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724 sections in this chapter.
Neb. Rev. Stat. § 2-4608 Excess soil erosion; complaint; inspection; remedial action; failure to comply; cease and desist order.
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(1) Except to the extent jurisdiction has been assumed by a municipality or county in accordance with section 2-4606, the district may inspect or cause to be inspected any land within the district upon receipt of a written and signed complaint which alleges that soil erosion is o…
Neb. Rev. Stat. § 2-4609 Filing of complaint; effect.
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The filing of a complaint shall not preclude the complainant from pursuing any other remedy available to the complainant under the Erosion and Sediment Control Act, other law, or equity.
Neb. Rev. Stat. § 2-4610 Conformance with farm unit conservation plan or soil-loss tolerance level; effect; cost-sharing assistance; availability; lack of cost-sharing assistance; effect.
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(1) Any person owning or operating private agricultural, horticultural, or silvicultural lands who has a farm unit conservation plan approved by the district and is implementing and maintaining the plan in strict compliance with a conservation agreement or any person whose normal…
Neb. Rev. Stat. § 2-4611 Administrative order; appeal.
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Any owner or operator served with an administrative order of a district may, within thirty days after service of the administrative order, appeal to the district court in the county in which a majority of the land is located. The appeal shall be de novo and shall be conducted in …
Neb. Rev. Stat. § 2-4612 Order for immediate compliance; when authorized.
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The district shall petition the district court for a court order requiring immediate compliance with an administrative order previously issued by the district if: (1) The work necessary to comply with the administrative order is not commenced on or before the date specified in su…
Neb. Rev. Stat. § 2-4613 District court action; procedures; order; appeal; failure to comply with order; effect.
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In the district court action, the burden of proof shall be upon the district to show that soil erosion is occurring in excess of the applicable soil-loss tolerance level and that the landowner or operator has not established or maintained soil and water conservation practices or …
Neb. Rev. Stat. § 2-4801 Act, how cited.
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Sections 2-4801 to 2-4815 shall be known and may be cited as the Farm Mediation Act.
Neb. Rev. Stat. § 2-4802 Terms, defined.
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As used in the Farm Mediation Act, unless the context otherwise requires: (1) Administrator means the Department of Agriculture or any other appropriate state agency designated by the Governor; (2) Borrower means an individual, limited liability company, corporation, trust, coope…
Neb. Rev. Stat. § 2-4803 Administrator; duties.
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The administrator shall serve as the farm mediation program coordinator and shall be responsible for placing into effect and implementing the Farm Mediation Act.
Neb. Rev. Stat. § 2-4804 Financial, legal, and farm mediation services; contracts to provide.
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(1) Borrowers involved in mediation under the Farm Mediation Act shall be offered assistance, at no cost to borrowers, in the analysis of their business and personal financial situation. The administrator shall contract with one or more eligible persons to provide such assistance…
Neb. Rev. Stat. § 2-4805 Farm mediation service; advise borrower of assistance programs.
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After receiving a mediation request, the farm mediation service shall advise the borrower that financial and legal preparation assistance may be available. The farm mediation service shall provide any other available information regarding assistance programs to farmers.
Neb. Rev. Stat. § 2-4806 Fees.
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The administrator shall adopt and promulgate rules and regulations setting appropriate fee guidelines for the services provided under the Farm Mediation Act, which fees shall not exceed actual costs and shall be borne equally by all parties, and setting forth any procedures or re…
Neb. Rev. Stat. § 2-4807 Creditor; provide notification of availability of mediation; when.
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(1) At least thirty days prior to the initiation of a proceeding on an agricultural debt in excess of forty thousand dollars, a creditor, except as provided in subsection (2) or (3) of this section, shall provide written notice directly to the borrower of the availability of medi…
Neb. Rev. Stat. § 2-4808 Mediation; request; participants.
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(1) Any borrower or creditor may request mediation of any indebtedness incurred in relation to an agricultural loan by applying to the farm mediation service. Any party involved in an adverse decision from a United States Department of Agriculture agency may request mediation by …
Neb. Rev. Stat. § 2-4809 Initial mediation meeting.
