FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 39-1602 — NE Code / Chapter 39 / Section 39-1602
View Statute 39-1602
Status: in_force

Whenever the petition mentioned in subsection (1) of section 39-1601 shall (1) be signed by twenty percent of the landowners within the proposed limits of any such district, (2) contain a list of five legal voters who are owners of property and reside in the proposed district, (3) contain a request that the county board appoint from this list a temporary board of three trustees, and (4) authorize the board to (a) consult with and employ competent independent engineers as to the cost and feasibility of the construction of improvements, (b) consult with other firms or authorities on the feasibility of financing such improvements, and (c) enter into such contracts with attorneys and others which, in the judgment of the temporary board, are necessary in order to properly present the question of formation of the district to the voters therein, the county board shall give notice, by posting such notice in three conspicuous places in the district, that such a petition has been filed and that a temporary board will be appointed as requested. Such notice shall remain posted for ten days, contain the entire wording of the petition, and advise that if fifty percent of the property owners within the proposed district shall file written objections within ten days from the date the notice is first posted, objecting to the appointment of such a temporary board, no board shall be appointed; Provided, any such contract entered into by the temporary board shall be binding upon the board of trustees subsequently elected, in accordance with sections 39-1605 and 39-1606 , but shall not be binding on the county or counties wherein the district is located if the district is not created. On the date recommended by the temporary board of trustees, the county board of the county, where the petition was filed, shall call a special election as provided in section 39-1605 .

Laws 1957, c. 155, art. III, § 2, p. 525.
Neb. Rev. Stat. § 21-402 — NE Code / Chapter 21 / Section 21-402
View Statute 21-402
Status: in_force

(1) The Nebraska Benefit Corporation Act applies to all benefit corporations.

(2) The existence of a provision of the Nebraska Benefit Corporation Act does not of itself create an implication that a contrary or different rule of law is applicable to a business corporation that is not a benefit corporation. The act does not affect a statute or rule of law that is applicable to a business corporation that is not a benefit corporation.

(3) Except as otherwise provided in the Nebraska Benefit Corporation Act, the Nebraska Model Business Corporation Act is generally applicable to all benefit corporations. The specific provisions of the Nebraska Benefit Corporation Act control over the general provisions of the Nebraska Model Business Corporation Act. A benefit corporation may be subject simultaneously to the Nebraska Benefit Corporation Act and one or more other statutes that provide for the incorporation of a specific type of business corporation.

(4) A provision of the articles of incorporation or bylaws of a benefit corporation may not limit, be inconsistent with, or supersede a provision of the Nebraska Benefit Corporation Act.

Laws 2014, LB751, § 2;

Laws 2015, LB35, § 1.

Nebraska Model Business Corporation Act, see section 21-201 .
Neb. Rev. Stat. § 14-527 — NE Code / Chapter 14 / Section 14-527
View Statute 14-527
Status: in_force

Bonds of a city of the metropolitan class shall not be issued without a vote of the electors in the manner provided for in sections 14-101 to 14-2004 except to finance the following which may be issued by the city council without such vote: (1) Street improvements, grading, renewal, or refunding; (2) police stations, not to exceed one hundred thousand dollars in any one year; (3) parks, not to exceed one hundred thousand dollars in any one year; (4) sewers, not to exceed five hundred thousand dollars in any one year; (5) public comfort stations, not to exceed fifty thousand dollars in any one year; (6) fire stations, not to exceed thirty thousand dollars in any one year; and (7) acquisition of existing utility systems or plants by condemnation proceedings.

Laws 1921, c. 116, art. IV, § 22, p. 478;

C.S.1922, § 3648;

C.S.1929, § 14-525;

R.S.1943, § 14-527;

Laws 2022, LB800, § 178.
Neb. Rev. Stat. § 44-5429 — NE Code / Chapter 44 / Section 44-5429
View Statute 44-5429
Status: in_force

If, after the hearing, the director finds a utilization review agent has violated the Utilization Review Act, the director shall reduce his or her findings to writing and shall issue and cause to be served upon the utilization review agent charged with the violation a copy of the findings and an order requiring the utilization review agent to cease and desist from engaging in the violation and the director may order any one or more of the following:

(1) Payment of a monetary penalty of not more than one thousand dollars for each violation, not to exceed an aggregate penalty of thirty thousand dollars, unless the violation was committed flagrantly and in conscious disregard of the Utilization Review Act, in which case the penalty shall not be more than fifteen thousand dollars for each violation, not to exceed an aggregate penalty of one hundred fifty thousand dollars; and

(2) Suspension or revocation of the utilization review agent's license to do business in this state if the utilization review agent knew or reasonably should have known it was in violation of the act.

