reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-2612 - Reasonable allowance for use, defined.

69-2612.
Reasonable allowance for use, defined.
Reasonable allowance for use means an amount up to a maximum of the amount obtained by multiplying the total amount for which the written lease obligates the consumer by a fraction, the denominator of which is one thousand eight hundred twenty-five and the numerator of which is the number of days that the consumer used the assistive device before first reporting the nonconformity to the manufacturer, assistive device lessor, or assistive device dealer.
Source
Laws 1997, LB 802, § 12.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-2613 - Reasonable attempt to repair, defined.

69-2613.
Reasonable attempt to repair, defined.
Reasonable attempt to repair means within the terms of an express warranty applicable to a new assistive device:
(1) Any nonconformity within the warranty that has been repaired by the manufacturer, the assistive device lessor, or any of the manufacturer's authorized assistive device dealers on at least two previous occasions and a nonconformity continues; or
(2) The assistive device is out of service for repair for an aggregate of at least thirty cumulative days because of warranty nonconformity.
Source
Laws 1997, LB 802, § 13.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-2614 - Manufacturer; express warranty; requirements.

69-2614.
Manufacturer; express warranty; requirements.
(1) A manufacturer who sells an assistive device to a consumer, either directly or through an assistive device dealer, shall furnish the consumer with an express warranty for the assistive device. The duration of the express warranty shall be not less than one year after first delivery of the assistive device to the consumer. If a manufacturer fails to furnish an express warranty as required by this section, the assistive device shall be covered by an express warranty for a period of one year as if the manufacturer had furnished an express warranty to the consumer as required by this section.
(2) An express warranty does not take effect until the consumer takes possession of the new assistive device.
(3) If a new assistive device does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the assistive device lessor, or any of the manufacturer's authorized assistive device dealers and makes the assistive device available for repair before one year after first delivery of the device to a consumer, the nonconformity shall be repaired or a refund or replacement shall be made pursuant to section 69-2615.
Source
Laws 1997, LB 802, § 14.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-2616 - Returned assistive device; resale or subsequent lease; lease; enforcement.

69-2616.
Returned assistive device; resale or subsequent lease; lease; enforcement.
(1) No assistive device returned by a consumer or assistive device lessor in this state or in any other state may be sold or leased again in this state unless full written disclosure of the reasons for return is made to any prospective buyer or lessee.
(2) No person may enforce the lease against the consumer after the consumer receives a refund.
Source
Laws 1997, LB 802, § 16.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-2617 - Rights and remedies.

69-2617.
Rights and remedies.
(1) The Assistive Technology Regulation Act shall not limit rights or remedies available to a consumer under any other law.
(2) Any waiver of rights by a consumer under the act shall be void.
(3) In addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of the act. The court shall award a consumer who prevails in such an action the amount of any pecuniary loss, together with costs, disbursements, reasonable attorney's fees, and any equitable relief that the court determines is appropriate.
Source
Laws 1997, LB 802, § 17.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-2618 - Rental assistive device reimbursement; when.

69-2618.
Rental assistive device reimbursement; when.
(1) If an assistive device covered by a manufacturer's express warranty is tendered by a consumer to the dealer from whom it was purchased or exchanged for the repair of any nonconformity to which the warranty is applicable and at least one of the conditions described in subdivision (a) or (b) of this subsection exists, the manufacturer shall provide directly to the consumer for the duration of the repair period a rental assistive device reimbursement of up to twenty dollars per day. The applicable conditions are:
(a) The repair period exceeds ten working days, including the day on which the device is tendered to the dealer for repair; or
(b) The nonconformity is the same for which the assistive device has been tendered to the dealer for repair on at least two previous occasions.
(2) The provisions of this section regarding a manufacturer's duty shall apply for the period of the manufacturer's express warranty or for one year from delivery of the assistive device to the consumer, whichever period of time is longer.
Source
Laws 1997, LB 802, § 18.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-2701 - Tobacco Enforcement Fund; created; use; investment.

69-2701.
Tobacco Enforcement Fund; created; use; investment.
(1) For purposes of this section, Master Settlement Agreement means the settlement agreement (and related documents) entered into on November 23, 1998, by the state and leading United States tobacco manufacturers.
(2) The Tobacco Enforcement Fund is created. Any money received by the state from the State Enforcement Fund established as part of the Master Settlement Agreement shall be deposited into the Tobacco Enforcement Fund. The fund shall be used by the Attorney General to enforce the Master Settlement Agreement and to investigate and litigate potential violations of state tobacco laws. The Attorney General may contract with the Nebraska State Patrol and local law enforcement agencies to assist with the investigation. The contractual costs may be paid from the fund. Any money in the 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.
Source
Laws 1999, LB 324, § 6.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-2703.01 - Unconstitutionality of amendatory provision; effect.

