reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-134 - Air navigation facility; certificate of approval; hearing; notice; order; license.

3-134.
Air navigation facility; certificate of approval; hearing; notice; order; license.
Whenever the division makes an order granting or denying a certificate of approval of an airport or a restricted landing area, or an original license to use or operate an airport, restricted landing area, or other air navigation facility, and the applicant or any interested municipality, within fifteen days after notice of such order has been sent the applicant by registered or certified mail, demands a public hearing, or whenever the division desires to hold a public hearing, before making an order, such a public hearing in relation thereto shall be held in the municipality applying for the certificate of approval or license or, in case the application was made by anyone other than a municipality, at the county seat of the county in which the proposed airport, restricted landing area, or other air navigation facility is proposed to be situated, or the major portion thereof, if located in more than one county, at which hearing all parties in interest and other persons shall have an opportunity to be heard. Notice of the hearing shall be published by the division in a legal newspaper in or of general circulation in the county in which the hearing is to be held, at least twice, the first publication to be at least fifteen days prior to the date of hearing. After a proper and timely demand has been made, the order shall be stayed until after the hearing, when the division may affirm, modify, or reverse it, or make a new order. If no hearing is demanded, the order shall become effective upon the expiration of the time permitted for making a demand. Where a certificate of approval of an airport or restricted landing area has been issued by the division, it may grant a license for its operation and use, and no hearing may be demanded thereon.
Source
Laws 1945, c. 5, § 9(7), p. 94;
Laws 1957, c. 242, § 1, p. 816;
Laws 2017, LB339, § 29.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-135 - Air navigation facility; certificate of approval; hearing; standards to be considered.

3-135.
Air navigation facility; certificate of approval; hearing; standards to be considered.
In determining whether to issue a certificate of approval or license for the use or operation of any proposed airport or restricted landing area, the division shall take into consideration (1) its proposed location, size, and layout, (2) the relationship of the proposed airport or restricted landing area to a comprehensive plan for statewide and nationwide development, (3) whether there are safe areas available for expansion purposes, (4) whether the adjoining area is free from obstructions based on a proper glide ratio, (5) the nature of the terrain, (6) the nature of the uses to which the proposed airport or restricted landing area will be put, and (7) the possibilities for future development.
Source
Laws 1945, c. 5, § 9(8), p. 94;
Laws 2017, LB339, § 30.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-136 - Certificate of approval; restricted landing area for personal use; exception.

3-136.
Certificate of approval; restricted landing area for personal use; exception.
The provisions of sections 3-133 to 3-135 shall not apply to restricted landing areas designed for personal use.
Source
Laws 1945, c. 5, § 9(9), p. 95.
Annotations
This section specifically exempts from licensing requirements restricted landing areas designed for personal use and therefore the Department of Aeronautics is without authority to issue licenses for such landing areas. Nebraska Public Power Dist. v. Huebner, 202 Neb. 587, 276 N.W.2d 228 (1979).
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-137 - Air navigation facility; certificate of approval; revocation, grounds.

3-137.
Air navigation facility; certificate of approval; revocation, grounds.
The division is empowered to temporarily or permanently revoke any certificate of approval or license issued by it when it shall determine that an airport, restricted landing area, or other navigation facility is not being maintained or used in accordance with the State Aeronautics Act and the rules and regulations lawfully adopted and promulgated pursuant thereto.
Source
Laws 1945, c. 5, § 9(10), p. 95;
Laws 2017, LB339, § 31.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-138 - Certificate of approval; federal government; exception.

3-138.
Certificate of approval; federal government; exception.
The provisions of sections 3-133 to 3-136 shall not apply to any airport, restricted landing area or other air navigation facility owned or operated by the federal government within this state.
Source
Laws 1945, c. 5, § 9(11), p. 95.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-139 - Division; certificate of approval, permit, or license; refuse to issue; notice; set forth reasons; inspection of premises.

3-139.
Division; certificate of approval, permit, or license; refuse to issue; notice; set forth reasons; inspection of premises.
If the division refuses to (1) issue a certificate of approval of a license or the renewal of a license for an airport, restricted landing area, or other air navigation facility or (2) permit the registration of any license, certificate, or permit, the division shall set forth its reasons therefor and shall state the requirements to be met before such approval will be given, registration permitted, license granted, or order modified or changed. Any order made by the division pursuant to the State Aeronautics Act shall be served upon the interested persons by either registered or certified mail or in person. To carry out the act, the director, officers, and employees of the division and any officers, state or municipal, charged with the duty of enforcing the act may inspect and examine at reasonable hours any premises, and the buildings and other structures thereon, where airports, restricted landing areas, flying clubs, or other air navigation facilities or aeronautical activities are operated or carried on.
Source
Laws 1945, c. 5, § 10(1), p. 95;
Laws 1957, c. 242, § 2, p. 817;
Laws 1976, LB 460, § 6;
Laws 2017, LB339, § 32.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-140 - Appeal; procedure.

