reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-5502 - Legislative findings.

2-5502.
Legislative findings.
The Legislature finds that agricultural production in this state is highly dependent upon businesses providing inputs for agricultural producers and markets for agricultural commodities which have historically located on lands owned and served by railroads. It is vital to the continued prosperity of agriculture that such businesses maintain reasonable access to rail service and maintain reasonable terms of tenancy upon land owned by railroads or their successors in interest. The Legislature also finds that agribusiness leaseholders' substantial investments in structures and improvements unique to their rail location, as well as dependency on rail access, place them at a disadvantage in negotiating lease renewals. The Legislature further finds that given the substantial investment in structures and improvements made by agribusiness leaseholders, it is equitable that such agribusiness leaseholders have a right of first refusal to purchase the land they lease, should it be offered for sale. The purpose of the Agricultural Suppliers Lease Protection Act is to establish a system for fair resolution of lease disputes that may arise between railroad property owners or their successors and agribusiness tenants and to guard against unreasonable lease renewal terms or unjust lease termination.
Source
Laws 2002, LB 435, § 2.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-5503 - Terms, defined.

2-5503.
Terms, defined.
For purposes of the Agricultural Suppliers Lease Protection Act:
(1) Agricultural tenant means any public warehouse licensee as defined in section 88-526, any livestock auction market as defined in section 54-1158, or any other persons primarily engaged in the sale or distribution of fertilizer or agricultural chemicals or farm implements, machinery, or equipment occupying railroad land owned or controlled by a railroad or its grantee or successor in interest;
(2) Fair market lease rate means the lease rate of comparable commercial properties adjusted according to accepted appraisal standards which may include, but are not necessarily limited to, lease terms, market conditions, location, physical characteristics, economic characteristics stipulated in the lease, and nonrealty components or, in the absence of comparability, the lease rate as determined by comparable rates of return realized on the lease of other commercial property in proximity to the lease site;
(3) Good faith means honesty in fact in the conduct of the transaction concerned;
(4) Lease means any agreement between a railroad and a tenant under the terms of which a tenant occupies the surface of railroad land;
(5) Railroad land means any land acquired by a railroad in strips for right-of-way and any parcel or tract acquired by a railroad adjacent to its right-of-way to aid in the construction, maintenance, and accommodation of its railway and which is occupied pursuant to a lease by a tenant who owns substantial improvements thereon;
(6) Substantial improvements means buildings or other structures or fixtures to structures that are permanent in nature and includes equipment that is affixed to real property or structures; and
(7) Successor in interest includes any agent, successor, assignee, trustee, receiver, or other person acquiring interests or rights in railroad land, including, but not limited to, the owner or holder of any servient estate or right of reversion relating to railroad land.
Source
Laws 2002, LB 435, § 3.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-5504 - Railroad land; lease renewal; conditions; controversy; department; duties.

2-5504.
Railroad land; lease renewal; conditions; controversy; department; duties.
(1) Except when an owner of railroad land has received a bona fide third-party offer to lease the property that the owner desires to accept, at the expiration of an existing lease, the agricultural tenant shall be given the opportunity to renew the lease at fair market lease rate. If a bona fide third-party offer has been made to lease the property that the owner desires to accept, then the agricultural tenant shall be given first opportunity for a period of thirty days after receipt of written notice of such third-party offer to renew the lease at a rate that is substantially equal in value to the third-party offer.
(2) All controversies regarding application and reasonableness of lease terms and conditions or fair market lease rate arising between a railroad or its successor in interest and an agricultural tenant who is the owner, lessee, or licensee of a substantial improvement situated on railroad land owned or controlled by the railroad or its successor in interest shall be resolved by negotiation or by Department of Agriculture action.
(3) The parties shall first negotiate in good faith to resolve any controversy. If any such controversy is not resolved within sixty days after notification is given to an agricultural tenant by a railroad or its successor in interest that it wishes to (a) renew a lease upon new terms, (b) terminate a lease, (c) not renew a lease upon the expiration of a current lease, or (d) change the terms of an existing lease, then either party may file a complaint with the department setting forth facts upon which such complaint is based.
(4) The department, after reasonable notice to the parties, shall hear and determine all matters in controversy and make such order as the facts of the controversy warrant. In conducting its hearing, the department shall have those powers granted to it under the Administrative Procedure Act. Any person shall have the right to appeal from such order in accordance with the act.
Source
Laws 2002, LB 435, § 4.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-5506 - Department of Agriculture; employ appraiser; costs.