69-2703.01.
Unconstitutionality of amendatory provision; effect.
If the amendments to subdivision (2)(b)(ii) of section 69-2703 made by Laws 2004, LB 944, are held by a court of competent jurisdiction to be unconstitutional, then the changes made by Laws 2004, LB 944, shall be deemed repealed and subdivision (2)(b)(ii) of section 69-2703 shall be deemed to be in the form as it existed prior to such amendments. Neither a holding of unconstitutionality nor an implied repeal of the amendment shall affect, impair, or invalidate any other portion of section 69-2703 or the application of such section to any other person or circumstance and those remaining portions of section 69-2703 shall at all times continue in full force and effect.
Source
Laws 2004, LB 944, § 2.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-2703.02 - Tobacco product manufacturer; qualified escrow fund; irrevocable assignment; form; amounts withdrawn; distribution.

69-2703.02.
Tobacco product manufacturer; qualified escrow fund; irrevocable assignment; form; amounts withdrawn; distribution.
(1) Notwithstanding subdivision (2)(b) of section 69-2703, a tobacco product manufacturer that elects to place funds into a qualified escrow fund pursuant to subdivision (2)(a) of section 69-2703 may make an irrevocable assignment of its interest in the fund to the benefit of the State of Nebraska. Such assignment shall be permanent and apply to all monetary amounts in the subject qualified escrow fund or that may subsequently come into the fund, including those deposited into the qualified escrow fund prior to the assignment being executed, those deposited into the qualified escrow fund after the assignment is executed, and interest or other appreciation on the amounts. The tobacco product manufacturer, the Attorney General, and the financial institution where the qualified escrow fund is maintained may make such amendments to the qualified escrow fund agreement, the title to the account, and the account itself as may be necessary to effectuate an assignment of rights executed pursuant to this subsection (1) or a withdrawal of amounts from the qualified escrow fund pursuant to subsection (2) of this section. An assignment of rights executed pursuant to this section shall be in writing, shall have received prior approval issued in writing by the Attorney General, shall be signed by the tobacco product manufacturer or a duly authorized representative of the tobacco product manufacturer making the assignment, and shall become effective upon delivery of the assignment to the Attorney General and the financial institution where the qualified escrow fund is maintained.
(2) Notwithstanding subdivision (2)(b) of section 69-2703, any escrow amounts assigned to the State of Nebraska pursuant to subsection (1) of this section shall be withdrawn by the state upon request by the State Treasurer and approval by the Attorney General. Any amounts withdrawn pursuant to this subsection shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska, and shall be calculated on a dollar-for-dollar basis as a credit against any judgment or settlement described in subdivision (2)(b) of section 69-2703 which may be obtained against the tobacco product manufacturer who has assigned the amounts in the subject qualified escrow fund. Nothing in this section shall be construed to relieve a tobacco product manufacturer from any past, current, or future obligations the manufacturer may have pursuant to sections 69-2701 to 69-2711.
Source
Laws 2019, LB397, § 12.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-2704 - Legislative findings.

69-2704.
Legislative findings.
The Legislature finds that violations of sections 69-2702 and 69-2703 threaten the integrity of the tobacco Master Settlement Agreement, the fiscal soundness of the state, and the public health. The Legislature finds that enacting procedural enhancements will aid the enforcement of sections 69-2702 and 69-2703 and thereby safeguard the Master Settlement Agreement, the fiscal soundness of the state, and the public health.
Source
Laws 2003, LB 572, § 1.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-2707 - Nonresident or foreign nonparticipating manufacturer; agent for service of process.

69-2707.
Nonresident or foreign nonparticipating manufacturer; agent for service of process.
(1) Any nonresident or foreign nonparticipating manufacturer that has not registered to do business in the state as a foreign corporation or business entity shall, as a condition precedent to having its brand families included or retained in the directory created in subsection (2) of section 69-2706, appoint and continually engage without interruption the services of an agent in Nebraska to act as agent for the service of process on whom all process, and any action or proceeding against it concerning or arising out of the enforcement of sections 69-2703 to 69-2711, may be served in any manner authorized by law. Such service shall constitute legal and valid service of process on the nonparticipating manufacturer. The nonparticipating manufacturer shall provide the name, address, telephone number, and proof of the appointment and availability of such agent to the Tax Commissioner and Attorney General.
(2) The nonparticipating manufacturer shall provide notice to the Tax Commissioner and Attorney General thirty calendar days prior to termination of the authority of an agent and shall further provide proof to the satisfaction of the Attorney General of the appointment of a new agent no less than five calendar days prior to the termination of an existing agent appointment. In the event an agent terminates an agency appointment, the nonparticipating manufacturer shall notify the Tax Commissioner and Attorney General of the termination within five calendar days and shall include proof to the satisfaction of the Attorney General of the appointment of a new agent.
(3) Any nonparticipating manufacturer whose products are sold in this state who has not appointed and engaged the services of an agent as required by this section shall be deemed to have appointed the Secretary of State as its agent for service of process. The appointment of the Secretary of State as agent shall not satisfy the condition precedent required in subsection (1) of this section to have the nonparticipating manufacturer's brand families included or retained in the directory.
Source
Laws 2003, LB 572, § 4;
Laws 2007, LB580, § 2;
Laws 2011, LB590, § 8;
Laws 2019, LB397, § 15.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-2708.01 - Stamping agent; responsible for escrow deposits; when; liability; calculation.