3-140.
Appeal; procedure.
Any person aggrieved by an order of the division or by the granting or denial of any license, certificate, or registration may appeal the order or such granting or denial, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1945, c. 5, § 10(2), p. 96;
Laws 1988, LB 352, § 8;
Laws 2017, LB339, § 33.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-141 - Division; air navigation facilities; acquire by purchase, gift, or condemnation; establish; improve; operate; dispose of property; exception.

3-141.
Division; air navigation facilities; acquire by purchase, gift, or condemnation; establish; improve; operate; dispose of property; exception.
The division is authorized and empowered, on behalf of and in the name of this state, within the limitation of available appropriations, to (1) acquire, by purchase, gift, devise, lease, condemnation proceedings, or otherwise, real or personal property for the purpose of establishing and constructing airports, restricted landing areas, and other air navigation facilities, (2) acquire in like manner, own, control, establish, construct, enlarge, improve, maintain, equip, operate, regulate, and police such airports, restricted landing areas, and other air navigation facilities either within or without this state, (3) make, prior to any such acquisition, investigations, surveys, and plans, (4) erect, install, construct, and maintain at such airports facilities for the servicing of aircraft and for the comfort and accommodation of air travelers, and (5) dispose of any such property, airport, or restricted landing area or any other air navigation facility by sale, lease, or otherwise, in accordance with the laws of this state governing the disposition of other like property of the state. The division may not, however, acquire or take over any airport, restricted landing area, or other air navigation facility owned or controlled by a municipality of this state without the consent of such municipality. The division may erect, equip, operate, and maintain on any airport such buildings and equipment as are necessary and proper to establish, maintain, and conduct such airport and air navigation facilities connected therewith.
Source
Laws 1945, c. 5, § 11(1), p. 96;
Laws 2017, LB339, § 34.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-142 - Division; airports; easements; acquire by condemnation.

3-142.
Division; airports; easements; acquire by condemnation.
Where necessary, in order to provide unobstructed air space for the landing and taking off of aircraft utilizing airports and restricted landing areas acquired or operated under the State Aeronautics Act, the division may acquire, in the same manner as is provided for the acquisition of property for airport purposes, easements through or other interests in air space over land or water, interest in airport hazards outside the boundaries of the airports or restricted landing areas, and such other airport protection privileges as are necessary to insure safe approaches to the landing areas of the airports and restricted landing areas and the safe and efficient operation thereof. The division may acquire, in the same manner, the right or easement, for a term of years or perpetually, to place or maintain suitable marks for the daytime marking and suitable lights for the nighttime marking of airport hazards, including the right of ingress and egress to or from such airport hazards for the purpose of maintaining and repairing such lights and marks. This authority shall not be so construed as to limit the right, power, or authority of the state or any municipality to zone property adjacent to any airport or restricted landing area pursuant to any law of this state.
Source
Laws 1945, c. 5, § 11(2), p. 97;
Laws 2017, LB339, § 35.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-143 - Division; joint activities; authorized.

3-143.
Division; joint activities; authorized.
The division may engage in all activities jointly with the United States, with other states, with municipalities or other agencies of this state, and with persons owning privately owned public use airports.
Source
Laws 1945, c. 5, § 11(3), p. 97;
Laws 1995, LB 609, § 10;
Laws 2017, LB339, § 36.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-144 - Division; right of eminent domain; procedure.

3-144.
Division; right of eminent domain; procedure.
The division may exercise the right of eminent domain, in the name of the state, for the purpose of acquiring any property which it is authorized to acquire by condemnation. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724. The fact that the property so needed has been acquired by the owner under power of eminent domain shall not prevent its acquisition by the division by the exercise of the right of eminent domain conferred in the State Aeronautics Act. The division shall not be precluded from abandoning the condemnation of any such property in any case where possession thereof has not been taken. Nothing in the State Aeronautics Act shall be construed as granting to privately owned public use airports the authority to exercise the power of eminent domain nor shall anything in the State Aeronautics Act be construed as granting to the division or any municipality the authority to exercise the right of eminent domain for the purpose of acquiring lands or easements for the sole use or benefit of privately owned public use airports.
Source
Laws 1945, c. 5, § 11(4), p. 97;
Laws 1951, c. 101, § 26, p. 458;
Laws 1995, LB 609, § 11;
Laws 2017, LB339, § 37.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-145 - Division; airport; lease; sell; supplies.