2-5506.
Department of Agriculture; employ appraiser; costs.
(1) The Department of Agriculture, in consultation with the parties, may employ the services of a certified general real property appraiser when determination of market value is a matter in controversy or relevant to the hearing and determination of the matter in controversy.
(2) All costs incurred by the department hearing and determining all matters in controversy pursuant to the Agricultural Suppliers Lease Protection Act shall be paid equally by the parties.
Source
Laws 2002, LB 435, § 6;
Laws 2006, LB 778, § 2.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-5507 - Act; applicability; effect.

2-5507.
Act; applicability; effect.
(1) The Agricultural Suppliers Lease Protection Act shall not apply to any valid lease entered into prior to July 20, 2002, or any renewal or extension thereof on the same terms and conditions, but the provisions of the act shall apply to and govern any renewal or extension of such lease on any different terms or conditions or any material modifications of any such lease effected on or after July 20, 2002.
(2) Any party having a right of first refusal or right of renewal under the Agricultural Suppliers Lease Protection Act shall be barred from making any subsequent claim to possession or title to the railroad land if it fails to bring an action asserting that it has been denied its right of first refusal or right of renewal in violation of the act within six months after the date of a lease or after the expiration of a lease or sale by the railroad to a party other than the agricultural tenant.
Source
Laws 2002, LB 435, § 7.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-5508 - Agricultural Suppliers Lease Protection Cash Fund; created; use; investment.

2-5508.
Agricultural Suppliers Lease Protection Cash Fund; created; use; investment.
The Agricultural Suppliers Lease Protection Cash Fund is created. All funds collected by the Department of Agriculture under the Agricultural Suppliers Lease Protection Act shall be remitted to the State Treasurer for credit to the fund. The fund shall be used by the department to aid in defraying the expenses of administering the act. 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 2002, LB 435, § 8.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-5601 - Terms, defined.

2-5601.
Terms, defined.
For purposes of sections 2-5601 to 2-5604:
(1) Commercial channels means the sale or delivery of grapes for any use, except grapes intended for ultimate consumption as table grapes, to any commercial buyer, dealer, processor, or cooperative or to any person, public or private, who resells any grapes or product produced from grapes;
(2) Delivered or delivery means receiving grapes for utilization or as a result of sale in the State of Nebraska but excludes receiving grapes for storage;
(3) First purchaser means any person, public or private corporation, association, partnership, or limited liability company buying, accepting for shipment, or otherwise acquiring the property in or to grapes from a grower;
(4) Grower means any landowner personally engaged in growing grapes, a tenant of the landowner personally engaged in growing grapes, and both the owner and tenant jointly and includes a person, a partnership, a limited liability company, an association, a corporation, a cooperative, a trust, or any other business unit, device, or arrangement; and
(5) Table grapes means grapes intended for ultimate consumption as produce in fresh, unprocessed form and not intended for wine production, juice production, or drying.
Source
Laws 2007, LB441, § 2.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-5602 - Excise tax; amount; payment.

2-5602.
Excise tax; amount; payment.
(1) Except as provided in subsection (2) of this section, an excise tax of one cent per pound is levied upon all grapes sold through commercial channels in Nebraska or delivered in Nebraska. The excise tax shall be paid by the grower at the time of sale or delivery and shall be collected by the first purchaser. Grapes shall not be subject to the excise tax imposed by this section more than once.
(2) The excise tax imposed by this section shall not apply to the sale of grapes to the federal government for the ultimate use or consumption by the people of the United States when the State of Nebraska is prohibited from imposing such excise tax by the United States Constitution and the laws enacted pursuant thereto.
Source
Laws 2007, LB441, § 3.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-5603 - Excise tax; first purchaser; deduction; records; contents; statement; remitted to State Treasurer.

2-5603.
Excise tax; first purchaser; deduction; records; contents; statement; remitted to State Treasurer.
(1) The first purchaser, at the time of settlement, shall deduct the excise tax imposed by section 2-5602. The excise tax shall be deducted whether the grapes are stored in this state or any other state. The first purchaser shall maintain the necessary records of the excise tax for each purchase or delivery of grapes on the settlement form or check stub showing payment to the grower for each purchase or delivery. Such records maintained by the first purchaser shall provide the following information:
(a) The name and address of the grower and seller;
(b) The date of the purchase or delivery;
(c) The number of pounds of grapes purchased; and
(d) The amount of excise taxes collected on each purchase or delivery.
Such records shall be open for inspection during normal business hours observed by the first purchaser.
(2) The first purchaser shall render and have on file with the Department of Agriculture by the last day of January and July of each year, on forms prescribed by the department, a statement of the number of pounds of grapes purchased in Nebraska. At the time the statement is filed, such first purchaser shall pay and remit to the department the excise tax imposed by section 2-5602.
(3) All excise taxes collected by the department pursuant to this section shall be remitted to the State Treasurer for credit to the Winery and Grape Producers Promotional Fund. The department shall remit the excise tax collected to the State Treasurer within ten days after receipt.
Source
Laws 2007, LB441, § 4.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-5604 - Department of Agriculture; calculate costs; report.