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After receiving a mediation request under section 2-4808, the farm mediation service shall send a mediation meeting notice to all the consenting parties setting a time and place for an initial mediation meeting between the parties and a mediator associated with the farm mediation…
Neb. Rev. Stat. § 2-4810 Mediation period; duration; continuation.
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The farm mediation service shall conduct and conclude a mediation meeting during the mediation period which extends for sixty days after the farm mediation service receives the mediation request. If all parties consent, mediation may continue after the end of the mediation period…
Neb. Rev. Stat. § 2-4811 Agreement; mediator; powers; enforcement.
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If an agreement is reached between the parties, the mediator may (1) draft a written mediation agreement encompassing the agreement, (2) have it signed by the parties, and (3) file the agreement with the farm mediation service. Any party to the mediation agreement may enforce the…
Neb. Rev. Stat. § 2-4812 Mediator; duties; confidentiality required.
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(1) At the initial mediation meeting and any subsequent meetings, the mediator associated with the farm mediation service shall: (a) Listen to every party desiring to be heard; (b) Attempt to mediate between the parties; (c) Allow for exploration of legitimate and fair interests …
Neb. Rev. Stat. § 2-4813 Administrator; farm mediation service; promote services.
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The administrator and the farm mediation service shall make an extensive effort to educate borrowers and creditors and other eligible participants on the mediation process; financial, legal, and federal agricultural program issues; and the availability of farm mediation services.
Neb. Rev. Stat. § 2-4814 Applicability of act.
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Except as otherwise provided in the Farm Mediation Act, nothing in the act shall be applicable to or shall affect any legal proceedings filed by any party in mediation.
Neb. Rev. Stat. § 2-4815 Farm mediation service; maintain statistical records.
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The farm mediation service shall maintain complete statistical records of program participation and costs and make them available upon request.
Neb. Rev. Stat. § 2-501 Act, how cited.
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Sections 2-501 to 2-518 shall be known and may be cited as the Nebraska Hemp Farming Act.
Neb. Rev. Stat. § 2-503 Terms, defined.
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For purposes of the Nebraska Hemp Farming Act: (1) Agriculture Improvement Act of 2018 means section 10113 of the federal Agriculture Improvement Act of 2018, Public Law 115-334, and any regulations adopted and promulgated under such section, as such section, act, and regulations…
Neb. Rev. Stat. § 2-505 Cultivation and transportation of hemp; authorized.
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(1) Hemp may be cultivated in this state by a USDA-licensed hemp producer, in accordance with such producer's USDA-issued license, or by a state-program-licensed hemp producer, in accordance with such producer's license under a USDA-approved tribal program. (2) Hemp may only be t…
Neb. Rev. Stat. § 2-509 Nebraska Hemp Program Fund; established; termination.
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The Nebraska Hemp Program Fund is established. The fund terminates on January 1, 2025, and the State Treasurer shall transfer any money in the fund on such date or as soon thereafter as administratively possible to the Noxious Weed Cash Fund.
Neb. Rev. Stat. § 2-5101 Act, how cited.
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Sections 2-5101 to 2-5111 shall be known and may be cited as the Buffer Strip Act.
Neb. Rev. Stat. § 2-5102 Legislative findings.
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The Legislature finds and declares that: (1) Buffer strips help to reduce the levels of sediment, crop nutrient, pesticides, and other chemicals introduced into surface water resources; and (2) Both wildlife and people benefit as a result of improved water quality.
Neb. Rev. Stat. § 2-5103 Terms, defined.
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For purposes of the Buffer Strip Act: (1) Buffer strip means a strip of vegetation used to intercept or trap field sediment, organics, pesticides, and other potential pollutants before they reach surface water; (2) Department means the Department of Agriculture; (3) District mean…
Neb. Rev. Stat. § 2-5106 Buffer Strip Incentive Fund; created; use; investment.
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The Buffer Strip Incentive Fund is created. Proceeds raised from fees imposed for the registration of pesticides and earmarked for the fund pursuant to section 2-2634, proceeds raised from federal grants earmarked for the fund, and any proceeds raised from public or private donat…
Neb. Rev. Stat. § 2-5107 Buffer strip; creation; application for reimbursement; procedure; district; duties.