3-145.
Division; airport; lease; sell; supplies.
The division may (1) lease, for a term not exceeding ten years, such airports, other air navigation facilities, or real property acquired or set apart for airport purposes, to private parties, any municipal or state government, the national government, or any department of any such government for operation, (2) lease or assign, for a term not exceeding ten years, to private parties, any municipal or state government, the national government, or any department of any such government for operation or other use consistent with the purposes of the State Aeronautics Act, space, area, improvements, or equipment on such airports, (3) sell any part of such airports, other air navigation facilities, or real property to any municipal or state government, or to the United States or any department or instrumentality thereof, for aeronautical purposes or purposes incidental thereto, and (4) confer the privilege or concession of supplying, upon the airports, goods, commodities, things, services, and facilities, so long as in each case in so doing the public is not deprived of its rightful, equal, and uniform use thereof.
Source
Laws 1945, c. 5, § 11(5), p. 98;
Laws 2017, LB339, § 38.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-146 - Division; rentals; power to determine; charges; lien; enforce.

3-146.
Division; rentals; power to determine; charges; lien; enforce.
The division may determine the charges or rental for the use of any properties and the charges for any service or accommodations under its control and the terms and conditions under which such properties may be used, so long as in all cases the public shall not be deprived of its rightful, equal, and uniform use of such property. Charges shall be reasonable and uniform for the same class of service and established with due regard to the property and improvements used and the expenses of operation to the state. To enforce the payment of charges, the state shall have a lien which the division may enforce, substantially as is provided by law for liens and the enforcement thereof, for repairs to or the improvement, storage, or care of any personal property.
Source
Laws 1945, c. 5, § 11(6), p. 98;
Laws 2017, LB339, § 39.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-147 - Airports; acquisition of land; purpose.

3-147.
Airports; acquisition of land; purpose.
The acquisition of any lands for the purpose of establishing airports or other air navigation facilities; the acquisition of any airport protection privileges; the acquisition, establishment, construction, enlargement, improvement, maintenance, equipment, and operation of airports and other air navigation facilities, whether by the state separately or jointly with any municipality, municipalities, or any person owning a privately owned public use airport; the assistance of this state in any such acquisition, establishment, construction, enlargement, improvement, maintenance, equipment, and operation; and the exercise of any other powers granted to the division are hereby declared to be public and governmental functions exercised for a public purpose and matters of public necessity. Such lands and other property and privileges acquired are declared to be public property.
Source
Laws 1945, c. 5, § 12, p. 99;
Laws 1995, LB 609, § 12;
Laws 2001, LB 173, § 2;
Laws 2017, LB339, § 40.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-148 - Aircraft fuel tax; Aircraft Fuel Tax Fund; created; distribution; terms, defined.

3-148.
Aircraft fuel tax; Aircraft Fuel Tax Fund; created; distribution; terms, defined.
There is hereby imposed a tax of five cents per gallon upon aviation gasoline and a tax of three cents per gallon upon aviation jet fuel purchased for and used in aircraft within the State of Nebraska. Such aircraft tax shall be levied, collected, and refunded in the manner provided in Chapter 66, article 4, with reference to other motor fuel. The State Treasurer shall credit the aircraft tax and fees so collected and remitted to a special fund to be known as the Aircraft Fuel Tax Fund, which fund shall be distributed as provided in this section. The State Treasurer shall make all refunds as provided in sections 3-150 and 3-151 from the fund, and the balance of the aircraft tax shall be credited to the Aeronautics Cash Fund.
For purposes of this section, aviation gasoline means fuel used in aircraft meeting the criteria established for motor vehicle fuel in section 66-482. The terms aviation fuel and aircraft fuel as used in the statutes include both aviation gasoline and aviation jet fuel.
Source
Laws 1945, c. 5, § 13, p. 99;
Laws 1947, c. 6, § 1, p. 67;
Laws 1965, c. 18, § 1, p. 152;
Laws 1965, c. 17, § 2, p. 150;
Laws 1965, c. 8, § 8, p. 93;
Laws 1985, LB 272, § 1;
Laws 1991, LB 627, § 1;
Laws 1992, LB 1013, § 1;
Laws 2017, LB339, § 41.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-149 - Aircraft fuel tax; collection; violation; penalty.

3-149.
Aircraft fuel tax; collection; violation; penalty.
The suppliers, distributors, wholesalers, and importers defined in Chapter 66, article 4, shall collect the tax as prescribed in section 3-148, keep an account thereof separately from other fuel tax, and remit the tax collected accordingly to the Tax Commissioner. The Tax Commissioner shall remit the tax to the State Treasurer in the same manner as is provided by law for the collection and remittance of motor vehicle fuel tax. No other or different tax shall be imposed for fuel bought for and used in aircraft. Such tax shall be used for the purposes set forth in the State Aeronautics Act. The penalty for violation of the provisions of this section relating to the collection and remittance of the tax shall be the same as set forth for the violation of the law with reference to the motor fuel tax contained in Chapter 66, article 7, and the right of enforcement and the penalties shall be likewise applicable as set forth therein.
Source
Laws 1945, c. 5, § 14, p. 100;
Laws 1985, LB 272, § 2;
Laws 1991, LB 627, § 2;
Laws 1992, LB 1013, § 2;
Laws 1994, LB 1160, § 48;
Laws 2017, LB339, § 42.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-150 - Aircraft fuel tax; repayment; fuel used for air school purposes.