2-5604.
Department of Agriculture; calculate costs; report.
For each fiscal year beginning with FY2007-08, the Department of Agriculture shall calculate its costs in collecting and enforcing the excise tax imposed by section 2-5602 and shall report such costs to the Department of Administrative Services within thirty days after the end of the calendar quarter. Sufficient funds to cover such costs shall be transferred from the Winery and Grape Producers Promotional Fund to the Management Services Expense Revolving Fund at the end of each calendar quarter. Funds shall be transferred upon the receipt by the Department of Administrative Services of a report of costs incurred by the Department of Agriculture for the previous calendar quarter.
Source
Laws 2007, LB441, § 5.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-102 - Purpose of act.

3-102.
Purpose of act.
The purpose of the State Aeronautics Act is to further the public interest and aeronautical progress by (1) providing for the protection and promotion of safety in aeronautics, (2) cooperating in effecting a uniformity of the laws relating to the development and regulation of aeronautics in the several states, (3) revising existing statutes relative to the development and regulation of aeronautics so as to grant such powers to and impose such duties upon the division in order that the state may properly perform its functions relative to aeronautics and effectively exercise its jurisdiction over persons and property within such jurisdiction, may assist in the promotion of a statewide system of airports, may cooperate with and assist the political subdivisions of this state and others engaged in aeronautics, and may encourage and develop aeronautics, (4) establishing uniform regulations, consistent with federal regulations and those of other states, in order that those engaged in aeronautics of every character may so engage with the least possible restriction, consistent with the safety and the rights of others, and (5) providing for cooperation with the federal authorities in the development of a national system of civil aviation and for coordination of the aeronautical activities of those authorities and the authorities of this state by assisting in accomplishing the purposes of federal legislation and eliminating costly and unnecessary duplication of functions properly in the province of federal agencies.
Source
Laws 1945, c. 5, § 2, p. 79;
Laws 2017, LB339, § 2.
Annotations
A county should not be able to thwart the strong interest of the state in the promotion of aviation through the medium of its zoning authority. Seward County Board of Commissioners v. City of Seward, 196 Neb. 266, 242 N.W.2d 849 (1976).
Statute creating Department of Aeronautics was enacted for the promotion of safety and for cooperating in effecting uniformity of legislation in the several states consistent with federal regulations. In re Estate of Kinsey, 152 Neb. 95, 40 N.W.2d 526 (1949).
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-103 - Division of Aeronautics; director; appointment; qualifications; duties; oath.

3-103.
Division of Aeronautics; director; appointment; qualifications; duties; oath.
(1) The Division of Aeronautics shall be a division of the Department of Transportation.
(2)(a) Until December 31, 2017, the chief administrative officer of the division shall be the director, to be known as the Director of Aeronautics, and shall be appointed by the Governor, subject to confirmation by the Legislature, with due regard to his or her fitness through aeronautical education and by knowledge of and recent practical experience in aeronautics. The director shall devote full time to the performance of his or her official duties and shall not have any pecuniary interest in, stock in, or bonds of any civil aeronautics enterprise. The director shall, before assuming the duties of the office, take and subscribe an oath, such as is required by state officers. The director shall be bonded or insured as required by section 11-201. The director shall receive such compensation as the Governor, with the approval of the commission, shall determine, subject to the provisions of the legislative appropriations bill.
(b) Beginning January 1, 2018, the chief administrative officer of the division shall be the Director of Aeronautics who shall be appointed by and report directly to the Director-State Engineer, subject to confirmation by the Legislature, with due regard to his or her fitness through aeronautical education and by knowledge of and recent practical experience in aeronautics. The director shall devote full time to the performance of his or her official duties and shall not have any pecuniary interest in, stock in, or bonds of any civil aeronautics enterprise. The director shall, before assuming the duties of the office, take and subscribe an oath, such as is required by state officers.
Source
Laws 1945, c. 5, § 3(1), p. 80;
Laws 1947, c. 16, § 1, p. 95;
Laws 1978, LB 653, § 3;
Laws 2004, LB 884, § 2;
Laws 2017, LB339, § 3.
Annotations
Director of Aeronautics has no definite term and is removable at will by Governor. State ex rel. Beck v. Obbink, 172 Neb. 242, 109 N.W.2d 288 (1961).
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-105 - Division; seal; rules and regulations; adopt.