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(1) Any person who desires to create a buffer strip adjacent to surface water on his or her property may submit an application for buffer strip reimbursement to the district. The application shall include the location of the proposed buffer strip and the total number of acres to …
Neb. Rev. Stat. § 2-5108 Buffer strip reimbursement; department; duties.
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(1) Upon receipt of the application for buffer strip reimbursement, the department shall review the application for compliance with the rules and regulations adopted and promulgated pursuant to section 2-5111. (2) If the department determines that the application is not in compli…
Neb. Rev. Stat. § 2-5109 Contractual agreement; terms; payments; renewal.
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(1) Upon approval of an application by the district and the department, the district shall enter into a contractual agreement with the applicant for the land included in the buffer strip. The agreement shall include a provision that the applicant shall maintain the buffer strip i…
Neb. Rev. Stat. § 2-5110 Contractual agreements; compliance; effect.
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Each district shall take reasonable steps to ensure that contractual agreements pursuant to section 2-5109 are complied with by the applicant. The department shall adequately reimburse the districts for the costs of such purposes. If the applicant does not comply with the terms o…
Neb. Rev. Stat. § 2-5111 Rules and regulations; department; powers and duties.
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The department shall adopt and promulgate such rules and regulations as are necessary for the enforcement and administration of the Buffer Strip Act. The rules and regulations shall include, but not be limited to, rules and regulations providing for: (1) Types of vegetation suita…
Neb. Rev. Stat. § 2-515 Transportation of hemp; requirements; restrictions.
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(1) Except as provided in subsection (3) of this section, any USDA-licensed hemp producer or state-program-licensed hemp producer transporting hemp shall carry with the hemp being transported a copy of the USDA license or state program license under which it was cultivated and a …
Neb. Rev. Stat. § 2-518 Hemp Promotion Fund; established; termination.
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The Hemp Promotion Fund is established. The fund terminates on January 1, 2025, and the State Treasurer shall transfer any money in the fund on such date or as soon thereafter as administratively possible to the Noxious Weed Cash Fund.
Neb. Rev. Stat. § 2-5501 Act, how cited.
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Sections 2-5501 to 2-5508 shall be known and may be cited as the Agricultural Suppliers Lease Protection Act.
Neb. Rev. Stat. § 2-5502 Legislative findings.
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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 con…
Neb. Rev. Stat. § 2-5503 Terms, defined.
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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 distributio…
Neb. Rev. Stat. § 2-5504 Railroad land; lease renewal; conditions; controversy; department; duties.
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(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…
Neb. Rev. Stat. § 2-5505 Railroad land; substantial improvements; offer to sell; agricultural tenant; rights; department; duties.
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(1)(a) Except when an owner of railroad land has received a bona fide third-party offer to purchase the property that the owner desires to accept, if a railroad or its successor in interest wishes to sell or offer to sell property leased to an agricultural tenant upon which subst…
Neb. Rev. Stat. § 2-5506 Department of Agriculture; employ appraiser; costs.
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(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)…
Neb. Rev. Stat. § 2-5507 Act; applicability; effect.
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(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 su…
Neb. Rev. Stat. § 2-5508 Agricultural Suppliers Lease Protection Cash Fund; created; use; investment.
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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 t…
Neb. Rev. Stat. § 2-5601 Terms, defined.
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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, wh…
Neb. Rev. Stat. § 2-5602 Excise tax; amount; payment.
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(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 c…
Neb. Rev. Stat. § 2-5603 Excise tax; first purchaser; deduction; records; contents; statement; remitted to State Treasurer.
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(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 f…
Neb. Rev. Stat. § 2-5604 Department of Agriculture; calculate costs; report.
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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…
Neb. Rev. Stat. § 2-5605 Violation; penalty.
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Any person violating sections 2-5601 to 2-5603 shall be guilty of a Class III misdemeanor.
Neb. Rev. Stat. § 2-945.01 Act, how cited.
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Sections 2-945.01 to 2-966 shall be known and may be cited as the Noxious Weed Control Act.