3-150.
Aircraft fuel tax; repayment; fuel used for air school purposes.
Any person, firm, partnership, limited liability company, company, agency, corporation, body politic, municipality, or National Guard or reserve officer of the United States Army who buys and uses aircraft fuel meeting the specifications set by the Department of Revenue, bought for and used only in aircraft in connection with any air school approved by the federal government, on which the tax has been paid or which is chargeable under section 3-148 and who consumes the same for purposes of operating or propelling aircraft used strictly for air school purposes shall be reimbursed the amount of tax so paid in the manner and subject to the conditions provided in this section and section 3-151.
Source
Laws 1945, c. 5, § 15, p. 100;
Laws 1976, LB 460, § 7;
Laws 1991, LB 627, § 3;
Laws 1993, LB 121, § 83;
Laws 2019, LB512, § 1.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-151 - Aircraft fuel tax; repayment; presentation of claims.

3-151.
Aircraft fuel tax; repayment; presentation of claims.
All claims for reimbursement shall be made by affidavit in such form and containing such information as the Tax Commissioner shall prescribe. Such claims shall be accompanied by the original invoices of sales and receipts and shall be filed with the commissioner within seven months from the date of purchase or invoice. The commissioner may require such further information as he shall deem necessary for the determination of such claims. He shall transmit all claims approved by him to the Director of Administrative Services, who shall forthwith draw his warrant against the proceeds of the tax levied under section 3-148 and credited to the Aircraft Fuel Tax Fund in the state treasury upon the presentation of proper vouchers for each claim for reimbursement; and the State Treasurer shall pay such warrants out of money in such fund without specific appropriation.
Source
Laws 1945, c. 5, § 16, p. 100;
Laws 1955, c. 6, § 1, p. 66;
Laws 1967, c. 13, § 1, p. 101.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-152 - Violations; penalty.

3-152.
Violations; penalty.
Any person violating any of the provisions of the State Aeronautics Act, or any of the rules, regulations, or orders adopted, promulgated, or issued pursuant thereto, shall be guilty of a Class II misdemeanor.
Source
Laws 1945, c. 5, § 17, p. 101;
Laws 1977, LB 40, § 29;
Laws 2017, LB339, § 43.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-154 - Act, how cited.

3-154.
Act, how cited.
Sections 3-101 to 3-164 shall be known and may be cited as the State Aeronautics Act.
Source
Laws 1945, c. 5, § 21, p. 101;
Laws 2017, LB339, § 44.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-156 - Aeronautics Trust Fund; created; real property; proceeds of sale; how used; investment.

3-156.
Aeronautics Trust Fund; created; real property; proceeds of sale; how used; investment.
The Aeronautics Trust Fund is created. The necessary expenses incurred in the sale of property under section 3-155 shall be paid from the Aeronautics Cash Fund, and the proceeds from the sale of such property shall be credited to the Aeronautics Trust Fund after reimbursement of costs of sale have been made to the Aeronautics Cash Fund. The net proceeds from the disposal of such property shall be used by the division in conformance with any agreements upon which the Federal Aviation Administration conditions its consent to the sale of the aforementioned land and the quit claim deeds (1) filed in the office of the register of deeds of Dodge County on November 17, 1947, and recorded in Deeds Record 89 on page 342 and September 16, 1948, and recorded in Deeds Record 89 on page 578, (2) filed in the office of the register of deeds of Red Willow County on September 16, 1948, in Deeds Record 71 on page 17, September 14, 1966, in Deeds Record 91 on page 281, and December 17, 1968, in Deeds Record 93 on page 549, (3) filed in the office of the register of deeds of Clay County on November 17, 1947, in Deeds Record 86 on page 561, September 16, 1948, in Deeds Record 87 on page 148, and March 14, 1968, in Deeds Record 95 on page 321, (4) filed in the office of the register of deeds of Fillmore County on September 16, 1948, in Deeds Record 39 on page 229, February 21, 1968, in Deeds Record 25 on page 90, January 26, 1948, in Deeds Record 39 on page 189, September 21, 1948, in Deeds Record 39 on page 236, and February 13, 1968, in Deeds Record 25 on page 83, and (5) filed in the office of the register of deeds of Thayer County on January 31, 1948, in Deeds Record 48 on page 493, September 16, 1948, in Deeds Record 48 on page 581, and December 29, 1967, in Deeds Record 58 on page 531, and the rules and regulations of the Federal Aviation Administration, part 155, adopted December 7, 1962. Any money in the Aeronautics Trust Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. The State Treasurer shall transfer any money in the Department of Aeronautics Trust Fund on July 1, 2017, to the Aeronautics Trust Fund.
Source
Laws 1969, c. 23, § 2, p. 200;
Laws 1971, LB 165, § 2;
Laws 1995, LB 7, § 26;
Laws 2017, LB339, § 46.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-157 - Division; real property; lease; when; requirements.