69-2708.01.
Stamping agent; responsible for escrow deposits; when; liability; calculation.
(1) A stamping agent shall be responsible for escrow deposits required under subdivision (2) of section 69-2703 in the event it receives notice from the Attorney General that there is a shortfall amount with respect to nonparticipating manufacturer cigarettes stamped by it.
(2) The liability of a stamping agent for escrow deposits shall be calculated as follows: If there is a shortfall amount for a nonparticipating manufacturer for a calendar quarter, each stamping agent that sold cigarettes of that nonparticipating manufacturer during the calendar quarter shall deposit into such escrow account as shall be designated by the state an amount equal to the applicable shortfall amount multiplied by a fraction, the numerator of which is the number of cigarettes of that nonparticipating manufacturer sold in or into the state by the stamping agent during that calendar quarter and the denominator of which is the total number of cigarettes of that nonparticipating manufacturer sold by all stamping agents in or into the state during that calendar quarter, except that any nonparticipating manufacturer cigarettes sold in or into the state by a stamping agent during the calendar quarter in which the stamping agent collected and deposited the required escrow deposit amount on or before the due date for deposits for that quarter under subdivision (2) of section 69-2703 shall be excluded from both the numerator and the denominator of the fraction. To the extent a stamping agent makes payments with respect to a shortfall amount under this subsection, such stamping agent shall have a claim against the nonparticipating manufacturer for such amount.
(3) A stamping agent shall not be liable for escrow deposits under subsections (1) and (2) of this section if, at the time of purchase of such nonparticipating manufacturer's cigarettes:
(a) The nonparticipating manufacturer is on the directory pursuant to section 69-2706; and
(b) The state denotes on the directory that the nonparticipating manufacturer has posted the appropriate bond required under section 69-2707.01.
Source
Laws 2011, LB590, § 11.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-2710 - Removal from directory; procedure.

69-2710.
Removal from directory; procedure.
(1) Before any tobacco product manufacturer may be removed from the directory, the Tax Commissioner shall provide the tobacco product manufacturer thirty days' notice of the intended action and shall post the notice in the directory. The tobacco product manufacturer shall have thirty days to come into compliance with sections 69-2703 to 69-2711 or, in the alternative, secure a temporary injunction against removal in the district court of Lancaster County. For purposes of the temporary injunction sought pursuant to this subsection, loss of the ability to sell tobacco products as a result of removal from the directory shall constitute irreparable harm. If after thirty days the tobacco product manufacturer remains in noncompliance and has not obtained a temporary injunction pursuant to this subsection, the tobacco product manufacturer shall be removed from the directory.
(2) If the Tax Commissioner determines that a tobacco product manufacturer shall not be included in the directory, such manufacturer may request a contested case before the Tax Commissioner under the Administrative Procedure Act. The Tax Commissioner shall notify the tobacco product manufacturer in writing of the determination not to include it in the directory. A request for hearing shall be made within thirty calendar days after the date of the determination that the manufacturer shall not be included in the directory and shall contain the evidence supporting the manufacturer's compliance with sections 69-2703 to 69-2711. The hearing shall be held within sixty days after the request. At the hearing, the Tax Commissioner shall determine whether the tobacco product manufacturer is in compliance with sections 69-2703 to 69-2711 and whether the manufacturer should be listed in the directory. A final decision shall be rendered within thirty days after the hearing. Any decision of the Tax Commissioner may be appealed. The appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 2003, LB 572, § 7;
Laws 2011, LB590, § 13;
Laws 2019, LB397, § 18.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-2710.01 - Report; contents.

