Chapter 3 — AERONAUTICS
220 sections in this chapter.
Neb. Rev. Stat. § 3-101 Terms, defined.
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For purposes of the State Aeronautics Act and the laws of this state relating to aeronautics, the following words, terms, and phrases shall have the meanings given in this section, unless otherwise specifically defined or unless another intention clearly appears or the context ot…
Neb. Rev. Stat. § 3-102 Purpose of act.
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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 aer…
Neb. Rev. Stat. § 3-103 Division of Aeronautics; director; appointment; qualifications; duties; oath.
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(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, sub…
Neb. Rev. Stat. § 3-104 Nebraska Aeronautics Commission; created; members, appointment; term; qualification; chairperson; quorum; meetings; expenses; duties.
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(1) There is hereby created the Nebraska Aeronautics Commission which shall consist of five members, who shall be appointed by the Governor. The terms of office of the members of the commission initially appointed shall expire on March 1 of the years 1946, 1947, 1948, 1949, and 1…
Neb. Rev. Stat. § 3-105 Division; seal; rules and regulations; adopt.
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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 Divisi…
Neb. Rev. Stat. § 3-106 Division; aircraft; purchase; use; report; contents.
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(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 …
Neb. Rev. Stat. § 3-107 Division; general supervision; Highway Cash Fund; use for administration of the division; projects; state funds; expenditure; recovery.
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(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) T…
Neb. Rev. Stat. § 3-108 Division; cooperate with federal government, political subdivisions, and others engaged in aeronautics; hearings; reports; contents.
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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 empowe…
Neb. Rev. Stat. § 3-109 Division; powers; rules and regulations; applicability to federal government.
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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 …
Neb. Rev. Stat. § 3-110 Rules and regulations; conform to federal regulation.
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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 r…
Neb. Rev. Stat. § 3-111 Rules and regulations; where kept.
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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.
Neb. Rev. Stat. § 3-112 Division; airways system.
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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, …
Neb. Rev. Stat. § 3-113 Division; engineering and technical services; availability.
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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…
Neb. Rev. Stat. § 3-114 Division; represent state in aeronautical matters.
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The division may represent the state in aeronautical matters before federal agencies and other state agencies.
Neb. Rev. Stat. § 3-115 Actions by or against division; intervention.
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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 individua…
Neb. Rev. Stat. § 3-116 Enforcement; intergovernmental cooperation.
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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 …
Neb. Rev. Stat. § 3-117 Director; investigations; hearings; oaths; certify official acts; subpoenas; compel attendance of witnesses; violation; penalty.
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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 a…
Neb. Rev. Stat. § 3-118 Division; reports of investigations or hearings; evidence; how used.
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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 a…
Neb. Rev. Stat. § 3-119 Division; assist in acquisition, development, operation, or maintenance of airports.
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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 th…
Neb. Rev. Stat. § 3-120 Division; contracts; authorized.
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The division may enter into any contracts necessary to the execution of the powers granted it by the State Aeronautics Act.
Neb. Rev. Stat. § 3-121 Division; airway and airport; exclusive right prohibited.
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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.
Transferred to section 75-202.
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[Repealed or reserved.]
Neb. Rev. Stat. § 3-123 Division; cooperate with federal government; comply with federal laws.
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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 p…
Neb. Rev. Stat. § 3-124 Division; acceptance of gifts of money, authorized; terms and conditions.
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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 airp…
Neb. Rev. Stat. § 3-125 Division; contracts; laws governing.
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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 owne…
Transferred to section 55-181.
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[Repealed or reserved.]
Neb. Rev. Stat. § 3-126 Aeronautics Cash Fund; created; use; investment.
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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…
Neb. Rev. Stat. § 3-127 Director; duties.
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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 meeting…
Neb. Rev. Stat. § 3-128 Division; regulation of airports.
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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 navigatio…
Neb. Rev. Stat. § 3-129 Aircraft; license, certificate, or permit required.
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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.
Repealed. Laws 2010, LB 216, § 1.
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[Repealed or reserved.]
Neb. Rev. Stat. § 3-130 License, certificate, or permit; exceptions.
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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 a…
Neb. Rev. Stat. § 3-131 License, certificate, permit, or registration; duty to carry, present for inspection, and exhibit.
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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 t…
Repealed. Laws 1976, LB 460, § 10.
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[Repealed or reserved.]
Neb. Rev. Stat. § 3-133 Airports; license; requirement; approval of site; operation without license unlawful.