3-157.
Division; real property; lease; when; requirements.
The division may lease for a period not exceeding twelve years real property held by the division that has been offered for sale for two consecutive years and has not been sold. The lease shall provide for annual rental payments based on fair rental value. The rental payments shall be deposited in the Aeronautics Cash Fund. The division shall cause reappraisals to be made of the land under lease when it deems it necessary due to changes in buildings or improvements, changes in the land, or for other reasons. The division may, after the expiration of any lease, offer such land for sale by public auction as set forth in section 3-155 or may enter into another lease.
Source
Laws 1978, LB 637, § 3;
Laws 1980, LB 896, § 1;
Laws 2002, LB 446, § 3;
Laws 2017, LB339, § 47.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-158 - Person renting aircraft; insurance information; notice.

3-158.
Person renting aircraft; insurance information; notice.
Any person who in the ordinary course of his or her business rents an aircraft to another person shall deliver to the renter a written notice stating the nature and extent of insurance coverage provided, if any, for the renter against loss of or damage to the hull of the aircraft or liability arising out of the ownership, maintenance, or use of the aircraft. The notice shall contain the name of the person giving the notice.
Source
Laws 1986, LB 781, § 1;
Laws 2017, LB339, § 48;
Laws 2019, LB190, § 2.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-159 - Authorization to purchase new aircraft; sale of aircraft.

3-159.
Authorization to purchase new aircraft; sale of aircraft.
The Executive Board of the Legislative Council pursuant to the authority granted in Laws 2013, LB194, section 9, commissioned an independent study to enable the Legislature to determine whether the state should purchase or otherwise acquire an aircraft for state purposes and what type of aircraft should be acquired, if any. After completion and review of the study, the Legislature authorized the Department of Aeronautics to purchase a new aircraft in 2014. It is the intent of the Legislature to fund the purchase with General Funds and other funds. The Legislature also directed the department, upon taking possession of a new aircraft, to sell the state's 1982 Piper Cheyenne aircraft, with the proceeds retained for use for preventive maintenance funding for the new aircraft.
Source
Laws 2014, LB1016, § 1;
Laws 2017, LB339, § 49.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-160 - Employees of Department of Aeronautics; transfer to Division of Aeronautics; how treated.

3-160.
Employees of Department of Aeronautics; transfer to Division of Aeronautics; how treated.
On and after July 1, 2017, positions of employment in the Department of Aeronautics related to the powers, duties, and functions transferred pursuant to Laws 2017, LB339, are transferred to the Division of Aeronautics of the Department of Transportation. For purposes of the transition, employees of the Department of Aeronautics shall be considered employees of the Department of Transportation and shall retain their rights under the state personnel system or pertinent bargaining agreement, and their service shall be deemed continuous. This section does not grant employees any new rights or benefits not otherwise provided by law or bargaining agreement or preclude the division or the director from exercising any of the prerogatives of management set forth in section 81-1311 or as otherwise provided by law. This section is not an amendment to or substitute for the provisions of any existing bargaining agreements.
Source
Laws 2017, LB339, § 50.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-161 - Reference to Department of Aeronautics in contracts or other documents; how construed; contracts and property; how treated.

3-161.
Reference to Department of Aeronautics in contracts or other documents; how construed; contracts and property; how treated.
On and after July 1, 2017, whenever the Department of Aeronautics is referred to or designated by any contract or other document in connection with the duties and functions transferred to the Division of Aeronautics of the Department of Transportation pursuant to Laws 2017, LB339, such reference or designation shall apply to such division. All contracts entered into by the Department of Aeronautics prior to July 1, 2017, in connection with the duties and functions transferred to the division are hereby recognized, with the division succeeding to all rights and obligations under such contracts. Any cash funds, custodial funds, gifts, trusts, grants, and any appropriations of funds from prior fiscal years available to satisfy obligations incurred under such contracts shall be transferred and appropriated to the division for the payments of such obligations. All documents and records transferred, or copies of the same, may be authenticated or certified by the division for all legal purposes.
Source
Laws 2017, LB339, § 51.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-162 - Actions and proceedings; how treated.

3-162.
Actions and proceedings; how treated.
No suit, action, or other proceeding, judicial or administrative, lawfully commenced prior to July 1, 2017, or which could have been commenced prior to that date, by or against the Department of Aeronautics, or the director or any employee thereof in such director's or employee's official capacity or in relation to the discharge of his or her official duties, shall abate by reason of the transfer of duties and functions from the Department of Aeronautics to the Division of Aeronautics of the Department of Transportation.
Source
Laws 2017, LB339, § 52.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-163 - Provisions of law; how construed.

3-163.
Provisions of law; how construed.
On and after July 1, 2017, unless otherwise specified, whenever any provision of law refers to the Department of Aeronautics in connection with duties and functions transferred to the Division of Aeronautics of the Department of Transportation, such law shall be construed as referring to such division.
Source
Laws 2017, LB339, § 53.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-164 - Property of Department of Aeronautics; transfer to Division of Aeronautics; appropriation and salary limit; how treated.

