Chapter 3 — AERONAUTICS
220 sections in this chapter.
Neb. Rev. Stat. § 3-149 Aircraft fuel tax; collection; violation; penalty.
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The suppliers, distributors, wholesalers, and importers defined in Chapter 66, article 4, shall collect the tax as prescribed in section 3-148, keep an account thereof separately from other fuel tax, and remit the tax collected accordingly to the Tax Commissioner. The Tax Commiss…
Neb. Rev. Stat. § 3-150 Aircraft fuel tax; repayment; fuel used for air school purposes.
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Any person, firm, partnership, limited liability company, company, agency, corporation, body politic, municipality, or National Guard or reserve officer of the United States Army who buys and uses aircraft fuel meeting the specifications set by the Department of Revenue, bought f…
Repealed. Laws 1985, LB 272, § 4.
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[Repealed or reserved.]
Neb. Rev. Stat. § 3-151 Aircraft fuel tax; repayment; presentation of claims.
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All claims for reimbursement shall be made by affidavit in such form and containing such information as the Tax Commissioner shall prescribe. Such claims shall be accompanied by the original invoices of sales and receipts and shall be filed with the commissioner within seven mont…
Neb. Rev. Stat. § 3-152 Violations; penalty.
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Any person violating any of the provisions of the State Aeronautics Act, or any of the rules, regulations, or orders adopted, promulgated, or issued pursuant thereto, shall be guilty of a Class II misdemeanor.
Repealed. Laws 1963, c. 339, § 1.
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[Repealed or reserved.]
Neb. Rev. Stat. § 3-154 Act, how cited.
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Sections 3-101 to 3-164 shall be known and may be cited as the State Aeronautics Act.
Neb. Rev. Stat. § 3-155 Real property formerly used as army airfields; disposal; conditions.
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(1) The division is hereby authorized and directed to dispose of all real property held by the division and formerly used by the United States as army airfields, and which is not required for airport operational use purposes. The division shall seek approval from the Federal Avia…
Neb. Rev. Stat. § 3-156 Aeronautics Trust Fund; created; real property; proceeds of sale; how used; investment.
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The Aeronautics Trust Fund is created. The necessary expenses incurred in the sale of property under section 3-155 shall be paid from the Aeronautics Cash Fund, and the proceeds from the sale of such property shall be credited to the Aeronautics Trust Fund after reimbursement of …
Neb. Rev. Stat. § 3-157 Division; real property; lease; when; requirements.
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The division may lease for a period not exceeding twelve years real property held by the division that has been offered for sale for two consecutive years and has not been sold. The lease shall provide for annual rental payments based on fair rental value. The rental payments sha…
Neb. Rev. Stat. § 3-158 Person renting aircraft; insurance information; notice.
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Any person who in the ordinary course of his or her business rents an aircraft to another person shall deliver to the renter a written notice stating the nature and extent of insurance coverage provided, if any, for the renter against loss of or damage to the hull of the aircraft…
Neb. Rev. Stat. § 3-159 Authorization to purchase new aircraft; sale of aircraft.
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The Executive Board of the Legislative Council pursuant to the authority granted in Laws 2013, LB194, section 9, commissioned an independent study to enable the Legislature to determine whether the state should purchase or otherwise acquire an aircraft for state purposes and what…
Neb. Rev. Stat. § 3-160 Employees of Department of Aeronautics; transfer to Division of Aeronautics; how treated.
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On and after July 1, 2017, positions of employment in the Department of Aeronautics related to the powers, duties, and functions transferred pursuant to Laws 2017, LB339, are transferred to the Division of Aeronautics of the Department of Transportation. For purposes of the trans…
Neb. Rev. Stat. § 3-161 Reference to Department of Aeronautics in contracts or other documents; how construed; contracts and property; how treated.
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On and after July 1, 2017, whenever the Department of Aeronautics is referred to or designated by any contract or other document in connection with the duties and functions transferred to the Division of Aeronautics of the Department of Transportation pursuant to Laws 2017, LB339…
Neb. Rev. Stat. § 3-162 Actions and proceedings; how treated.
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No suit, action, or other proceeding, judicial or administrative, lawfully commenced prior to July 1, 2017, or which could have been commenced prior to that date, by or against the Department of Aeronautics, or the director or any employee thereof in such director's or employee's…
Neb. Rev. Stat. § 3-163 Provisions of law; how construed.
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On and after July 1, 2017, unless otherwise specified, whenever any provision of law refers to the Department of Aeronautics in connection with duties and functions transferred to the Division of Aeronautics of the Department of Transportation, such law shall be construed as refe…
Neb. Rev. Stat. § 3-164 Property of Department of Aeronautics; transfer to Division of Aeronautics; appropriation and salary limit; how treated.