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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…
Neb. Rev. Stat. § 3-134 Air navigation facility; certificate of approval; hearing; notice; order; license.
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Whenever the division makes an order granting or denying a certificate of approval of an airport or a restricted landing area, or an original license to use or operate an airport, restricted landing area, or other air navigation facility, and the applicant or any interested munic…
Neb. Rev. Stat. § 3-135 Air navigation facility; certificate of approval; hearing; standards to be considered.
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In determining whether to issue a certificate of approval or license for the use or operation of any proposed airport or restricted landing area, the division shall take into consideration (1) its proposed location, size, and layout, (2) the relationship of the proposed airport o…
Neb. Rev. Stat. § 3-136 Certificate of approval; restricted landing area for personal use; exception.
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The provisions of sections 3-133 to 3-135 shall not apply to restricted landing areas designed for personal use.
Neb. Rev. Stat. § 3-137 Air navigation facility; certificate of approval; revocation, grounds.
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The division is empowered to temporarily or permanently revoke any certificate of approval or license issued by it when it shall determine that an airport, restricted landing area, or other navigation facility is not being maintained or used in accordance with the State Aeronauti…
Neb. Rev. Stat. § 3-138 Certificate of approval; federal government; exception.
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The provisions of sections 3-133 to 3-136 shall not apply to any airport, restricted landing area or other air navigation facility owned or operated by the federal government within this state.
Neb. Rev. Stat. § 3-139 Division; certificate of approval, permit, or license; refuse to issue; notice; set forth reasons; inspection of premises.
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If the division refuses to (1) issue a certificate of approval of a license or the renewal of a license for an airport, restricted landing area, or other air navigation facility or (2) permit the registration of any license, certificate, or permit, the division shall set forth it…
Neb. Rev. Stat. § 3-140 Appeal; procedure.
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Any person aggrieved by an order of the division or by the granting or denial of any license, certificate, or registration may appeal the order or such granting or denial, and the appeal shall be in accordance with the Administrative Procedure Act.
Neb. Rev. Stat. § 3-141 Division; air navigation facilities; acquire by purchase, gift, or condemnation; establish; improve; operate; dispose of property; exception.
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The division is authorized and empowered, on behalf of and in the name of this state, within the limitation of available appropriations, to (1) acquire, by purchase, gift, devise, lease, condemnation proceedings, or otherwise, real or personal property for the purpose of establis…
Neb. Rev. Stat. § 3-142 Division; airports; easements; acquire by condemnation.
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Where necessary, in order to provide unobstructed air space for the landing and taking off of aircraft utilizing airports and restricted landing areas acquired or operated under the State Aeronautics Act, the division may acquire, in the same manner as is provided for the acquisi…
Neb. Rev. Stat. § 3-143 Division; joint activities; authorized.
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The division may engage in all activities jointly with the United States, with other states, with municipalities or other agencies of this state, and with persons owning privately owned public use airports.
Neb. Rev. Stat. § 3-144 Division; right of eminent domain; procedure.
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The division may exercise the right of eminent domain, in the name of the state, for the purpose of acquiring any property which it is authorized to acquire by condemnation. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.…
Neb. Rev. Stat. § 3-145 Division; airport; lease; sell; supplies.
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The division may (1) lease, for a term not exceeding ten years, such airports, other air navigation facilities, or real property acquired or set apart for airport purposes, to private parties, any municipal or state government, the national government, or any department of any su…
Neb. Rev. Stat. § 3-146 Division; rentals; power to determine; charges; lien; enforce.
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The division may determine the charges or rental for the use of any properties and the charges for any service or accommodations under its control and the terms and conditions under which such properties may be used, so long as in all cases the public shall not be deprived of its…
Neb. Rev. Stat. § 3-147 Airports; acquisition of land; purpose.
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The acquisition of any lands for the purpose of establishing airports or other air navigation facilities; the acquisition of any airport protection privileges; the acquisition, establishment, construction, enlargement, improvement, maintenance, equipment, and operation of airport…
Neb. Rev. Stat. § 3-148 Aircraft fuel tax; Aircraft Fuel Tax Fund; created; distribution; terms, defined.
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There is hereby imposed a tax of five cents per gallon upon aviation gasoline and a tax of three cents per gallon upon aviation jet fuel purchased for and used in aircraft within the State of Nebraska. Such aircraft tax shall be levied, collected, and refunded in the manner provi…