3-164.
Property of Department of Aeronautics; transfer to Division of Aeronautics; appropriation and salary limit; how treated.
On July 1, 2017, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of the Department of Aeronautics pertaining to the duties and functions transferred to the Division of Aeronautics of the Department of Transportation pursuant to Laws 2017, LB339, shall become the property of such division.
Any appropriation and salary limit provided in any legislative bill enacted by the One Hundred Fifth Legislature, First Session, to Agency No. 17, Department of Aeronautics, in the following program classifications, shall be null and void, and any such amounts are hereby appropriated to Agency No. 27, Department of Transportation: Program No. 26, Administration and Services; Program No. 301, Public Airports; and Program No. 596, State-Owned Aircraft. Any financial obligations of the Department of Aeronautics that remain unpaid as of June 30, 2017, and that are subsequently certified as valid encumbrances to the accounting division of the Department of Administrative Services pursuant to sections 81-138.01 to 81-138.04, shall be paid by the Division of Aeronautics of the Department of Transportation from the unexpended balance of appropriations existing in such program classifications on June 30, 2017.
Source
Laws 2017, LB339, § 54.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-201 - Terms, defined.

3-201.
Terms, defined.
For the purpose of the Revised Airports Act, unless specifically otherwise provided in the act, the definitions of words, terms, and phrases appearing in the State Aeronautics Act are hereby adopted. The following words, terms, and phrases shall in the Revised Airports Act have the meanings given in this section, unless otherwise specifically defined, or unless another intention clearly appears, or the context otherwise requires: (1) Municipality means any county, city, or village of this state or any city airport authority established pursuant to the Cities Airport Authorities Act and (2) airport purposes means and includes airport, restricted landing area, and other air navigation facility purposes.
Source
Laws 1945, c. 34, § 1, p. 156;
Laws 1957, c. 9, § 13, p. 125;
Laws 2003, LB 5, § 1;
Laws 2017, LB339, § 55.
Cross References
Cities Airport Authorities Act, see section 3-514.
For definitions in State Aeronautics Act, see section 3-101.
State Aeronautics Act, see section 3-154.
Annotations
Municipal airport authorities are authorized to acquire property by condemnation for establishing airports. Seward County Board of Commissioners v. City of Seward, 196 Neb. 266, 242 N.W.2d 849 (1976).
Municipalities were empowered to acquire, establish, construct, improve, operate, and regulate municipal airports. City of Ord v. Biemond, 175 Neb. 333, 122 N.W.2d 6 (1963).
Constitutionality of Revised Airports Act raised but not decided. Brasier v. Cribbett, 166 Neb. 145, 88 N.W.2d 235 (1958).
Under former law municipality was defined as village, city, or county. Spencer v. Village of Wallace, 153 Neb. 536, 45 N.W.2d 473 (1951).
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-201.01 - Temporary airports and landing fields; approval; application; purpose of landing area.

3-201.01.
Temporary airports and landing fields; approval; application; purpose of landing area.
Any proposed airport, restricted landing area, or other air navigation facility which will be in existence for less than thirty consecutive days shall first be approved by the Division of Aeronautics of the Department of Transportation before any such airport, landing area, or other facility shall be used or operated. Any municipality or person proposing the use of property for such purpose shall first make application for a temporary permit for the site selected and the general purpose or purposes for which the property will be used, to insure that the property and its use shall conform to minimum standards of safety and shall serve the public interest. Designation of the location and approval of sites for the proposed temporary airports, restricted landing areas, and other air navigation facilities as provided in section 3-104 may be delegated to the division by the Nebraska Aeronautics Commission. The provisions of this section shall not apply to restricted landing areas designated for personal use pursuant to section 3-136.
Source
Laws 1976, LB 460, § 8;
Laws 2017, LB339, § 56.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-202 - Municipality; powers.

3-202.
Municipality; powers.
Every municipality is hereby authorized, through its governing body, to (1) acquire property, real or personal, for the purpose of establishing, constructing, and enlarging airports and other air navigation facilities, (2) acquire, establish, construct, enlarge, improve, maintain, equip, operate, and regulate such airports and other air navigation facilities and structures and other property incidental to their operation, either within or without the territorial limits of such municipality and within or without this state, (3) make, prior to any such acquisition, investigations, surveys, and plans, (4) construct, install, and maintain airport facilities for the servicing of aircraft and for the comfort and accommodation of air travelers and (5) purchase and sell equipment and supplies as an incident to the operation of its airport properties. It may not, however, acquire or take over any airport or other air navigation facility owned or controlled by any other municipality of the state without the consent of such municipality. It may use for airport purposes any available property that is now or may at any time hereafter be owned or controlled by it. Such air navigation facilities as are established on airports shall be supplementary to and coordinated in design and operation with those established and operated by the federal and state governments.
Source
Laws 1945, c. 34, § 2(1), p. 156.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-203 - Municipality; property, territorial or extraterritorial; acquire; right of eminent domain; procedure; effect.