69-2710.01.
Report; contents.
(1) Any person that during a month acquired, purchased, sold, possessed, transferred, transported, or caused to be transported in or into this state cigarettes of a tobacco product manufacturer or brand family that was not in the directory at the time shall, within fifteen days following the end of that month, file a report in the manner prescribed by the Tax Commissioner and certify to the state that the report is complete and accurate. The report shall contain, in addition to any further information that the Tax Commissioner may reasonably require to assist the Tax Commissioner in enforcing sections 69-2701 to 69-2711 and 77-2601 to 77-2622 and the Tobacco Products Tax Act, the following information:
(a) The total number of those cigarettes, in each case identifying by name and number of cigarettes (i) the manufacturers of those cigarettes, (ii) the brand families of those cigarettes, (iii) in the case of a sale or transfer, the name and address of the recipient of those cigarettes, (iv) in the case of an acquisition or purchase, the name and address of the seller or sender of those cigarettes, and (v) the other states in whose directory the manufacturer and brand family of those cigarettes were listed at the time and whose stamps the person is authorized to affix; and
(b) In the case of acquisition, purchase, or possession, the details of the person's subsequent sale or transfer of those cigarettes, identifying by name and number of cigarettes (i) the brand families of those cigarettes, (ii) the date of the sale or transfer, (iii) the name and address of the recipient, (iv) the number of stamps of each other state that the person affixed to the packages containing those cigarettes during that month, (v) the total number of cigarettes contained in the packages to which it affixed each respective other state's stamp, (vi) the manufacturers and brand families of the packages to which it affixed each respective other state's stamp, and (vii) a certification that it reported each sale or transfer to the taxing authority of the other state by fifteen days following the end of the month in which the sale or transfer was made and attaching a copy of all such reports. If the subsequent sale or transfer is from this state into another state in packages not bearing a stamp of the other state, the report shall also contain the information described in subdivision (2)(c) of section 77-2604.01.
(2) Reports under this section shall be in addition to reports under sections 69-2708, 77-2604, and 77-2604.01.
Source
Laws 2011, LB590, § 14;
Laws 2017, LB217, § 4;
Laws 2019, LB397, § 19.
Cross References
Tobacco Products Tax Act, see section 77-4001.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-2710.02 - License of stamping agent; termination; grounds; cure; notice; reinstatement; removal from directory; grounds; cure; notice; procedure.

69-2710.02.
License of stamping agent; termination; grounds; cure; notice; reinstatement; removal from directory; grounds; cure; notice; procedure.
(1) The license of a stamping agent may be subject to termination if its similar license is terminated in any other state based on acts or omissions that would be grounds for license termination under subsection (2) of section 69-2709, unless the stamping agent demonstrates that its termination in the other state was effected without due process. If a stamping agent's license is terminated in another state for a violation similar to a violation listed in subdivision (2)(a), (b), (c), or (d) of section 69-2709 that was not knowing or intentional, the stamping agent shall not be subject to license termination if the stamping agent fully cures such violation and provides notice of such cure to the Department of Revenue within ten days after receipt of notice of such violation. A stamping agent whose license is terminated under this subsection shall be eligible for reinstatement upon the earlier of the date specified by subsection (7) of section 69-2709 for the act or omission in question or reinstatement of its license by the other state.
(2) A tobacco product manufacturer and its brand families may be removed from the directory if it is removed from the directory of another state based on acts or omissions that would, if done in this state, be grounds for removal from the directory under section 69-2706, 69-2707, 69-2707.01, or 69-2710 or subsection (6) of section 69-2709, unless the tobacco product manufacturer demonstrates that its removal from the other state's directory was effected without due process, that it fully cured such violation and provided notice of such cure to the Department of Revenue within thirty days after receipt of notice of the violation, or that it secured a temporary injunction against removal from the directory in the district court of Lancaster County. For purposes of a temporary injunction sought pursuant to this subsection, loss of the ability to sell tobacco products as a result of removal from the directory shall constitute irreparable harm. If, after thirty days, the tobacco product manufacturer remains in noncompliance and has not obtained a temporary injunction pursuant to this subsection, the tobacco product manufacturer shall be removed from the directory. A manufacturer that is removed from the directory under this subsection shall be eligible for reinstatement upon the earlier of the date on which it cures the violation or is reinstated to the directory in the other state.
(3) The applicable procedures under section 77-2615.01 shall apply to terminations and removals under this section.
Source
Laws 2011, LB590, § 15.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-2710.03 - Rules and regulations.

69-2710.03.
Rules and regulations.
The Tax Commissioner may adopt and promulgate rules and regulations necessary to effect the purposes of sections 69-2703 to 69-2711.
Source
Laws 2011, LB590, § 16;
Laws 2019, LB397, § 20.
2023 Nebraska Revised Statutes › Chapter 69 - Personal Property › 69-2711 - Conflict of laws; how treated.

69-2711.
Conflict of laws; how treated.
If a court of competent jurisdiction finds that the provisions of sections 69-2704 to 69-2711 and of sections 69-2702 and 69-2703 conflict and cannot be harmonized, then the provisions of sections 69-2702 and 69-2703 shall control. If sections 69-2704 to 69-2711 or any part of any such sections causes sections 69-2702 and 69-2703 to no longer constitute a Qualifying or Model Statute, as those terms are defined in the Master Settlement Agreement, then that portion of sections 69-2704 to 69-2711 shall not be valid.
Source
Laws 2003, LB 572, § 13;
Laws 2011, LB590, § 17.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-101 - Districts and corporations; furnish information; enforcement.

