or its designee in the course of execution of the duties of the society if any human skeletal remains or associated burial goods discovered during such excavation are disposed of pursuant to section 12-1208 .

(4) Violation of this section shall be a Class IV felony.

Laws 1977, LB 38, § 285;

Laws 1989, LB 340, § 13;

Laws 2003, LB 95, § 32;

Laws 2007, LB463, § 1128.

Unmarked Human Burial Sites and Skeletal Remains Protection Act, see section 12-1201 .
Neb. Rev. Stat. § 2-3963 — NE Code / Chapter 2 / Section 2-3963
View Statute 2-3963
Status: in_force

(1) Any person violating any of the provisions of the Dairy Industry Development Act shall be guilty of a Class III misdemeanor.

(2) Any unpaid assessment shall be increased one and one-half percent each month beginning with the day following the date such assessment was due. Any remaining amount due, including any unpaid charges previously made pursuant to this section, shall be increased at the same rate on the corresponding day of each succeeding month until paid.

(3) For purposes of this section, any assessment that was determined at a date later than prescribed by section 2-3959 because of the failure to submit a report to the board when due shall be considered to have been payable on the date it would have been due if the report had been timely filed. The timeliness of a payment to the board shall be based on the applicable postmarked date or the date actually received by the board, whichever is earlier. Any assessments and late payment fees may be recovered by action commenced by the board.

(4) The remedies provided in this section shall be in addition to and not exclusive of other remedies that may be available by law or in equity.

Laws 1992, LB 275, § 16.
Neb. Rev. Stat. § 42-818 — NE Code / Chapter 42 / Section 42-818
View Statute 42-818
Status: in_force

For the purpose of conducting hearings pursuant to the provisions of sections 42-801 to 42-823 , the conciliation court may be convened at any time and place within the county, and the hearing may be had in chambers or otherwise, except that the time and place for hearing shall not be different from the time and place provided by law for the trial of civil actions if any party, prior to the hearing, objects to any different time or place.

Laws 1965, c. 228, § 18, p. 660.
Neb. Rev. Stat. § 21-616 — NE Code / Chapter 21 / Section 21-616
View Statute 21-616
Status: in_force

Sections 21-612 to 21-615 shall not be considered to prohibit the formation of corporations under other corporation laws of this state.

Laws 1907, c. 30, § 5, p. 159;

R.S.1913, § 616;

C.S.1922, § 510;

C.S.1929, § 24-613;

R.S.1943, § 21-616.
Neb. Rev. Stat. § 16-802 — NE Code / Chapter 16 / Section 16-802
View Statute 16-802
Status: in_force

Any city of the first class is hereby authorized to own, purchase, construct, equip, lease, or operate within such city offstreet motor vehicle parking facilities for the use of the general public. This does not include the power to engage, directly or indirectly, in the sale of gasoline, oil, or other merchandise or in the furnishing of any service other than that of parking motor vehicles as provided in this section. Such city shall have the authority to acquire by grant, contract, or purchase or through the condemnation of property, as provided by law for such acquisition, all real or personal property, including a site or sites on which to construct the facilities necessary or convenient in the carrying out of this grant of power. Before any such city may commence a program to construct, purchase, or acquire by other means a proposed offstreet parking facility or facilities, notice shall be given, by publication in a legal newspaper in or of general circulation in the city once each week for not less than three weeks, inviting application for private ownership and operation of offstreet parking facilities. If no application or applications have been received or, if received, the application or applications have been disapproved by the city council within ninety days from the first date of publication, then such city may proceed in the exercise of the powers granted under this section.

Laws 1955, c. 35, § 2, p. 144;

Laws 1996, LB 299, § 13;

Laws 2016, LB704, § 195.
Neb. Rev. Stat. § 13-3101 — NE Code / Chapter 13 / Section 13-3101
View Statute 13-3101
Status: in_force

Sections 13-3101 to 13-3110 shall be known and may be cited as the Sports Arena Facility Financing Assistance Act.

Laws 2010, LB779, § 7;

Laws 2024, LB1197, § 1.
Neb. Rev. Stat. § 30-4626 — NE Code / Chapter 30 / Section 30-4626
View Statute 30-4626
Status: in_force

A powerholder may release a power of appointment, in whole or in part, except to the extent the terms of the instrument creating the power prevent the release.

Laws 2021, LB501, § 49.
Neb. Rev. Stat. § 8-183 — NE Code / Chapter 8 / Section 8-183
View Statute 8-183
Status: in_force

Without approval by the director, no asset shall be carried on the books of the bank resulting pursuant to section 8-181 , when the resulting bank is a state bank, at a valuation higher than that on the books of the converting, merging, or consolidating bank at the time of the examination, by a state or national bank examiner, last occurring before the effective date of the conversion, merger, or consolidation.

