Chapter 39 — HIGHWAYS AND BRIDGES
1,079 sections in this chapter.
Neb. Rev. Stat. § 39-2910 Financial assistance; contracts; instruments.
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The investment program may make any contract and execute any instrument that is necessary or convenient to provide financial assistance, including any: (1) Loan agreement, trust indenture, intercept agreement, or reimbursement agreement; (2) Acceptance of a pledge of project reve…
Neb. Rev. Stat. § 39-2911 Political subdivision; loan; application; terms.
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(1) Any political subdivision may apply to the department for a loan from the investment program on a form prescribed by the department. (2) The terms of a duly executed loan or assistance contract are binding on the borrower, and the borrower shall unconditionally repay from ple…
Neb. Rev. Stat. § 39-2912 Loan; failure to comply with contract or make payment; effect.
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If a borrower of a loan from the investment program fails to comply with any contract term related to such loan or fails to make any payment when due, the investment program may: (1) Pursue any legal or equitable remedy; (2) Request that the Legislature reduce any appropriation t…
Neb. Rev. Stat. § 39-2913 Investment program; accounting; audit.
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The investment program shall maintain accounts in accordance with generally accepted accounting principles and applicable federal requirements, subject to annual independent audit.
Neb. Rev. Stat. § 39-2914 Investment program; special, limited obligation; treatment.
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An obligation of the investment program is a special, limited obligation that is payable solely from the revenue and assets of the investment program and shall not constitute a pledge of the full faith and credit of the State of Nebraska unless expressly authorized by separate st…
Neb. Rev. Stat. § 39-2915 Investment program; financial assistance for eligible project; procedures; requirements.
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(1) The investment program may provide financial assistance to any eligible entity for any eligible project. Such financial assistance may be in any lawful form, including any loan, loan guarantee, line of credit, letter of credit, lease, lease-purchase agreement, interest-rate s…
Neb. Rev. Stat. § 39-2916 Financial assistance; repayment; terms.
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(1) The maturity for any financial assistance that is provided under the Infrastructure Development Investment Program Act shall not exceed the lesser of the useful life of the financed asset or thirty years, unless federal law allows a longer term or the commission determines a …
Neb. Rev. Stat. § 39-2917 Financial assistance; security requirements.
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(1) Financial assistance that is provided under the Infrastructure Development Investment Program Act shall be secured by the pledge of revenue from the project or system, any legally available source, or any collateral required by the commission. (2) The commission may require a…
Neb. Rev. Stat. § 39-2918 Investment program; lien subordination; repayments; modification.
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(1) The investment program may subordinate its lien to senior debt if the commission determines that such subordination is necessary to finance the project and is consistent with any bond covenant. (2) The investment program may extend, defer, capitalize, or restructure repayment…
Neb. Rev. Stat. § 39-2919 Default; investment program; powers.
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In the event of a default by a borrower under the Infrastructure Development Investment Program Act, the investment program may pursue any lawful remedy, including acceleration, set-off, intercept of state aid that is otherwise due to the borrower, or transfer of collateral, cons…
Neb. Rev. Stat. § 39-2920 Financial assistance; use; requirements.
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(1) The investment program may provide financial assistance to an eligible entity to pay for all or part of the eligible cost of an eligible project. The investment program may require the eligible entity to enter into a financing agreement in connection with its financial assist…
Neb. Rev. Stat. § 39-2921 Financial assistance; approval; criteria.
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The commission shall prioritize the approval of applications for financial assistance based on objective criteria, including, but not limited to: (1) Economic impact and job creation; (2) Safety and system resilience benefits; (3) Readiness and financial feasibility; (4) Public b…
Neb. Rev. Stat. § 39-2922 Audit.
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The investment program shall cause an annual independent audit of all financial activities, including loan portfolios, investment earnings, debt obligations, and fund transfers. The audit shall be performed by a certified public accounting firm in accordance with generally accept…
Neb. Rev. Stat. § 39-2923 Investment program; report; when; contents.
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(1) The investment program shall prepare and electronically submit a report to the Clerk of the Legislature no later than November 1 of each year. The report shall include the following information relating to the investment program: (a) A statement of financial position and chan…
Neb. Rev. Stat. § 39-2924 Investment program; duties.
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The investment program shall operate in compliance with: (1) Federal law and program guidance applicable to state infrastructure banks, including capitalization, use-of-funds, and reporting requirements established under 23 U.S.C. 610, or any other applicable federal law, as such…
Neb. Rev. Stat. § 39-2925 Revenue bonds, notes, or other evidence of indebtedness; authorized.