Laws 1998, LB 1162, § 14.
Neb. Rev. Stat. § 23-333 — NE Code / Chapter 23 / Section 23-333
View Statute 23-333
Status: in_force

The county board of the several counties of the state may appropriate to the county general fund any county sinking fund in the county treasury not levied for the payment of any bonded indebtedness; also any county money from whatever source, excepting the money levied for school purposes, that remain on hand in the county treasury and are no longer required for the purposes for which same were levied; Provided, the county commissioners of the several counties of the state, not under township organization, may appropriate any unexpended balance remaining in the county treasury to the credit of any such precinct (such balance having accrued by reason of taxes collected from a precinct levy for the payment of bonds, after such bonds are paid), to the school districts within such precinct, apportioning such unexpended balance to the several school districts in the said precinct according to the property valuation of the several school districts, as found by the assessor for the year next preceding such appropriation. Where such unexpended balance accrued by reason of taxes collected from a precinct levy for the payment of bridge or irrigation bonds, the county boards of the several counties of the state, not under township organization, may appropriate such unexpended balance remaining in the county treasury to the credit of the road fund of the commissioner district of which such precinct forms a part, to be expended for the improvement of roads, within the limits of such original precinct wherein such taxes were collected.

Laws 1877, § 1, p. 214;

Laws 1903, c. 34, § 1, p. 283;

Laws 1913, c. 30, § 1, p. 106;

R.S.1913, § 1097;

C.S.1922, § 1022;

C.S.1929, § 26-716;

R.S.1943, § 23-333.

Taxes must be collected before they can be transferred to general fund. Bacon v. Dawes County, 66 Neb. 191, 92 N.W. 313 (1902).

Taxes must be collected before they can be transferred to general fund. Bacon v. Dawes County, 66 Neb. 191, 92 N.W. 313 (1902).

Only surplus, after paying debt for which created, can be transferred. Union P. R. R. Co. v. Dawson County, 12 Neb. 254, 11 N.W. 307 (1882).

Only surplus, after paying debt for which created, can be transferred. Union P. R. R. Co. v. Dawson County, 12 Neb. 254, 11 N.W. 307 (1882).
Neb. Rev. Stat. § 2-4305 — NE Code / Chapter 2 / Section 2-4305
View Statute 2-4305
Status: in_force

Burnt lime shall mean a material made from limestone which consists essentially of calcium oxide or a combination of calcium oxide with magnesium oxide.

Laws 1981, LB 396, § 5.
Neb. Rev. Stat. § 2-5108 — NE Code / Chapter 2 / Section 2-5108
View Statute 2-5108
Status: in_force

(1) Upon receipt of the application for buffer strip reimbursement, the department shall review the application for compliance with the rules and regulations adopted and promulgated pursuant to section 2-5111 .

(2) If the department determines that the application is not in compliance with the rules and regulations adopted and promulgated pursuant to section 2-5111 , the department shall inform the district of the deficiencies. The district shall then inform the applicant of the deficiencies and allow the applicant to submit a new application.

(3) The department shall determine which applications are in compliance with the rules and regulations adopted and promulgated under section 2-5111 and shall compile a list of all such applications according to the factors set forth in the rules and regulations. From such prioritized list, and based upon the amount of funds available, the department shall notify the districts which applications are approved. Funds approved by the department for buffer strip reimbursement shall only be for buffer strips created after January 1, 1996. The total amount of funds available for all new and existing agreements shall not exceed the projected available cash balance of the Buffer Strip Incentive Fund for the entire term of the agreements.

Laws 1998, LB 1126, § 8.
Neb. Rev. Stat. § 23-1115 — NE Code / Chapter 23 / Section 23-1115
View Statute 23-1115
Status: in_force

When a county officer is compelled by the pressure of the business of the office to employ a deputy, the county commissioners may make a reasonable allowance to such a deputy.