70-101.
Districts and corporations; furnish information; enforcement.
Notwithstanding any other provision of law regarding confidentiality of records, every district or corporation organized under Chapter 70 shall, upon request, furnish to any county attorney, any authorized attorney as defined in section 42-347, or the Department of Health and Human Services a utility service subscriber's name, social security number, and mailing and residence addresses only for the purposes of establishing and collecting child, spousal, and medical support and of conducting reviews under sections 43-512.12 to 43-512.18. Such information shall be used for no other purpose. An action may be filed in district court to enforce this section. For purposes of this section, utility service shall mean electrical, gas, water, telephone, garbage disposal, or waste disposal service.
Source
Laws 1994, LB 1224, § 82;
Laws 1996, LB 1044, § 368;
Laws 1997, LB 307, § 113.
Cross References
Records, withheld from public, see section 84-712.05.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-301 - Right-of-way; acquisition; procedure; approval.

70-301.
Right-of-way; acquisition; procedure; approval.
Any public power district, corporation, or municipality that engages in the generation or transmission, or both, of electric energy for sale to the public for light and power purposes, the production, storage, or distribution of hydrogen for use in fuel processes, or the production or distribution, or both, of ethanol for use as fuel may acquire right-of-way over and upon lands, except railroad right-of-way and depot grounds, for the construction of pole lines or underground lines necessary for the conduct of such business and for the placing of all poles and constructions for the necessary adjuncts thereto, in the same manner as railroad corporations may acquire right-of-way for the construction of railroads. Such district, corporation, or municipality shall give public notice of the proposed location of such pole lines or underground lines with a voltage capacity of thirty-four thousand five hundred volts or more which involves the acquisition of rights or interests in more than ten separately owned tracts by causing to be published a map showing the proposed line route in a legal newspaper of general circulation within the county where such line is to be constructed at least thirty days before negotiating with any person, firm, or corporation to acquire easements or property for such purposes and shall consider all objections which may be filed to such location. After securing approval from the Public Service Commission and having complied with sections 70-305 to 70-309 and 86-701 to 86-707, such public power districts, corporations, and municipalities shall have the right to condemn a right-of-way over and across railroad right-of-way and depot grounds for the purpose of crossing the same. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.
Source
Laws 1927, c. 107, § 1, p. 295;
C.S.1929, § 70-401;
R.S.1943, § 70-301;
Laws 1951, c. 101, § 104, p. 495;
Laws 1969, c. 545, § 1, p. 2199;
Laws 1973, LB 187, § 7;
Laws 1986, LB 1230, § 33;
Laws 2002, LB 1105, § 467;
Laws 2005, LB 139, § 1;
Laws 2009, LB238, § 8.
Annotations
The authority of a public power district to acquire right-of-way for transmission lines by eminent domain is conferred by this section. This section refers specifically and exclusively to the acquisition of "right-of-way over and upon lands" for the purpose of constructing overhead or underground transmission lines. It does not permit the acquisition of any other interest in land for any other purpose. The power of eminent domain conferred by this section reflects legislative intent that a public power district may exercise the power of eminent domain to acquire right-of-way over public lands. SID No. 1 of Fillmore County v. Nebraska Pub. Power Dist., 253 Neb. 917, 573 N.W.2d 460 (1998).
The procedure to condemn shall be exercised in the manner set forth in sections 76-704 to 76-724. Krupicka v. Village of Dorchester, 19 Neb. App. 242, 804 N.W.2d 37 (2011).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-303 - Right-of-way; abandonment, effect of.

70-303.
Right-of-way; abandonment, effect of.
If any pole line or underground line constructed under section 70-301 be abandoned for a period of five years, the right-of-way or easement acquired for its construction shall revert to the owner of the property affected.
Source
Laws 1927, c. 107, § 1, p. 295;
C.S.1929, § 70-401;
R.S.1943, § 70-303;
Laws 1963, c. 394, § 1, p. 1252;
Laws 1969, c. 545, § 2, p. 2200.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-304 - Right-of-way; acquisition; crop damage.

70-304.
Right-of-way; acquisition; crop damage.
Any such public power district, corporation or municipality acquiring any easement or right-of-way hereunder shall be liable to the owner of the land affected for any damage to growing crops not included in the original settlement or award.
Source
Laws 1927, c. 107, § 2, p. 296;
C.S.1929, § 70-402;
R.S.1943, § 70-304;
Laws 1969, c. 545, § 3, p. 2200.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-305 - Right-of-way; damage to private property; procedure.