3-105.
Division; seal; rules and regulations; adopt.
The division shall adopt a seal and adopt and promulgate rules and regulations for its administration. All rules, regulations, and orders of the Department of Aeronautics adopted prior to July 1, 2017, in connection with the powers, duties, and functions transferred to the Division of Aeronautics of the Department of Transportation pursuant to Laws 2017, LB339, shall continue to be effective until revised, amended, repealed, or nullified pursuant to law.
Source
Laws 1945, c. 5, § 4, p. 82;
Laws 1955, c. 231, § 6, p. 719;
Laws 1976, LB 460, § 3;
Laws 1981, LB 545, § 3;
Laws 2017, LB339, § 5.
Cross References
For promulgation of administrative rules, see Chapter 84, article 9.
Annotations
Department of Aeronautics has power to adopt rules and regulations in conformity, as nearly as may be, with federal regulations. In re Estate of Kinsey, 152 Neb. 95, 40 N.W.2d 526 (1949).
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-106 - Division; aircraft; purchase; use; report; contents.

3-106.
Division; aircraft; purchase; use; report; contents.
(1) The division may purchase aircraft for the use of state government and may sell any state aircraft that is not needed or suitable for state uses. State aircraft shall be subject at all times to the written orders of the Governor for use and service in any branch of the state government. The division shall establish an hourly rate for use of a state aircraft by a state official or agency. The hourly rate shall not include an amount to recover the cost of acquisition by purchase, but shall include amounts for items such as variable fuel and oil costs, routine maintenance costs, landing fees, and preventive maintenance reserves. Such funds shall only be expended for the purposes provided for by this section.
(2) It is the intent of the Legislature that the use of state-owned, chartered, or rented aircraft by the division shall be for the sole purpose of state business. The division shall electronically file with the Clerk of the Legislature a quarterly report on the use of all state-owned, chartered, or rented aircraft by the division that includes the following information for each trip: The name of the agency or other entity traveling; the name of each individual passenger; all purposes of the trip; the destination and intermediate stops; the miles flown; and the duration of the trip.
Source
Laws 1945, c. 5, § 5, p. 82;
Laws 2014, LB1016, § 2;
Laws 2017, LB339, § 6.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-107 - Division; general supervision; Highway Cash Fund; use for administration of the division; projects; state funds; expenditure; recovery.

3-107.
Division; general supervision; Highway Cash Fund; use for administration of the division; projects; state funds; expenditure; recovery.
(1) The division shall have general supervision over aeronautics within this state. It is empowered and directed to encourage, foster, and assist in the development of aeronautics in this state and encourage the establishment of airports and other air navigation facilities.
(2) The Department of Transportation may budget for and pay any of the costs related to the administration of the division, including, but not limited to, employee salaries and benefits, out of the Highway Cash Fund, as the Director-State Engineer determines, in his or her sole discretion, to be in the best interest of transportation in Nebraska. Such costs do not include costs related to the construction, reconstruction, repair, operation, or maintenance of airport infrastructure, including runways, concrete surfacing, hangers or capital improvements, buildings, and structures.
(3) No state funds for the acquisition, engineering, construction, improvement, or maintenance of airports shall be expended upon any project or for any work upon any such project which is not done under the supervision of the division. When any airport which has received state grant funds pursuant to the State Aeronautics Act ceases to be an airport or a privately owned public use airport, the division shall, consistent with all other provisions of state and federal law, seek to recover so much of the state funds provided to the airport as it may and shall deposit any such funds so recovered into the Aeronautics Cash Fund.
Source
Laws 1945, c. 5, § 6(1), p. 83;
Laws 1995, LB 609, § 3;
Laws 2017, LB339, § 7;
Laws 2023, LB138, § 1.
Operative Date: September 2, 2023
Annotations
A county should not be able to thwart the strong interest of the state in the promotion of aviation through the medium of its zoning authority. Seward County Board of Commissioners v. City of Seward, 196 Neb. 266, 242 N.W.2d 849 (1976).
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-108 - Division; cooperate with federal government, political subdivisions, and others engaged in aeronautics; hearings; reports; contents.

3-108.
Division; cooperate with federal government, political subdivisions, and others engaged in aeronautics; hearings; reports; contents.
The division shall cooperate with and assist the federal government, the political subdivisions of this state, and others engaged in aeronautics or the promotion of aeronautics and seek to coordinate the aeronautical activities of these bodies. To this end, the division is empowered to confer with or to hold joint hearings with any federal aeronautical agency in connection with any matter arising under the State Aeronautics Act, or relating to the sound development of aeronautics, and to avail itself of the cooperation, services, records, and facilities of such federal agencies, as fully as may be practicable, in the administration and enforcement of the act. The division shall reciprocate by furnishing to the federal agencies its cooperation, services, records, and facilities, insofar as may be practicable. The division shall report to the appropriate federal agency all accidents in aeronautics in this state of which it is informed and preserve, protect, and prevent the removal of the component parts of any aircraft involved in an accident being investigated by it until a federal agency institutes an investigation. The division shall report to the appropriate federal agency all refusals to register federal licenses, certificates, or permits and all revocations of certificates of registration, and the reasons therefor, and all penalties, of which it has knowledge, imposed upon airmen for violations of the laws of this state relating to aeronautics or for violations of the rules, regulations, or orders of the division.
Source
Laws 1945, c. 5, § 6(2), p. 83;
Laws 2017, LB339, § 8.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-109 - Division; powers; rules and regulations; applicability to federal government.