Laws 1951, c. 11, § 1(6), p. 86;

R.R.S.1943, § 8-165.05;

Laws 1963, c. 29, § 83, p. 167;

Laws 2017, LB140, § 78.
Neb. Rev. Stat. § 49-232 — NE Code / Chapter 49 / Section 49-232
View Statute 49-232
Status: in_force

For the purpose of aiding the convention in the discharge of its duties, the Supreme Court of the State of Nebraska shall, within thirty days after the proclamation of the Governor that the calling of a constitutional convention has been approved by the electors of this state, appoint a preliminary survey committee to consist of five members. The committee shall compile and tabulate information relating to the constitutions of the different states or of other constitutional governments and such other information as the committee shall deem pertinent to the problems to be dealt with by the constitutional convention.

Laws 1953, c. 173, § 21, p. 553.
Neb. Rev. Stat. § 18-1719 — NE Code / Chapter 18 / Section 18-1719
View Statute 18-1719
Status: in_force

Any city or village may provide for the destruction and removal of specified portions of weeds and worthless vegetation within the right-of-way of all railroads within the corporate limits of such city or village and may require the owner or owners of such right-of-way to destroy and remove the weeds or vegetation from such right-of-way. If such owner or owners fail, neglect, or refuse, after ten days' written notice to remove the weeds or vegetation, such city or village, by its proper officers, shall destroy and remove the weeds or vegetation or cause the weeds or vegetation to be destroyed or removed and shall assess the cost thereof against such property as a special assessment. No city or village shall destroy or remove or otherwise treat such specified portions until after the time has passed in which the railroad company is required to destroy or remove such vegetation.

Laws 1969, c. 599, § 2, p. 2454;

Laws 2015, LB361, § 41;

Laws 2021, LB163, § 102.
Neb. Rev. Stat. § 38-1146 — NE Code / Chapter 38 / Section 38-1146
View Statute 38-1146
Status: in_force

All practice locations of a dentist applying for a permit to administer general anesthesia or deep sedation, moderate sedation, or minimal sedation may be inspected at the discretion of the board. The board may contract to have such inspections performed. The board shall not delegate authority to review and to make recommendations on permit applications or to determine the persons or facilities to be inspected.

Laws 1986, LB 438, § 12;

R.S.1943, (2003), § 71-193.32;

Laws 2007, LB463, § 479;

Laws 2015, LB80, § 16.
Neb. Rev. Stat. § 12-516 — NE Code / Chapter 12 / Section 12-516
View Statute 12-516
Status: in_force

If the trustees of any cemetery association receive the gift of any property, real or personal, in their own name, in trust, for the perpetual care of the cemetery, or anything connected therewith, the trustees shall, upon the enactment of bylaws to that effect by the association, give a bond to the association of at least one thousand dollars, conditioned for the faithful administration of the trust and care of the funds and property. The bond shall be filed with and approved by the county clerk of the county in which the association is located, and the clerk shall be paid the same fee for approving and filing the bond as fixed by law for approving and filing official bonds. The cost of the bond shall be paid by the cemetery association.

Laws 1925, c. 138, § 1, p. 367;

C.S.1929, § 13-505;

Laws 1941, c. 18, § 1, p. 106;

C.S.Supp.,1941, § 13-505;

R.S.1943, § 12-516;

Laws 1980, LB 909, § 3;

Laws 2014, LB863, § 9.
Neb. Rev. Stat. § 44-5425 — NE Code / Chapter 44 / Section 44-5425
View Statute 44-5425
Status: in_force

A health carrier shall be responsible for monitoring all utilization review activities carried out by, or on behalf of, the health carrier and for ensuring that all requirements of the Utilization Review Act and applicable rules and regulations are met. The health carrier shall also ensure that appropriate personnel have operational responsibility for the conduct of the health carrier's utilization review program.

Laws 1998, LB 1162, § 10.
Neb. Rev. Stat. § 25-2731 — NE Code / Chapter 25 / Section 25-2731
View Statute 25-2731
Status: in_force

(1) Upon perfection of the appeal, the clerk of the county court shall transmit within ten days to the clerk of the district court a certified copy of the transcript and the docket fee, whereupon the clerk of the district court shall file the appeal. A copy of any bond or undertaking shall be transmitted to the clerk of the district court within ten days of filing.

(2) The Supreme Court shall, by rule and regulation, specify the method of ordering the transcript and the form and content of the transcript.

Laws 1981, LB 42, § 4;

Laws 1984, LB 13, § 22;

Laws 1986, LB 529, § 14;

Laws 1988, LB 352, § 24;

R.S.Supp.,1988, § 24-541.04;

Laws 2018, LB193, § 47.