70-305.
Right-of-way; damage to private property; procedure.
Any person engaged in the generating or transmitting of electric current for sale, use, or purchase in the state for power or other purposes is granted the right-of-way for all necessary poles and wires along, within, and across any of the public highways of this state. Such person is liable for all damages to private property by reason of the use of the public highways for such purpose. Such damages shall be ascertained and determined in the manner set forth in sections 76-704 to 76-724.
Source
Laws 1903, c. 117, § 1, p. 608;
R.S.1913, § 7420;
Laws 1917, c. 135, § 1, p. 320;
Laws 1921, c. 259, § 1, p. 874;
C.S.1922, § 7099;
C.S.1929, § 86-303;
Laws 1943, c. 231, § 2, p. 780;
R.S.1943, § 86-305;
Laws 1951, c. 101, § 124, p. 504;
Laws 1967, c. 626, § 1, p. 2090;
R.S.1943, (1999), § 86-305;
Laws 2002, LB 1105, § 468.
Annotations
Right given to utility companies to erect poles and wires along highways is valuable franchise right subject to taxation. Northern Nebraska Power Co. v. Holt County, 120 Neb. 724, 235 N.W. 92 (1931).
Under former section, company erecting transmission line may assume that line of highway is where trees and fences are found, until line is otherwise fixed. Saline County v. Blue River Power Co., 102 Neb. 758, 169 N.W. 785 (1918).
Former section did not apply to telephone companies which furnish telephone service exclusively. Alt v. State, 88 Neb. 259, 129 N.W. 432 (1911).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-306 - Placement of lines; procedure.

70-306.
Placement of lines; procedure.
(1) Any electric wire shall be placed at least eighteen feet above all road crossings. Any electric poles and wires shall be so placed as not to interfere with the public use of such highways, and if practicable, the poles shall be set upon the line of such highways.
(2) If any person engaged in distributing, generating, or transmitting electric current for power or other purposes by means of wires seeks to construct an electric wire over and across any railroad tracks, telegraph wires, or rights-of-way of any railroad company in this state and the electric wire intersects and crosses streets, highways, alleys, and other public thoroughfares, or elsewhere, such person and railroad company shall first endeavor to agree by a contract as to the manner and kind of crossing to be constructed. The contract shall at a minimum meet the requirements of sections 75-706 and 75-707 as to terms and conditions of such construction or placement and shall include the compensation, if any, to be awarded as damages. If no contract is reached, the person may proceed to have the same ascertained and determined in the manner set forth in sections 76-704 to 76-724.
Source
Laws 1903, c. 117, § 1, p. 608;
R.S.1913, § 7420;
Laws 1917, c. 135, § 1, p. 320;
Laws 1921, c. 259, § 1, p. 874;
C.S.1922, § 7099;
C.S.1929, § 86-303;
Laws 1943, c. 231, § 2, p. 780;
R.S.1943, § 86-306;
Laws 1951, c. 101, § 125, p. 505;
R.S.1943, (1999), § 86-306;
Laws 2002, LB 1105, § 469.
Annotations
Wires at railroad crossing must be kept so they do not interfere with work of trainmen. Scherzer v. Lincoln Traction Co., 91 Neb. 407, 136 N.W. 62 (1912).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-307 - Placement of lines; violation; penalty.

70-307.
Placement of lines; violation; penalty.
If any person engaged in distributing, generating, or transmitting electric current for power or other purposes by means of wires constructs or places electric wires over the railroad tracks, telegraph wires, or rights-of-way of any railroad company in violation of section 70-305, section 75-708 shall apply.
Source
Laws 1903, c. 117, § 1, p. 608;
R.S.1913, § 7420;
Laws 1917, c. 135, § 1, p. 320;
Laws 1921, c. 259, § 1, p. 874;
C.S.1922, § 7099;
C.S.1929, § 86-303;
Laws 1943, c. 231, § 2, p. 780;
R.S.1943, § 86-307;
R.S.1943, (1999), § 86-307;
Laws 2002, LB 1105, § 470.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-308 - Property within village or city; how treated.

70-308.
Property within village or city; how treated.
Section 70-305 shall not be construed to grant any rights within the corporate limits of any village or city in this state.
Source
Laws 1903, c. 117, § 1, p. 608;
R.S.1913, § 7420;
Laws 1917, c. 135, § 1, p. 320;
Laws 1921, c. 259, § 1, p. 874;
C.S.1922, § 7099;
C.S.1929, § 86-303;
Laws 1943, c. 231, § 2, p. 780;
R.S.1943, § 86-308;
R.S.1943, (1999), § 86-308;
Laws 2002, LB 1105, § 471.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-309 - Electrical transmission lines; state or federal highways; regulation by Department of Transportation.

70-309.
Electrical transmission lines; state or federal highways; regulation by Department of Transportation.
If the public road, along, upon, across, or under which the right to construct, operate, and maintain the electrical transmission line is granted, is a state or federal highway, then the location and installation of the electrical transmission facilities, insofar as they pertain to the present and future use of the rights-of-way for highway purposes, shall be subject to reasonable regulations and restrictions prescribed by the Department of Transportation. If the future use of the state or federal highway requires the moving or relocating of the facilities, then such facilities shall be removed or relocated by the owner, at the owner's cost and expense, and as directed by the Department of Transportation except as provided by section 39-1304.02.
Source
Laws 1943, c. 231, § 2, p. 780;
R.S.1943, § 86-308.01;
Laws 1957, c. 171, § 4, p. 593;
R.S.1943, (1999), § 86-308.01;
Laws 2002, LB 1105, § 472;
Laws 2017, LB339, § 245.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-311 - Electric transmission or electric distribution lines; notice of road, road ditch improvement, or other projects; when given.