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On July 1, 2017, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of the Department of Aeronautics pertaining to the duties and functions transferred to the Division of Aeronautics of the Department of Transportation…
Neb. Rev. Stat. § 3-201 Terms, defined.
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For the purpose of the Revised Airports Act, unless specifically otherwise provided in the act, the definitions of words, terms, and phrases appearing in the State Aeronautics Act are hereby adopted. The following words, terms, and phrases shall in the Revised Airports Act have t…
Neb. Rev. Stat. § 3-201.01 Temporary airports and landing fields; approval; application; purpose of landing area.
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Any proposed airport, restricted landing area, or other air navigation facility which will be in existence for less than thirty consecutive days shall first be approved by the Division of Aeronautics of the Department of Transportation before any such airport, landing area, or ot…
Neb. Rev. Stat. § 3-202 Municipality; powers.
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Every municipality is hereby authorized, through its governing body, to (1) acquire property, real or personal, for the purpose of establishing, constructing, and enlarging airports and other air navigation facilities, (2) acquire, establish, construct, enlarge, improve, maintain…
Neb. Rev. Stat. § 3-203 Municipality; property, territorial or extraterritorial; acquire; right of eminent domain; procedure; effect.
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Property needed by a municipality for an airport or restricted landing area, for the enlargement of either, or for other airport purposes may be acquired by purchase, gift, devise, lease, or other means, if such municipality is able to agree with the owners of the property on the…
Neb. Rev. Stat. § 3-204 Airport hazards; municipality; easements; acquire; right of eminent domain; effect on zoning.
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Where necessary, in order to provide unobstructed air space for the landing and taking off of aircraft utilizing airports or restricted landing areas acquired or operated under the provisions of sections 3-201 to 3-238 and 18-1502, every municipality is authorized to acquire, in …
Neb. Rev. Stat. § 3-205 Encroachment upon airport protection privileges; unlawful; removal.
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It shall be unlawful for anyone to build, rebuild, create, or cause to be built, rebuilt, or created any object, or plant, cause to be planted or permit to grow higher any tree or trees or other vegetation, which shall encroach upon any airport protection privileges acquired purs…
Neb. Rev. Stat. § 3-206 Acquisition of property; purposes.
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(1) The acquisition of any lands for the purpose of establishing airports or other air navigation facilities, (2) the acquisition of airport protection privileges, (3) the acquisition, establishment, construction, enlargement, improvement, maintenance, equipment, and operation of…
Repealed. Laws 1969, c. 138, § 28.
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[Repealed or reserved.]
Neb. Rev. Stat. § 3-208 Acquisition of property; prior acts validated.
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Any acquisition of property, within or without the limits of any municipality, for airports and other air navigation facilities, or of airport protection privileges, heretofore made by any such municipality in any manner, together with the conveyance and acceptance thereof, is he…
Neb. Rev. Stat. § 3-209 Municipality; acquired property and income; exempt from taxation.
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Any property acquired by a municipality pursuant to the provisions of sections 3-201 to 3-238 and 18-1502 shall be exempt from taxation to the same extent as other property used for public purposes. All income received in connection with the operation by a municipality of any air…
Neb. Rev. Stat. § 3-210 Municipality; costs; paid by appropriation of funds or bonds; cost, defined.
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The cost of investigating, surveying, planning, acquiring, establishing, constructing, enlarging or improving or equipping airports and other air navigation facilities, and the sites therefor, including structures and other property incidental to their operation, in accordance wi…
Neb. Rev. Stat. § 3-211 Bonds; issuance; limitation.
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Any bonds to be issued by any municipality pursuant to the provisions of sections 3-201 to 3-238 and 18-1502 shall be authorized and issued in the manner and within the limitation, except as herein otherwise provided, prescribed by the laws of this state or the charter of the mun…
Neb. Rev. Stat. § 3-212 Bonds; issuance; prior issues validated; issuance of additional bonds; legal obligations.
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In all cases where a municipality has heretofore issued any bonds for the purpose of investigating, surveying, planning, acquiring, establishing, constructing, enlarging, equipping, or improving any airport, or other air navigation facility, or site therefor, or to meet the cost …
Neb. Rev. Stat. § 3-213 Municipalities; power to raise funds; use.
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The governing bodies having power to appropriate money within the municipalities in this state acquiring, establishing, constructing, enlarging, improving, maintaining, equipping or operating airports and other air navigation facilities under the provisions of sections 3-201 to 3…
Neb. Rev. Stat. § 3-214 Revenue; disposition; excess.
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The revenue obtained from the ownership, control and operation of any such airport or other air navigation facility shall be used, first, to finance the maintenance, improvement and operating expenses thereof and, second, to make payments of interest on and current principal requ…
Neb. Rev. Stat. § 3-215 Municipality; general powers; rules and regulations; adopt.