3-109.
Division; powers; rules and regulations; applicability to federal government.
The division may (1) perform such acts, (2) issue and amend such orders, (3) adopt and promulgate such reasonable general or special rules, regulations, and procedure, and (4) establish such minimum standards, consistent with the State Aeronautics Act, as it shall deem necessary to carry out the act and to perform its duties under the act as commensurate with and for the purpose of protecting and insuring the general public interest and safety, the safety of persons receiving instruction concerning, or operating, using, or traveling in aircraft, and of persons and property on land or water, and to develop and promote aeronautics in this state. No rule or regulation of the division shall apply to airports or other air navigation facilities owned or controlled by the federal government within this state.
Source
Laws 1945, c. 5, § 6(3), p. 83;
Laws 1947, c. 9, § 1;
Laws 2017, LB339, § 9.
Annotations
1947 amendment to this section was unconstitutional. State ex rel. State Railway Commission v. Ramsey, 151 Neb. 333, 37 N.W.2d 502 (1949).
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-110 - Rules and regulations; conform to federal regulation.

3-110.
Rules and regulations; conform to federal regulation.
All rules and regulations adopted and promulgated by the division under the authority of the State Aeronautics Act shall be kept in conformity, as nearly as may be, with the then current federal legislation governing aeronautics, the regulations duly promulgated thereunder, and rules and standards issued from time to time pursuant thereto.
Source
Laws 1945, c. 5, § 6(4), p. 84;
Laws 2017, LB339, § 10.
Annotations
Power to adopt rules in conformity with federal regulations already in existence did not involve delegation of power by state to federal government. In re Estate of Kinsey, 152 Neb. 95, 40 N.W.2d 526 (1949).
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-111 - Rules and regulations; where kept.

3-111.
Rules and regulations; where kept.
The division shall keep on file with the Secretary of State and at the principal office of the division a copy of all its rules and regulations for public inspection.
Source
Laws 1945, c. 5, § 6(5), p. 84;
Laws 1976, LB 460, § 4;
Laws 2017, LB339, § 11.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-112 - Division; airways system.

3-112.
Division; airways system.
It may designate, design, establish, expand or modify a state airways system which will best serve the interests of the state. It may chart such airways system and arrange for the publication and distribution of such maps, charts, notices and bulletins, relating to such airways, as may be required in the public interest. The system shall be supplementary to and coordinated in design and operation with the federal airways system. It may include all types of air navigation facilities, whether publicly or privately owned;
Provided,
that such facilities conform to federal safety standards.
Source
Laws 1945, c. 5, § 6(6), p. 84.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-113 - Division; engineering and technical services; availability.

3-113.
Division; engineering and technical services; availability.
The division may, insofar as is reasonably possible, offer its engineering or other technical services, without charge, to any municipality or to any person owning a privately owned public use airport desiring them in connection with the construction, maintenance, or operation or the proposed construction, maintenance, or operation of an airport or restricted landing area.
Source
Laws 1945, c. 5, § 6(7), p. 84;
Laws 1995, LB 609, § 4;
Laws 2017, LB339, § 12.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-114 - Division; represent state in aeronautical matters.

3-114.
Division; represent state in aeronautical matters.
The division may represent the state in aeronautical matters before federal agencies and other state agencies.
Source
Laws 1945, c. 5, § 6(8), p. 85;
Laws 2017, LB339, § 13.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-115 - Actions by or against division; intervention.

3-115.
Actions by or against division; intervention.
The division may participate as party plaintiff or defendant, or as intervenor on behalf of this state, or any municipality or citizen thereof, in any controversy having to do with any claimed encroachment by the federal government or any foreign state upon any state or individual rights pertaining to aeronautics.
Source
Laws 1945, c. 5, § 6(9), p. 85;
Laws 2017, LB339, § 14.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-116 - Enforcement; intergovernmental cooperation.