3-203.
Municipality; property, territorial or extraterritorial; acquire; right of eminent domain; procedure; effect.
Property needed by a municipality for an airport or restricted landing area, for the enlargement of either, or for other airport purposes may be acquired by purchase, gift, devise, lease, or other means, if such municipality is able to agree with the owners of the property on the terms of such acquisition, and otherwise by condemnation. Full power to exercise the right of eminent domain for such purposes is hereby granted every municipality both within and without its territorial limits. For all property which is to be acquired by a city of the metropolitan class outside of its zoning jurisdiction, approval must be obtained from the county board of the county where the property is located before the right of eminent domain may be exercised. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724. The title to real property so acquired shall be in fee simple, absolute, and unqualified in any way. The fact that the property needed has been acquired by the owner under power of eminent domain shall not prevent its acquisition by the municipality by the exercise of the right of eminent domain herein conferred. It shall not be precluded from abandoning the condemnation of any such property in any case where possession thereof has not been taken.
Source
Laws 1945, c. 34, § 2(2), p. 157;
Laws 1947, c. 7, § 1, p. 69;
Laws 1951, c. 101, § 27, p. 458;
Laws 1981, LB 354, § 1.
Cross References
For acquisition of aviation fields by cities and villages through eminent domain, see section 18-1501.
Annotations
Where but one municipality is involved and charter thereof prescribes procedure for condemnation, that procedure must be followed. Spencer v. Village of Wallace, 153 Neb. 536, 45 N.W.2d 473 (1951).
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-204 - Airport hazards; municipality; easements; acquire; right of eminent domain; effect on zoning.

3-204.
Airport hazards; municipality; easements; acquire; right of eminent domain; effect on zoning.
Where necessary, in order to provide unobstructed air space for the landing and taking off of aircraft utilizing airports or restricted landing areas acquired or operated under the provisions of sections 3-201 to 3-238 and 18-1502, every municipality is authorized to acquire, in the same manner as is provided for the acquisition of property for airport purposes, easements through or other interests in air spaces over land or water, interests in airport hazards outside the boundaries of the airports or restricted landing areas and such other airport protection privileges as are necessary to insure safe approaches to the landing areas of said airports or restricted landing areas and the safe and efficient operation thereof. It is also hereby authorized to acquire, in the same manner, the right or easement, for a term of years or perpetually, to place or maintain suitable marks for the daytime marking and suitable lights for the nighttime marking of airport hazards, including the right of ingress and egress to or from such airport hazards, for the purpose of maintaining and repairing such lights and marks. This authority shall not be so construed as to limit any right, power or authority to zone property adjacent to airports and restricted landing areas under the provisions of any law of this state.
Source
Laws 1945, c. 34, § 2(3), p. 157.
Annotations
Airport authority was authorized to acquire by eminent domain an aviation easement. Johnson v. Airport Authority, 173 Neb. 801, 115 N.W.2d 426 (1962).
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-205 - Encroachment upon airport protection privileges; unlawful; removal.

3-205.
Encroachment upon airport protection privileges; unlawful; removal.
It shall be unlawful for anyone to build, rebuild, create, or cause to be built, rebuilt, or created any object, or plant, cause to be planted or permit to grow higher any tree or trees or other vegetation, which shall encroach upon any airport protection privileges acquired pursuant to the provisions of sections 3-202 to 3-204. Any such encroachment is declared to be a public nuisance and may be abated in the manner prescribed by law for the abatement of public nuisances, or the municipality in charge of the airport or restricted landing area for which airport protection privileges have been acquired as in sections 3-202 to 3-204 provided may go upon the land of others and remove any such encroachment without being liable for damages in so doing.
Source
Laws 1945, c. 34, § 2(4), p. 158.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-206 - Acquisition of property; purposes.

3-206.
Acquisition of property; purposes.
(1) The acquisition of any lands for the purpose of establishing airports or other air navigation facilities, (2) the acquisition of airport protection privileges, (3) the acquisition, establishment, construction, enlargement, improvement, maintenance, equipment, and operation of airports and other air navigation facilities, and (4) the exercise of any other powers herein granted to municipalities are hereby declared to be public, governmental, and municipal functions exercised for a public purpose and matters of public necessity. Such lands and other property, easements, and privileges acquired and used by such municipalities in the manner and for the purposes enumerated in the Revised Airports Act shall and are hereby declared to be public property.
Source
Laws 1945, c. 34, § 3(1), p. 158;
Laws 2001, LB 173, § 3.
Annotations
The statutes governing airports were not expressly or impliedly repealed by the passage of the 1998 constitutional amendment to Neb. Const. art. VIII, sec. 2, or subsection (1)(a) of section 77-202. Airports owned and operated by municipalities are exempt from taxation. City of York v. York Cty. Bd. of Equal., 266 Neb. 297, 664 N.W.2d 445 (2003).
Declaration of public purpose does not determine whether operation of airport is in a governmental or in a proprietary capacity. Brasier v. Cribbett, 166 Neb. 145, 88 N.W.2d 235 (1958).
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-208 - Acquisition of property; prior acts validated.