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In addition to the general power conferred in the Revised Airports Act and section 18-1502 and without limitation thereof, a municipality which has established or may hereafter establish airports, restricted landing areas, or other air navigation facilities, or which has acquired…
Neb. Rev. Stat. § 3-216 Municipality; accept gifts of money; expend.
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A municipality is authorized to accept, receive, and receipt for federal money, and other money, either public or private, for the acquisition, construction, enlargement, improvement, maintenance, equipment, or operation of airports and other air navigation facilities, and sites …
Repealed. Laws 1947, c. 8, § 2.
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[Repealed or reserved.]
Neb. Rev. Stat. § 3-218 Contracts; laws governing.
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All contracts for the acquisition, construction, enlargement, improvement, maintenance, equipment, or operation of airports or other air navigation facilities, made by the municipality itself or through the agency of the Division of Aeronautics of the Department of Transportation…
Neb. Rev. Stat. § 3-219 Municipality; public waters; powers.
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The power herein granted to a municipality to establish and maintain airports shall include the power to establish and maintain such airports in, over and upon any public waters of this state within the limits or jurisdiction of or bordering on the municipality, any submerged lan…
Neb. Rev. Stat. § 3-220 Municipalities; public waters; additional powers.
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All the other powers herein granted municipalities with reference to airports on land are granted to them with reference to such airports in, over and upon public waters, submerged land under public waters, and artificial or reclaimed land.
Neb. Rev. Stat. § 3-221 Joint exercise of powers, authorized; when.
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All powers, rights and authority granted to any municipality in sections 3-201 to 3-238 and 18-1502 may be exercised and enjoyed by two or more municipalities, or by this state and one or more municipalities therein, acting jointly, either within or without the territorial limits…
Neb. Rev. Stat. § 3-222 Municipality; terms, defined.
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For purposes of sections 3-221 to 3-232 only, unless another intention clearly appears or the context otherwise requires, this state shall be included in the term municipality, and all the powers conferred upon municipalities in the Revised Airports Act and section 18-1502, if no…
Neb. Rev. Stat. § 3-223 Municipality; joint agreements and action; authorized.
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Any two or more municipalities may enter into agreements with each other, duly authorized by ordinance or resolution, as may be appropriate, for joint action pursuant to the provisions of sections 3-221 to 3-232. Concurrent action by the governing bodies of the municipalities inv…
Neb. Rev. Stat. § 3-224 Joint agreements; contents.
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Each such agreement shall (1) specify its terms, (2) the proportionate interest which each municipality shall have in the property, facilities and privileges involved, (3) the proportion of the preliminary costs, costs of acquisition, establishment, construction, enlargement, imp…
Neb. Rev. Stat. § 3-225 Joint agreements; board, created; members; terms; compensation.
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Municipalities acting jointly as herein authorized shall create a board from the inhabitants of such municipalities for the purpose of acquiring property for, establishing, constructing, enlarging, improving, maintaining, equipping, operating and regulating the airports and other…
Neb. Rev. Stat. § 3-226 Board; officers; adopt rules of procedure.
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Each such board shall organize, select officers for terms to be fixed by the agreement, and adopt and from time to time amend rules of procedure.
Neb. Rev. Stat. § 3-227 Board; powers.
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Such board may exercise, on behalf of the municipalities acting jointly by which it is appointed, all the powers of each of such municipalities granted by the Revised Airports Act, except as otherwise provided in the act. Real property, airports, restricted landing areas, air pro…
Neb. Rev. Stat. § 3-228 Joint agreements; ordinances enacted concurrent with each other; effect; publication.
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Each municipality, acting jointly with another, pursuant to the Revised Airports Act, is authorized and empowered to enact, concurrently with the other municipalities involved, such ordinances as are provided for by subdivision (2) of section 3-215, and to fix by such ordinances …
Neb. Rev. Stat. § 3-229 Joint agreements; condemnation proceedings; property acquired held as tenants in common.
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Condemnation proceedings shall be instituted, in the names of the municipalities jointly, and the property acquired shall be held by the municipalities as tenants in common. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.
Neb. Rev. Stat. § 3-230 Joint agreements; funds; revenue, use.
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For the purpose of providing funds for necessary expenditures in carrying out the provisions of sections 3-221 to 3-232, a joint fund shall be created and maintained, into which each of the municipalities involved shall deposit its proportionate share as provided by the joint agr…
Neb. Rev. Stat. § 3-231 Joint agreements; funds; disbursed by order of board.
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All disbursements from such fund shall be made by order of the board in accordance with such rules and regulations and for such purposes as the appointing governing bodies, acting jointly, shall prescribe.
Neb. Rev. Stat. § 3-232 Joint agreements; specific performance authorized.
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Specific performance of the provisions of any joint agreement entered into as provided for in sections 3-221 to 3-231 may be enforced as against any party thereto by the other party or parties thereto.