R.S.1866, c. 15, § 6, p. 128;

R.S.1913, § 5742;

C.S.1922, § 5071;

C.S.1929, § 84-808;

R.S.1943, (1987), § 84-808;

Laws 1990, LB 821, § 2.
Neb. Rev. Stat. § 37-406 — NE Code / Chapter 37 / Section 37-406
View Statute 37-406
Status: in_force

(1) Licenses, permits, and stamps required under the Game Law shall be issued by the commission and may be procured from the secretary of the commission. The commission may provide for the electronic issuance of any license, permit, or stamp required under the Game Law and may enter into contracts to procure necessary services and supplies for the electronic issuance of licenses, permits, and stamps. Except for permits issued under sections 37-462 and 37-463 , the commission may provide for the issuance of any license, permit, or stamp required under the Game Law in the form of a number which identifies the holder in the records of the commission. The commission may designate itself and other persons, firms, and corporations as agents to issue licenses, permits, and stamps and collect the prescribed fees. The commission and any person, firm, or corporation authorized by the commission to issue licenses, permits, and stamps shall be entitled to collect and retain an additional fee of not more than three dollars, for each license, permit, or stamp issued as reimbursement for the clerical work of issuing the license, permit, or stamp and collecting and remitting the fees.

(2) The commission shall adopt and promulgate rules and regulations regarding electronic issuance of licenses, permits, and stamps, including electronic issuance devices, deposits by agents, and remittance of fees. The commission may provide for the electronic issuance of a license, permit, or stamp by acknowledging the purchase of such license, permit, or stamp without requiring a physical license, permit, or stamp or facsimile of such.

(3) It shall be unlawful for any person to duplicate any electronically issued license, permit, or stamp. Any person violating this subsection shall be guilty of a Class III misdemeanor and shall be fined at least seventy-five dollars, and any license, permit, or stamp involved in such violation shall be confiscated by the court.

Laws 1929, c. 112, II, § 3, p. 409;

C.S.1929, § 37-203;

R.S.1943, § 37-203;

Laws 1963, c. 202, § 1, p. 652;

Laws 1983, LB 162, § 1;

Laws 1993, LB 235, § 5;

R.S.1943, (1993), § 37-203;

Laws 1998, LB 922, § 116;

Laws 1999, LB 176, § 19;

Laws 2002, LB 1003, § 18;

Laws 2003, LB 305, § 6;

Laws 2007, LB299, § 1;

Laws 2016, LB745, § 3.
Neb. Rev. Stat. § 66-2104 — NE Code / Chapter 66 / Section 66-2104
View Statute 66-2104
Status: in_force

A jurisdictional utility may undertake rural infrastructure development necessary to supply unserved or underserved areas in or adjacent to areas presently served by the jurisdictional utility and not served by another jurisdictional utility.

Laws 2012, LB1115, § 4.
Neb. Rev. Stat. § 44-2218 — NE Code / Chapter 44 / Section 44-2218
View Statute 44-2218
Status: in_force

The Director of Insurance may issue an order suspending, revoking or refusing to renew the certificate of authority of any company to issue variable annuities in this state if he finds that any of the following conditions exist:

(1) Any cause for which the issuance of a certificate of authority could have been refused had it existed and been known to the director at the time the license was originally issued;

(2) The company has violated or committed acts contrary to the provisions of Chapter 44;

(3) The company has obtained or attempted to obtain such license through willful misrepresentation or fraud;

(4) The company's authority to do a life insurance business or variable annuity business has been suspended, denied, or revoked in any other state; or

(5) The company has shown itself to be untrustworthy or incompetent.

Laws 1969, c. 358, § 18, p. 1266.
Neb. Rev. Stat. § 2-1601 — NE Code / Chapter 2 / Section 2-1601
View Statute 2-1601
Status: in_force

In order to aid in diffusing among the people of Nebraska useful and practical information on subjects relating to agriculture, home economics, and rural life and to encourage the application of the same, there may be inaugurated, in each of the several counties of the State of Nebraska, extension work which shall be carried on in cooperation with the University of Nebraska Institute of Agriculture and Natural Resources and the United States Department of Agriculture as provided in the Act of Congress of May 8, 1914.