3-208.
Acquisition of property; prior acts validated.
Any acquisition of property, within or without the limits of any municipality, for airports and other air navigation facilities, or of airport protection privileges, heretofore made by any such municipality in any manner, together with the conveyance and acceptance thereof, is hereby legalized and made valid and effective.
Source
Laws 1945, c. 34, § 4, p. 159.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-209 - Municipality; acquired property and income; exempt from taxation.

3-209.
Municipality; acquired property and income; exempt from taxation.
Any property acquired by a municipality pursuant to the provisions of sections 3-201 to 3-238 and 18-1502 shall be exempt from taxation to the same extent as other property used for public purposes. All income received in connection with the operation by a municipality of any airport or other air navigation facility shall also be exempt from taxation.
Source
Laws 1945, c. 34, § 5, p. 159.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-210 - Municipality; costs; paid by appropriation of funds or bonds; cost, defined.

3-210.
Municipality; costs; paid by appropriation of funds or bonds; cost, defined.
The cost of investigating, surveying, planning, acquiring, establishing, constructing, enlarging or improving or equipping airports and other air navigation facilities, and the sites therefor, including structures and other property incidental to their operation, in accordance with the provisions of sections 3-201 to 3-238 and 18-1502 may be paid for by appropriation of money available therefor, or wholly or partly from the proceeds of bonds of the municipality, as the governing body of the municipality shall determine. The word cost includes awards in condemnation proceedings and rentals where an acquisition is by lease.
Source
Laws 1945, c. 34, § 6(1), p. 159.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-211 - Bonds; issuance; limitation.

3-211.
Bonds; issuance; limitation.
Any bonds to be issued by any municipality pursuant to the provisions of sections 3-201 to 3-238 and 18-1502 shall be authorized and issued in the manner and within the limitation, except as herein otherwise provided, prescribed by the laws of this state or the charter of the municipality for the issuance and authorization of bonds thereof for the construction of works of internal improvements.
Source
Laws 1945, c. 34, § 6(2), p. 159.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-212 - Bonds; issuance; prior issues validated; issuance of additional bonds; legal obligations.

3-212.
Bonds; issuance; prior issues validated; issuance of additional bonds; legal obligations.
In all cases where a municipality has heretofore issued any bonds for the purpose of investigating, surveying, planning, acquiring, establishing, constructing, enlarging, equipping, or improving any airport, or other air navigation facility, or site therefor, or to meet the cost of structures of other property incidental to their operation, whether such airport or other air navigation facility was termed, under the law existing at the time of the issuance of such bonds, an airport, a landing field, a landing strip, an aviation field, or a flying field, or has incurred any other indebtedness, or entered into any lease or other contract in connection with the acquisition, establishment, construction, ownership, enlargement, control, leasing, equipment, improvement, maintenance, operation, or regulation of any such airport or other air navigation facility, or site therefor, or structure or other property incidental to its operation, the proceedings heretofore taken in all such cases are hereby in all respects validated and confirmed. Any bonds already issued thereunder are validated and made legal obligations of such municipality and such municipality is hereby authorized and empowered, pursuant to such proceedings, to issue further bonds for such purposes up to the limit fixed in the original authorization thereof, without limitation of the general power herein granted to all municipalities in this state, which bonds when issued shall be legal obligations of such municipality according to their terms.
Source
Laws 1945, c. 34, § 6(3), p. 160.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-213 - Municipalities; power to raise funds; use.

3-213.
Municipalities; power to raise funds; use.
The governing bodies having power to appropriate money within the municipalities in this state acquiring, establishing, constructing, enlarging, improving, maintaining, equipping or operating airports and other air navigation facilities under the provisions of sections 3-201 to 3-238 and 18-1502, are hereby authorized to appropriate and cause to be raised by taxation or otherwise in such municipalities, sufficient money to carry out the provisions of sections 3-201 to 3-238 and 18-1502.
Source
Laws 1945, c. 34, § 7(1), p. 160.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-214 - Revenue; disposition; excess.

3-214.
Revenue; disposition; excess.
The revenue obtained from the ownership, control and operation of any such airport or other air navigation facility shall be used, first, to finance the maintenance, improvement and operating expenses thereof and, second, to make payments of interest on and current principal requirements of any outstanding bonds or certificates issued for the acquisition or improvement thereof, and to make payment of interest on any mortgage heretofore made. Revenue in excess of the foregoing requirements may be applied to finance the extension or improvement of the airport or other air navigation facilities.
Source
Laws 1945, c. 34, § 7(2), p. 160.