3-116.
Enforcement; intergovernmental cooperation.
The division, the director, and every state, county, and municipal officer, charged with the enforcement of state and municipal laws, shall enforce and assist in the enforcement of the State Aeronautics Act, all rules and regulations adopted and promulgated pursuant thereto, and all other laws of this state relating to aeronautics. In the aid of such enforcement, general police powers are hereby conferred upon the director, and such of the officers and employees of the division as may be designated by it, to exercise such powers. The division is further authorized, in the name of this state, to enforce the act and the rules and regulations adopted and promulgated pursuant thereto by injunction in the courts of this state. Municipalities and persons owning privately owned public use airports are authorized to cooperate with the division in the development of aeronautics and aeronautical facilities in this state. The division may use the facilities and services of other agencies of the state to the utmost extent possible and such agencies are authorized and directed to make available such facilities and services.
Source
Laws 1945, c. 5, § 6(10), p. 85;
Laws 1995, LB 609, § 5;
Laws 2017, LB339, § 15.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-117 - Director; investigations; hearings; oaths; certify official acts; subpoenas; compel attendance of witnesses; violation; penalty.

3-117.
Director; investigations; hearings; oaths; certify official acts; subpoenas; compel attendance of witnesses; violation; penalty.
The director, or any officer or employee of the division designated by it, shall have the power to hold investigations, inquiries, and hearings concerning matters covered by the State Aeronautics Act and orders, rules, and regulations of the division and concerning accidents in aeronautics within this state. All hearings so conducted shall be open to the public. The director, and every officer or employee of the division designated by it to hold any inquiry, investigation, or hearing, shall have power to administer oaths and affirmations, certify to all official acts, issue subpoenas, and compel the attendance and testimony of witnesses and the production of papers, books, and documents. In case of a failure to comply with any subpoena or order issued under the authority of the act, the division or its authorized representative may invoke the aid of any court of this state of general jurisdiction. The court may thereupon order the witness to comply with the requirements of the subpoena or order or to give evidence touching the matter in question. Any failure to obey the order of the court may be punished by the court as a contempt thereof.
Source
Laws 1945, c. 5, § 6(11), p. 85;
Laws 2017, LB339, § 16.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-118 - Division; reports of investigations or hearings; evidence; how used.

3-118.
Division; reports of investigations or hearings; evidence; how used.
In order to facilitate the making of investigations by the division, in the interest of public safety and the promotion of aeronautics, the public interest requires, and it is, therefor, provided, that the reports of investigations or hearings, or any part thereof, shall not be admitted in evidence or used for any purpose in any suit, action, or proceeding, growing out of any matter referred to in the investigation, hearing, or report thereof, except in case of criminal or other proceedings instituted on behalf of the division or this state under the State Aeronautics Act and other laws of this state relating to aeronautics, nor shall any member of the commission, the director, or any officer or employee of the division be required to testify to any facts ascertained in, or information gained by reason of, his or her official capacity, or be required to testify as an expert witness in any suit, action, or proceeding involving any aircraft. Subject to the foregoing provisions, the division may, in its discretion, make available to appropriate federal and state agencies information and material developed in the course of its hearings and investigations.
Source
Laws 1945, c. 5, § 6(12), p. 86;
Laws 2017, LB339, § 17.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-119 - Division; assist in acquisition, development, operation, or maintenance of airports.

3-119.
Division; assist in acquisition, development, operation, or maintenance of airports.
The division may render assistance in the acquisition, development, operation, or maintenance of privately owned public use airports or airports owned, controlled, or operated or to be owned, controlled, or operated by municipalities in this state out of appropriations made by the Legislature for that purpose.
Source
Laws 1945, c. 5, § 6(13), p. 87;
Laws 1995, LB 609, § 6;
Laws 2017, LB339, § 18.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-120 - Division; contracts; authorized.

3-120.
Division; contracts; authorized.
The division may enter into any contracts necessary to the execution of the powers granted it by the State Aeronautics Act.
Source
Laws 1945, c. 5, § 6(14), p. 87;
Laws 2017, LB339, § 19.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-121 - Division; airway and airport; exclusive right prohibited.

3-121.
Division; airway and airport; exclusive right prohibited.
The division shall grant no exclusive right for the use of any airway, airport, restricted landing area, or other air navigation facility under its jurisdiction. This section shall not prevent the making of leases in accordance with other provisions of the State Aeronautics Act.
Source
Laws 1945, c. 5, § 6(15), p. 87;
Laws 2017, LB339, § 20.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-123 - Division; cooperate with federal government; comply with federal laws.

3-123.
Division; cooperate with federal government; comply with federal laws.
The division is authorized to cooperate with the government of the United States, and any agency or department thereof, in the acquisition, construction, improvement, maintenance, and operation of airports and other air navigation facilities in this state and to comply with the provisions of the laws of the United States and any regulations made thereunder for the expenditure of federal money upon such airports and other navigation facilities.
Source
Laws 1945, c. 5, § 7(1), p. 87;
Laws 2017, LB339, § 21.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-124 - Division; acceptance of gifts of money, authorized; terms and conditions.