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The investment program is authorized to issue revenue bonds, notes, or other evidence of indebtedness for the purposes of financing, refinancing, or refunding loans and other eligible costs under the Infrastructure Development Investment Program Act. Obligations may be issued in …
Neb. Rev. Stat. § 39-2926 Obligation; how paid; treatment.
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(1) Each obligation that is issued by the investment program shall be a special, limited obligation that is payable solely from revenue, repayments, pledged receipts, or other legally available funds of the investment program, and shall not constitute a general obligation of the …
Neb. Rev. Stat. § 39-2927 Debt service coverage ratio; requirements.
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(1) The investment program shall maintain a debt service coverage ratio consistent with prudent fiscal standards and bond covenants. (2) No obligation shall be issued that would cause the debt or liability of the investment program to exceed available pledged revenue.
Neb. Rev. Stat. § 39-2928 Obligation; issuance; procedure.
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(1) Prior to issuance, an obligation shall be authorized by a resolution of the commission specifying the principal amount, purpose, interest rate or rates, maturities of not to exceed forty years, redemption provisions, and all other terms of the obligation. (2) The commission m…
Neb. Rev. Stat. § 39-2929 Investment program; pledge; constitute lien; enforcement.
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(1) The investment program may pledge any repayment, investment earning, or interest subsidy, or any other investment program income to the payment of any obligation or related reserve. (2) Each such pledge shall constitute a valid and binding lien upon the pledged revenue from t…
Neb. Rev. Stat. § 39-2930 Obligation; sale; execution; form.
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(1) Any obligation may be sold at public or private sale, as determined by the commission, at any price and interest rate deemed to be in the best interest of the investment program. (2) Each obligation shall be executed on behalf of the investment program by the officer authoriz…
Neb. Rev. Stat. § 39-2931 Refunding or advance refunding obligation; authorized; limitation.
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The investment program may issue any refunding or advance refunding obligation to retire outstanding debt, reduce debt service, restructure any maturity, or achieve savings. Any such refunding shall not extend any final maturity beyond the useful life of the financed asset.
Neb. Rev. Stat. § 39-2932 Bond service account and reserve accounts; requirements; use.
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(1) The investment program shall maintain a bond service account and such reserve accounts as required by bond proceedings. (2) Debt service payments from pledged revenue or other legally available money that are remitted to the State Treasurer shall be credited by the State Trea…
Neb. Rev. Stat. § 39-2933 State and local taxation; exemption.
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An obligation that is issued under the Infrastructure Development Investment Program Act, the transfer of such obligation, and the income from such issuance and transfer, including the profit from the sale of such obligation, shall be exempt from state and local taxation.
Neb. Rev. Stat. § 39-2934 Obligation; lawful investment, when; accepted as security.
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An obligation that is issued under the Infrastructure Development Investment Program Act shall be a lawful investment for any bank, trust company, insurance company, pension fund, or other fiduciary and may be accepted as security for the deposit of public money.
Neb. Rev. Stat. § 39-2935 Obligation; issuance; requirements.
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Each obligation shall be issued in conformity with the Infrastructure Development Investment Program Act and federal securities regulations, including continuing disclosure requirements and limitations on arbitrage earnings under 26 U.S.C. 148, as such section existed on January …
Neb. Rev. Stat. § 39-2936 Obligation; default; bond holder or trustee; powers.
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(1) In the event of default, any bondholder or trustee may enforce any covenant through any mandamus, injunction, or other equitable proceeding, consistent with the bond proceedings. (2) Any trustee may be empowered to receive and administer pledged revenue and ensure payment of …
Neb. Rev. Stat. § 39-2937 Rules and regulations.
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(1) The commission may adopt and promulgate rules and regulations to carry out the Infrastructure Development Investment Program Act. (2) No later than July 1, 2027, the commission shall adopt and promulgate rules and regulations to provide for: (a) The transparent, equitable, an…
Neb. Rev. Stat. § 39-2938 Commission; duties.
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(1) The commission shall adopt and maintain internal control policies, investment standards, and risk management frameworks to ensure prudent fiscal operations. (2) Such controls shall comply with applicable state auditing, ethics, and administrative procedures.
Neb. Rev. Stat. § 39-2939 Investment program; website.
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The investment program shall maintain a website for access by the public. At a minimum, such website shall contain reports published by the investment program or the commission, rules and regulations adopted and promulgated under the Infrastructure Development Investment Program …
Neb. Rev. Stat. § 39-301 Roads; injuring or obstructing; penalties; exceptions.
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Any person who injures or obstructs a public road by felling a tree or trees in, upon, or across the same, by placing or leaving any other obstruction thereon, by encroaching upon the same with any fence, by plowing or digging any ditch or other opening thereon, by diverting wate…
Neb. Rev. Stat. § 39-302 Roads; sprinkler irrigation system; restrictions; violations; penalty.