Laws 1939, c. 1, § 1, p. 53;

C.S.Supp.,1941, § 2-2001;

R.S.1943, § 2-1601;

Laws 1991, LB 663, § 27.
Neb. Rev. Stat. § 29-1814 — NE Code / Chapter 29 / Section 29-1814
View Statute 29-1814
Status: in_force

To any plea in abatement the county attorney may demur if it is not sufficient in substance, or he may reply setting forth any facts which may show that there is no defect in the record as charged in the plea.

G.S.1873, c. 58, § 446, p. 822;

R.S.1913, § 9090;

C.S.1922, § 10115;

C.S.1929, § 29-1813;

R.S.1943, § 29-1814.

Joinder of issues on plea in abatement may be waived. Svehla v. State, 168 Neb. 553, 96 N.W.2d 649 (1959).

Joinder of issues on plea in abatement may be waived. Svehla v. State, 168 Neb. 553, 96 N.W.2d 649 (1959).

Demurrer to plea in bar admits all facts well pleaded therein. Smith v. State, 42 Neb. 356, 60 N.W. 585 (1894).

Demurrer to plea in bar admits all facts well pleaded therein. Smith v. State, 42 Neb. 356, 60 N.W. 585 (1894).
Neb. Rev. Stat. § 29-211 — NE Code / Chapter 29 / Section 29-211
View Statute 29-211
Status: in_force

(1) Each law enforcement agency within the State of Nebraska shall adopt and implement a written policy regarding the pursuit of motor vehicles. Such policy shall contain at least the following elements:

(a) Standards which describe when a pursuit may be initiated, taking into consideration the nature and severity of the offense involved;

(b) Standards which describe when a pursuit is to be discontinued, giving special attention to (i) the degree of danger presented to the general public and the pursuing officer and (ii) the probability of later apprehension of the subject based upon his or her identification;

(c) Procedures governing the operation of pursuits including, but not limited to, the number and types of vehicles which may be used, the method of operation of such vehicles, and the exercise of supervision during pursuits;

(d) Procedures governing pursuits which include other law enforcement agencies or which extend into the jurisdiction of other law enforcement agencies; and

(e) A system of mandatory continued planning and review of training of personnel appropriate and consistent with the policies and jurisdiction of the law enforcement agency regarding the proper handling of pursuits, including, at a minimum, an annual review of the policy with each sworn law enforcement officer and dispatcher.

(2) It shall be the responsibility of each law enforcement agency within the State of Nebraska to ensure that all law enforcement officers who commence employment with such law enforcement agency receive specialized training in pursuit driving at the Nebraska Law Enforcement Training Center or at an equivalent training program approved by the Nebraska Police Standards Advisory Council.

Laws 1981, LB 76, § 3;

Laws 1996, LB 952, § 3.

Apprehension of persons, see section 29-215 .

Liability for damages to third parties, see sections 13-911 and 81-8,215.01 .

Nebraska Rules of the Road, emergency vehicle privileges, see section 60-6,114 .

Uniform Act on Fresh Pursuit, see section 29-421 .
Neb. Rev. Stat. § 19-3317 — NE Code / Chapter 19 / Section 19-3317
View Statute 19-3317
Status: in_force

For the purpose of paying the cost of such offstreet parking facility, or any portion thereof, or to refund all or a portion of any outstanding bonds of the city authorized to be refunded by the Offstreet Parking District Act, the mayor and city council shall have power and may, by ordinance, cause to be issued general obligation bonds of the city, to be called Offstreet Parking Bonds of the City of ......., Nebraska, payable in not exceeding twenty years from date and bearing interest, payable either annually or semiannually, not exceeding a rate of twelve percent per annum with interest coupons attached. In such cases they shall also provide that special taxes levied within the district pursuant to section 19-3315 shall constitute a sinking fund for the payment of such bonds and the mayor and city council may, in the ordinance, pledge all or any part of the revenue from fees and charges on the use of the parking facility or fees and charges from onstreet parking meters within the district not already pledged as security for such bonds. There shall be levied upon all the taxable property in such city a tax which, together with such sinking fund derived from special assessments and other revenue pledged for the payment of the bonds and interest thereon, shall be sufficient to meet payments of interest and principal as the same become due. All such bonds shall bear such date or dates, mature at such time or times, be in such denominations, be in such form either coupon or registered, carry such registration privileges, be executed in such manner, and be payable in such medium of payment and at such place or places within or without the State of Nebraska as such ordinance may provide. No proceedings for the issuance of bonds of any city shall be required other than those required by the Offstreet Parking District Act. Such bonds may be issued either before or after the completion of the acquisition or construction of the offstreet parking facility, as the mayor and city council may determine best. For the purpose of paying costs of an offstreet parking facility prior to issuance of bonds, warrants may be issued by the mayor and city council upon such terms as the mayor and city council may determine, which warrants shall be redeemed and paid upon the sale of bonds authorized in this section.