3-124.
Division; acceptance of gifts of money, authorized; terms and conditions.
The division is authorized to accept federal and other money, either public or private, for and on behalf of this state, any municipality, or any person owning a privately owned public use airport, for the acquisition, construction, improvement, maintenance, and operation of airports and other air navigation facilities, whether such work is to be done by the state, by such municipalities, or by any person owning a privately owned public use airport, or jointly, aided by grants of aid from the United States, upon such terms and conditions as are or may be prescribed by the laws of the United States and any regulations thereunder. The division may act as agent of any municipality of this state or any person owning a privately owned public use airport, upon the request of such municipality or person, in accepting such money in its behalf for airports or other air navigation facility purposes, and in contracting for the acquisition, construction, improvement, maintenance, or operation of airports or other air navigation facilities, financed either in whole or in part by federal money, and such person or the governing body of any such municipality is authorized to designate the division as its agent for such purposes and to enter into an agreement with the division prescribing the terms and conditions of such agency in accordance with federal laws, rules, and regulations and with the State Aeronautics Act. Such money as is paid over by the United States Government shall be retained by the state or paid over to the municipalities or persons under such terms and conditions as may be imposed by the United States Government in making such grants.
Source
Laws 1945, c. 5, § 7(2), p. 87;
Laws 1995, LB 609, § 7;
Laws 2017, LB339, § 22.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-125 - Division; contracts; laws governing.

3-125.
Division; contracts; laws governing.
All contracts for the acquisition, construction, improvement, maintenance, and operation of airports or other air navigation facilities made by the division, either as the agent of this state, as the agent of any municipality, or as the agent of any person owning a privately owned public use airport, shall be made pursuant to the laws of this state governing the making of like contracts. When the acquisition, construction, improvement, maintenance, and operation of any airport, landing strip, or other air navigation facility is financed wholly or partially with federal money, the division, as agent of the state, of any municipality, or of any person owning a privately owned public use airport, may let contracts in the manner prescribed by the federal authorities, acting under the laws of the United States, and any rules or regulations made thereunder, notwithstanding any other state law to the contrary.
Source
Laws 1945, c. 5, § 7(3), p. 88;
Laws 1995, LB 609, § 8;
Laws 2017, LB339, § 23.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-126 - Aeronautics Cash Fund; created; use; investment.

3-126.
Aeronautics Cash Fund; created; use; investment.
The Aeronautics Cash Fund is created. All money received by the division pursuant to the State Aeronautics Act shall be remitted to the State Treasurer for credit to the fund. The division is authorized, whether acting for this state, as the agent of any of its municipalities, or as the agent of any person owning a privately owned public use airport, or when requested by the United States Government or any agency or department thereof, to disburse such money. Any money in the Aeronautics Cash 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 Cash Fund on July 1, 2017, to the Aeronautics Cash Fund.
Source
Laws 1945, c. 5, § 7(4), p. 88;
Laws 1965, c. 17, § 1, p. 150;
Laws 1969, c. 584, § 32, p. 2360;
Laws 1978, LB 637, § 1;
Laws 1995, LB 7, § 25;
Laws 1995, LB 609, § 9;
Laws 2009, First Spec. Sess., LB3, § 7;
Laws 2017, LB339, § 24.
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 › 3-127 - Director; duties.

3-127.
Director; duties.
The director shall (1) administer the State Aeronautics Act, the rules and regulations adopted and promulgated under the act, orders established under the act, and all other laws of the state relative to aeronautics, (2) attend and serve as secretary, but not vote, at all meetings of the commission, (3) appoint, subject to section 3-104, such experts, field and office assistants, clerks, and other employees as may be required and authorized for the proper discharge of the functions of the division and for whose services funds have been appropriated, (4) be in charge of the offices of the division and responsible for the preparation of reports and collection and dissemination of data and other public information relating to aeronautics, and (5) execute all contracts entered into by the division which are legally authorized and for which funds are appropriated.
Source
Laws 1945, c. 5, § 8, p. 89;
Laws 2017, LB339, § 25.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-128 - Division; regulation of airports.