70-311.
Electric transmission or electric distribution lines; notice of road, road ditch improvement, or other projects; when given.
(1) Whenever any county or township road construction, widening, repair, or grading project or any road ditch improvement project requires, or can reasonably be expected to require, the performance of any work within ten feet of any electric transmission or electric distribution line, poles, or anchors, notice to the owner of such line, poles, or anchors shall be given by the respective county or township officers in charge of such projects. Such notice shall be given at least ninety days prior to the start of any work when, because of road construction, widening, repair, or grading or a road ditch improvement project, or for any other reason, it is necessary to relocate such line, poles, or anchors or if such work will compromise the structural integrity of the line, poles, or anchors.
(2) If a natural resources district will be altering a road structure or grading or moving earth for a flood control, recreation, or other project that requires, or can reasonably be expected to require, the performance of any work within ten feet of any electric transmission or electric distribution line, poles, or anchors, notice to the owner of such line, poles, or anchors shall be given by the respective natural resources district in charge of such projects. Such notice shall be given at least ninety days prior to the start of any work when, because of such road structure alteration or grading or moving earth, or for any other reason, it is necessary to relocate such line, poles, or anchors or if such work will compromise the structural integrity of the line, poles, or anchors.
Source
Laws 2002, LB 1105, § 474;
Laws 2010, LB643, § 1.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-312 - Electric transmission or electric distribution lines; notice of widening of roads; contents.

70-312.
Electric transmission or electric distribution lines; notice of widening of roads; contents.
The notice required by section 70-311 shall state the nature and location of the work to be done and the date on which such work is scheduled to commence. In the event of any change in the scheduled time of starting such work, notice of such change shall be given as soon as practicable.
Source
Laws 2002, LB 1105, § 475.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-313 - Electric transmission or electric distribution lines; liability; cost of removal.

70-313.
Electric transmission or electric distribution lines; liability; cost of removal.
Any owner of any electric transmission or electric distribution line failing to move its lines, poles, or anchors located near a public highway in accordance with the notice provided by section 70-311 shall be liable to the county or township for the cost of relocating such lines, poles, and anchors. When an owner of such facilities located on private right-of-way is required to move such lines, poles, or anchors, it shall be at the expense of the county or township. The county or township shall be liable to the owner of any electric transmission or electric distribution line for loss of use of such line for failure to give the notice required by sections 70-311 and 70-312.
Source
Laws 2002, LB 1105, § 476.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-407 - Terms, defined.

70-407.
Terms, defined.
For the purpose of Chapter 70 the following words shall be construed to mean as follows:
(1) A kilowatt hour shall be deemed and considered to equal one thousand watts, or the energy resulting from an activity of one kilowatt continued for one hour, which equals about one and one-third horsepower hours;
(2) The word watt shall be construed to mean the practical unit of electric power, activity, or rate of work equivalent to 107 ergs or one joule per second, or approximately one seven-hundred-forty-sixth of a horsepower.
Source
Laws 1933, c. 60, § 1, p. 291;
C.S.Supp.,1941, § 70-505;
R.S.1943, § 70-407;
Laws 1981, LB 181, § 1.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-408 - Electric companies; rates; kilowatt-hour meter; demand meter; minimum charge authorized.

70-408.
Electric companies; rates; kilowatt-hour meter; demand meter; minimum charge authorized.
All charges, made for electrical energy for residential, commercial, and farm purposes by any person, firm, corporation, or municipality engaged in the sale of electrical energy in cities of the first class having a population of more than five thousand and less than twenty-five thousand inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census, cities of the second class, villages, and unincorporated areas in Nebraska, shall be based on the amount of such energy actually furnished by the kilowatt-hour meter, together with such demand as may be registered or indicated by a demand meter, or as may be contracted for, to such purchaser. Such person, firm, corporation, or municipality may provide for either a penalty on or a discount from the amount of any bill to promote prompt payment thereof under uniform rules and regulations governing such penalty or discount. A reasonable minimum charge may be collected from purchasers of electrical energy by any such person, firm, corporation, or municipality, even though the charge for the amount of electrical energy actually furnished by the kilowatt-hour to such purchaser or user does not equal such minimum charge for the designated period of service. The provisions of sections 70-407 to 70-409 shall not be construed to affect any contract or franchise in existence at the time of the passage and approval of this section.
Source
Laws 1933, c. 60, § 2, p. 292;
C.S.Supp.,1941, § 70-506;
R.S.1943, § 70-408;
Laws 1949, c. 197, § 1, p. 576;
Laws 2017, LB113, § 51.
Annotations
Potentially conflicting interests within a class are incompatible with the maintenance of a true class action and this aspect may be disposed of upon motion for summary judgment. Blankenship v. Omaha P. P. Dist., 195 Neb. 170, 237 N.W.2d 86 (1976).
The railway commission, hearing a complaint under stipulation that only the question of jurisdiction be determined, acted prematurely in determining, without a full hearing being given, the question of validity of a minimum charge. Miller v. Iowa-Nebraska Light & Power Co., 129 Neb. 757, 262 N.W. 855 (1935).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-409 - Electric companies; rate regulations; violation; penalty.