Laws 1967, c. 63, § 1, p. 212;

Laws 1967, c. 60, § 17, p. 205;

R.S.Supp.,1967, § 16-828;

Laws 1969, c. 88, § 17, p. 445;

Laws 1972, LB 1430, § 3;

Laws 1973, LB 540, § 5;

Laws 1981, LB 392, § 1;

Laws 2019, LB193, § 196.
Neb. Rev. Stat. § 69-406.01 — NE Code / Chapter 69 / Section 69-406.01
View Statute 69-406.01
Status: in_force

No secondary metals recycler shall purchase or receive any manhole cover or sewer grate except from (1) an authorized representative of the political subdivision that owns the manhole cover or sewer grate as is evidenced by the stamping or engraving on the cover or grate or (2) a third party who has a legitimate bill-of-sale, letter of authorization, or similar approval from the political subdivision evidencing the third party's right to possess and sell the cover or grate. Payment for a manhole cover or sewer grate shall be by draft or check and sent by United States mail, postage prepaid, to the official address of the finance department of such political subdivision or to the third-party seller. Such draft or check shall be made payable only to the political subdivision or to the third-party seller.

Laws 2012, LB1049, § 2.
Neb. Rev. Stat. § 52-155 — NE Code / Chapter 52 / Section 52-155
View Statute 52-155
Status: in_force

(1) Except as otherwise provided in this section, the rules applicable to a civil action apply to a proceeding to foreclose liens under sections 52-125 to 52-159 .

(2) In a proceeding to foreclose a lien, all claimants having recorded liens may join as plaintiffs and those who do not join as plaintiffs may be joined as defendants. Any person who records a lien or acquires an interest in real estate after the commencement of the foreclosure proceeding may be made a defendant before judgment.

(3) The court shall determine the amount due or owing to each claimant and direct foreclosure of the liens against the real estate. Foreclosure may be by any method available for foreclosure of security interests in real estate, or otherwise, as ordered by the court.

Laws 1981, LB 512, § 31.

This section does not limit foreclosure on a construction lien to the mortgage foreclosure statutes, but instead provides that the court may utilize any method available for foreclosure, including but not limited to the mortgage foreclosure statutes. Tilt-Up Concrete, Inc. v. Star City/Federal, Inc., 261 Neb. 64, 621 N.W.2d 502 (2001).

This section does not limit foreclosure on a construction lien to the mortgage foreclosure statutes, but instead provides that the court may utilize any method available for foreclosure, including but not limited to the mortgage foreclosure statutes. Tilt-Up Concrete, Inc. v. Star City/Federal, Inc., 261 Neb. 64, 621 N.W.2d 502 (2001).
Neb. Rev. Stat. § 23-304 — NE Code / Chapter 23 / Section 23-304
View Statute 23-304
Status: in_force

It shall be the duty of the county board of each organized county in the State of Nebraska to cause to be surveyed, by a competent surveyor, all irregular subdivided tracts or lots of land, other than regular government subdivisions, and cause the same to be platted on a scale of not less than ten inches to the mile; Provided, however, where any county has in its possession the correct field notes of any such tract or lot of land, a new survey shall not be necessary, but such tracts may be mapped from such field notes.

Laws 1879, § 142, p. 390;

R.S.1913, § 1084;

C.S.1922, § 1009;

C.S.1929, § 26-701;

R.S.1943, § 23-304.

Designation of an irregular tract as a certain numbered tax lot meets all requirements for describing irregular tracts, where plat is prepared and filed hereunder showing descriptions corresponding to the tax lot. City of Scottsbluff v. Kennedy, 141 Neb. 728, 4 N.W.2d 878 (1942).

Designation of an irregular tract as a certain numbered tax lot meets all requirements for describing irregular tracts, where plat is prepared and filed hereunder showing descriptions corresponding to the tax lot. City of Scottsbluff v. Kennedy, 141 Neb. 728, 4 N.W.2d 878 (1942).