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A sprinkler irrigation system which due to location or design diverts, or is capable of diverting, water onto or across a public road so as to saturate, wash, or impair the maintenance, construction, or passability of such public road or allows water to accumulate on the roadway …
Neb. Rev. Stat. § 39-303 Sidewalks, bridges; injuring or obstructing; penalty.
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Any person who purposely destroys or injures any sidewalk, public or private bridge, culvert, or causeway, removes any of the timber or plank thereof, or obstructs the same shall be guilty of a Class V misdemeanor and shall be liable for all damages occasioned thereby and all nec…
Neb. Rev. Stat. § 39-304 Injuries to roads, bridges, gates, milestones; penalty.
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Any person who willfully and maliciously injures any lawful public road in this state or any bridge, gate, milestone, or other fixture on any such road shall, for every such offense, be guilty of a Class V misdemeanor and be liable to any party injured in double damages.
Neb. Rev. Stat. § 39-305 Plowing up road; penalty.
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Any person who plows up or upon any public highway without the consent or direction of the road overseer or the officer in charge of road work in the area where such road is located shall be guilty of a Class V misdemeanor.
Neb. Rev. Stat. § 39-306 Plowing up road; road overseer; duty to file complaint; violation; penalty.
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It is hereby made the duty of the road overseer or other officer in charge of road work in the area where such road is located to make complaint to the county attorney of any violation of section 39-305. Any willful neglect of this duty by a road overseer or other such officer sh…
Neb. Rev. Stat. § 39-307 Barbed wire fence along highway without guards; penalty.
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Any person who builds a barbed wire fence across or in any plain traveled road or track in common use, either public or private, without first putting up sufficient guards to prevent either human or beast from running into the fence shall be guilty of a Class V misdemeanor and sh…
Neb. Rev. Stat. § 39-308 Removal of traffic hazards; determined by Department of Transportation and local authority; violation; penalty.
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It shall be the duty of the owner of real property to remove from such property any tree, plant, shrub, or other obstruction, or part thereof, which, by obstructing the view of any driver, constitutes a traffic hazard. When the Department of Transportation or any local authority …
Neb. Rev. Stat. § 39-309 Sidewalks, trees, hedge fence bordering public roads; when lawful; removal by county board.
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It shall be lawful for the owner or occupants of land bordering upon any public road to build sidewalks not to exceed six feet in width, to plant shade and ornamental trees along and in such road at a distance not exceeding one-tenth of the legal width of a road from its margin, …
Neb. Rev. Stat. § 39-310 Depositing materials on roads or ditches; penalties.
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Any person who deposits any wood, stone, or other kind of material on any part of any lawful public road in this state, inside of the ditches of such road, or outside of the ditches but so near thereto as to cause the banks thereof to break into the same, causes the accumulation …
Neb. Rev. Stat. § 39-311 Rubbish on highways; prohibited; signs; enforcement; violation; penalties.
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(1) No person shall throw or deposit upon any highway: (a) Any glass bottle, glass, nails, tacks, wire, cans, or other substance likely to injure any person or animal or damage any vehicle upon such highway; or (b) Any burning material. (2) Any person who deposits or permits to b…
Neb. Rev. Stat. § 39-312 Camping; permitted; where; violation; penalty.
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It shall be unlawful to camp on any state or county public highway, roadside area, park, or other property acquired for highway or roadside park purposes except at such places as are designated campsites by the Department of Transportation or the county or other legal entity of g…
Neb. Rev. Stat. § 39-313 Hunting, trapping, or molesting predatory animal on or from freeway; prohibited, exception; violation; penalty.
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No person shall hunt, trap, or molest any predatory animal on or upon any portion of a freeway or approach or exit thereto except at locations designated for such purpose. No person shall shoot from the roadway onto or across the land of any farmer or landowner or kill, attempt t…
Repealed. Laws 1957, c. 155, art. VIII, § 1.
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[Repealed or reserved.]
Repealed. Laws 1957, c. 155, art. VIII, § 1.
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[Repealed or reserved.]
Repealed. Laws 1957, c. 155, art. VIII, § 1.
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[Repealed or reserved.]
Repealed. Laws 1957, c. 155, art. VIII, § 1.
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[Repealed or reserved.]
Repealed. Laws 1957, c. 155, art. VIII, § 1.
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[Repealed or reserved.]
Repealed. Laws 1957, c. 155, art. VIII, § 1.
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[Repealed or reserved.]
Repealed. Laws 1957, c. 155, art. VIII, § 1.
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[Repealed or reserved.]