3-128.
Division; regulation of airports.
In order to safeguard and promote the general public interest and safety, the safety of persons using or traveling in aircraft and of persons and property on the ground, and the interest of aeronautical progress requiring that airports, restricted landing areas, and air navigation facilities be suitable for the purposes for which they are designed and to carry out the purposes of the State Aeronautics Act, the division may: Recommend airport and restricted landing area sites; license airports, restricted landing areas, or other air navigation facilities; and provide for the renewal and revocation of such licenses in accordance with rules and regulations adopted and promulgated by the division.
Source
Laws 1945, c. 5, § 9(1), p. 89;
Laws 1967, c. 12, § 1, p. 98;
Laws 1972, LB 285, § 1;
Laws 1973, LB 391, § 1;
Laws 1973, LB 341, § 1;
Laws 1976, LB 460, § 5;
Laws 2001, LB 329, § 8;
Laws 2017, LB339, § 26.
Annotations
A county should not be able to thwart the strong interest of the state in the promotion of aviation through the medium of its zoning authority. Seward County Board of Commissioners v. City of Seward, 196 Neb. 266, 242 N.W.2d 849 (1976).
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-129 - Aircraft; license, certificate, or permit required.

3-129.
Aircraft; license, certificate, or permit required.
Except as provided in section 3-130, it shall be unlawful for any person to operate or cause or authorize to be operated any civil aircraft within this state unless such aircraft has an appropriate effective license, certificate, or permit issued by the United States Government.
Source
Laws 1945, c. 5, § 9(2), p. 91;
Laws 1973, LB 341, § 2;
Laws 2002, LB 446, § 1.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-130 - License, certificate, or permit; exceptions.

3-130.
License, certificate, or permit; exceptions.
The provisions of section 3-129 shall not apply to:
(1) An aircraft which has been licensed by a foreign country with which the United States has a reciprocal agreement covering the operations of such licensed aircraft;
(2) An airman operating military or public aircraft or any aircraft licensed by a foreign country with which the United States has a reciprocal agreement covering the operation of such licensed aircraft;
(3) Persons operating model aircraft or to any person piloting an aircraft which is equipped with fully functioning dual controls when a licensed instructor is in full charge of one set of said controls and such flight is solely for instruction or for the demonstration of said aircraft to a bona fide prospective purchaser;
(4) A nonresident operating aircraft in this state who is lawfully entitled to operate aircraft in the state of residence; or
(5) An airman while operating or taking part in the operation of an aircraft engaged principally in commercial flying constituting an act of interstate or foreign commerce.
Source
Laws 1945, c. 5, § 9(3), p. 92;
Laws 1973, LB 341, § 3.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-131 - License, certificate, permit, or registration; duty to carry, present for inspection, and exhibit.

3-131.
License, certificate, permit, or registration; duty to carry, present for inspection, and exhibit.
The federal license, certificate, or permit, and the evidence of registration in this or another state, if any, required for an airman shall be kept in the personal possession of the airman when the airman is operating within this state and must be presented for inspection upon the demand of any passenger, peace officer of this state, authorized official or employee of the division, or official, manager, or person in charge of any airport in this state upon which the airman shall land or the reasonable request of any other person. The federal aircraft license, certificate, or permit required for aircraft must be carried in every aircraft operating in this state at all times and must be conspicuously posted therein where it may readily be seen by passengers or inspectors and must be presented for inspection upon the demand of any passenger, peace officer of this state, authorized official or employee of the division, or official, manager, or person in charge of any airport in this state upon which the airman shall land or the reasonable request of any person.
Source
Laws 1945, c. 5, § 9(4), p. 92;
Laws 1973, LB 341, § 4;
Laws 2017, LB339, § 27.
2023 Nebraska Revised Statutes › Chapter 3 - Aeronautics › 3-133 - Airports; license; requirement; approval of site; operation without license unlawful.

3-133.
Airports; license; requirement; approval of site; operation without license unlawful.
Any proposed airport or restricted landing area shall be first licensed by the division before such airport or area shall be used or operated. Any municipality or person acquiring property for the purpose of constructing or establishing an airport or restricted landing area shall, prior to such acquisition, make application to the division for a certificate of approval of the site selected and the general purpose or purposes for which the property is to be acquired, to insure that the property and its use shall conform to minimum standards of safety and shall serve the public interest. It shall be unlawful for any municipality or officer or employee thereof, or for any person, to operate an airport or restricted landing area for which a license has not been issued by the division.
Source
Laws 1945, c. 5, § 9(6), p. 93;
Laws 2002, LB 446, § 2;
Laws 2017, LB339, § 28.
Annotations
A county should not be able to thwart the strong interest of the state in the promotion of aviation through the medium of its zoning authority. Seward County Board of Commissioners v. City of Seward, 196 Neb. 266, 242 N.W.2d 849 (1976).
The Revised Airports Act required the licensing of airports and restricted landing areas except restricted landing areas designed for personal use. Bruns v. City of Seward, 186 Neb. 658, 185 N.W.2d 853 (1971).