70-409.
Electric companies; rate regulations; violation; penalty.
Any person, firm or corporation, their employees, agents or servants, who shall violate any of the provisions of sections 70-407 and 70-408 shall be guilty of a Class V misdemeanor.
Source
Laws 1933, c. 60, § 4, p. 292;
C.S.Supp.,1941, § 70-508;
R.S.1943, § 70-409;
Laws 1977, LB 39, § 136.
Annotations
The railway commission does not have power to inflict the penalties provided for in this section. Miller v. Iowa-Nebraska Light & Power Co., 129 Neb. 757, 262 N.W. 855 (1935).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-502 - Electric energy; sale or purchase; interconnections; contracts authorized.

70-502.
Electric energy; sale or purchase; interconnections; contracts authorized.
For the purpose of selling or purchasing electrical energy for lighting, heating or power purposes, any city, village, or public electric light and power district in this state is hereby authorized to enter into agreements to connect and interconnect its electric light and power plants, distribution system and transmission lines with the electric light and power plant, distribution system or transmission lines of any one or more other cities, villages, or public electric light and power districts in this state, upon such terms and conditions as may be agreed upon between the contracting cities, villages, and public power districts.
Source
Initiative Law 1930, No. 324, § 2;
Laws 1931, c. 116, § 2, p. 337;
C.S.Supp.,1941, § 70-602;
R.S.1943, § 70-502.
Annotations
This section does not prevent a second-class city from contracting for wholesale power requirement if and when city acquired distribution system. City of O'Neill v. Consumers P. P. Dist., 179 Neb. 773, 140 N.W.2d 644 (1966).
The provisions of this section were modified by legislative act creating the Nebraska Power Review Board. City of Auburn v. Eastern Nebraska Public Power Dist., 179 Neb. 439, 138 N.W.2d 629 (1965).
This section did not operate to confer power and authority contrary to petition for creation of district. Schroll v. City of Beatrice, 169 Neb. 162, 98 N.W.2d 790 (1959).
A municipality owning and operating a public power plant may extend its lines into another municipal corporation's boundaries only upon contract, agreement, or franchise. Central Power Co. v. Nebraska City, 112 F.2d 471 (8th Cir. 1940).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-503 - Acquisition, extension, and improvements; pledge of earnings or profits authorized.

70-503.
Acquisition, extension, and improvements; pledge of earnings or profits authorized.
In lieu of the issuance of bonds or the levy of taxes as otherwise by law provided, and in lieu of any other lawful methods or means of providing for the payment of indebtedness, any city, village, or public electric light and power district within this state shall have the power and authority by and through its governing body or board of directors, to provide for or to secure the payment of the cost or expenses of purchasing, constructing, or otherwise acquiring, extending and improving any real or personal property necessary or useful in its operation of any electric light and power plant, distribution system or transmission lines, by pledging, assigning, or otherwise hypothecating, the net earnings or profits of such electric light and power district, city or village, derived, or to be derived, from the operation of such electric light and power plant, distribution system or transmission lines, and to that end, to enter into such contracts and to issue such warrants or debentures as may be proper to carry out the provisions of this section.
Source
Initiative Law 1930, No. 324, § 3;
Laws 1931, c. 116, § 3, p. 337;
C.S.Supp.,1941, § 70-603;
R.S.1943, § 70-503.
Annotations
Where city does not own light plant, revenue bonds for construction of same cannot be issued without an authorizing election. Nacke v. City of Hebron, 155 Neb. 739, 53 N.W.2d 564 (1952).
Revenue bonds for extension or enlargement of existing electric distribution system can be issued without vote of electors. Slepicka v. City of Wilber, 150 Neb. 376, 34 N.W.2d 646 (1948).
A village may extend or enlarge its existing electric light plant and issue warrants pledging the future earnings of the plant in consideration therefor without obligating the municipality for their payment. Southern Nebraska Power Co. v. Village of Deshler, 130 Neb. 598, 265 N.W. 880 (1936).
In a condemnation proceeding by a city against the property of a power company, the company cannot raise the question of how the city will obtain funds to pay for the property taken. Central Power Co. v. Nebraska City, 112 F.2d 471 (8th Cir. 1940).