Chapter 57, MINERALS, OIL, AND GAS
203 sections in this chapter.
Neb. Rev. Stat. § 57-302 Lien; scope.
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Any person who transports or hauls oil field equipment under express contract with the owner or operator of any gas or oil leasehold interest in real property, the owner or operator of any gas pipeline or oil pipeline, the owner of any oil field equipment and material, or the tru…
Neb. Rev. Stat. § 57-303 Lien; filing; notice; requirements; effect.
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Any person entitled to file a lien shall, within four months after the oil field equipment was transported and delivered, file a statement in the office of the county clerk of such county where such oil field equipment was delivered, and at the time of filing such statement the c…
Neb. Rev. Stat. § 57-304 Lien; enforcement by action; time.
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The holder of such lien shall within two years of the filing of such lien institute an action to foreclose and enforce the lien in the manner now provided by law for the foreclosure of a construction lien or institute an action in attachment or replevin, setting forth the lienhol…
Neb. Rev. Stat. § 57-401 Easement; authority of executor, administrator, guardian, trustee, or conservator to execute.
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Administrators and executors of the estates of deceased persons, trustees of trust estates, conservators of estates of persons unfit by reason of infirmities of age or physical disability, and the guardians of estates of minors and incompetent persons are hereby authorized to ent…
Neb. Rev. Stat. § 57-402 Easement; authority of executor, administrator, guardian, trustee, or conservator to execute; petition; notice; hearing; order.
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(1) Before entering into any such contracts for such easements, an application shall be duly filed in the county court of the county in which the estate, guardianship, or conservatorship proceedings are pending, or trust is being administered, or in the county court of the county…
Neb. Rev. Stat. § 57-501 Terms, defined.
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As used in sections 57-501 to 57-507, unless the context otherwise requires: (1) Person means and includes any person, firm, or corporation; (2) Owner means and includes (a) any person who holds a written bill of sale or other instrument under which title to the container was tra…
Neb. Rev. Stat. § 57-502 Cylinders; filling; requirements.
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No cylinder shall be filled or refilled with liquefied petroleum gas, or any other gas or compound, nor shall a cylinder be bought, sold, offered for sale, given, taken, loaned, delivered, or permitted to be delivered or otherwise used, or trafficked in, unless such cylinder meet…
Neb. Rev. Stat. § 57-503 Cylinders; valves; requirements.
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While in transit, in storage, and being moved into final utilization, all cylinders containing liquefied petroleum gas must have their valves protected as required by the regulations of the United States Department of Transportation on September 1, 2001.
Neb. Rev. Stat. § 57-504 Container; filled by owner; purchase of cylinder; effect.
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No person, except the owner thereof or persons authorized in writing by the owner so to do, shall fill or refill with liquefied petroleum gas, or any other gas or compound, a container or buy, sell, offer for sale, give, take, loan, deliver, or permit to be delivered, or otherwis…
Neb. Rev. Stat. § 57-505 Container; filling by other than owner; unlawful.
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The use of a container by any person other than the person whose name, mark, initial, or device is or has been upon such container, without written consent or purchase of such marked and distinguished container, for the sale of liquefied petroleum gas or filling or refilling with…
Neb. Rev. Stat. § 57-506 Container; unlawful use; search warrant; violation; penalty.
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Whenever any person makes an oath in writing before any judge of the county court that the party making the affidavit has reason to believe and does believe that a container which is marked with the name, initials, mark, or other device of the owner is in the possession of or bei…
Neb. Rev. Stat. § 57-507 Violations; penalty.
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Any person who shall fail to comply with any of the provisions of sections 57-501 to 57-507 shall be deemed guilty of a Class III misdemeanor. Each violation of this section shall constitute a separate offense.
Neb. Rev. Stat. § 57-508 Sale of gas; units of measurement.
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It shall be unlawful to sell at retail or wholesale or offer for sale at retail or wholesale any liquefied petroleum gas except specified in pounds; liquid measure, specified in gallons; or vapor, specified in cubic feet or such other units as may be approved by the Department of…
Neb. Rev. Stat. § 57-509 Sale by weight; marking required.
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When liquefied petroleum gas is sold at retail or wholesale or offered for sale at retail or wholesale by weight, in packages or containers, the tare weight of the container, and the net weight of the contents shall be plainly and conspicuously marked on the outside of the contai…
Neb. Rev. Stat. § 57-510 Weighing and measuring devices; testing; duties of Department of Agriculture.
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The Department of Agriculture is authorized to test all weighing and measuring devices used in the retail or wholesale sale of liquefied petroleum gas, and shall condemn all such devices which are found (a) to be inaccurate and (b) do not clearly indicate the quantity of liquefie…
Neb. Rev. Stat. § 57-511 Sale; invoices; information required.
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An invoice shall be submitted to the purchaser showing the quantity of liquefied petroleum gas sold, expressed in pounds, or gallons, or cubic feet, or other unit approved by the Department of Agriculture. When vapor meters reading in approved units other than cubic feet are used…
Neb. Rev. Stat. § 57-512 Sale of gas; rules and regulations; tolerances.
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The Department of Agriculture is authorized to promulgate and adopt such rules and regulations and establish tolerances within a maximum of two percent, plus or minus, which may be necessary for the enforcement of sections 57-508 to 57-516.
Neb. Rev. Stat. § 57-513 Refilling of package or container; credit for unused liquid.
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When liquefied petroleum gas is sold by the package or container, either by a refilling of a container or an exchange of containers, the vendor shall give the purchaser full credit for the unused liquid remaining in a container being exchanged or refilled.
Neb. Rev. Stat. § 57-514 Vehicle tank; equipment.
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Each vehicle tank, used in the retail or wholesale sale of liquefied petroleum gas, shall be equipped with a meter for measurement of liquefied petroleum gas in terms of gallons, and shall not be equipped with a bypass around the meter; Provided, that the prohibition of a bypass …
Neb. Rev. Stat. § 57-515 Sale; correction for temperature; sale tickets; contents.
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Liquefied petroleum gas sold or delivered to a consumer and measured by the gallon as liquid shall be corrected for temperature in accordance with the volume correction factor table for liquefied petroleum gases, being schedule A of this section. All retail or wholesale sale tick…
Neb. Rev. Stat. § 57-516 Unlawful sale; violation; penalties.
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Any person who violates any of the provisions of sections 57-508 to 57-516 shall be guilty of a Class IV misdemeanor.
Neb. Rev. Stat. § 57-517 Liquefied petroleum gas vapor service system; container warning label; affixed by provider; limitation on liability.
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(1) The Legislature finds it is necessary that a leak check be performed following an interruption of service of a liquefied petroleum gas vapor service system to ensure safe and proper operation. Further, the Legislature finds that a leak check must be performed by a qualified s…
Neb. Rev. Stat. § 57-601 Terms, defined.
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As used in sections 57-601 to 57-607, unless the context otherwise requires: (1) Eminent domain statutes shall mean sections 76-701 to 76-724; (2) Underground reservoir shall mean any subsurface sand, stratum, or formation suitable for the injection and storage of natural gas or …
Neb. Rev. Stat. § 57-602 Public policy.
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Underground storage of natural gas or liquefied petroleum gas or both is found and declared to be in the public interest if it promotes the conservation of natural gas and permits the accumulation of natural gas reserves or liquefied petroleum gas reserves or both in an undergrou…
Neb. Rev. Stat. § 57-603 Eminent domain; rights of condemner.
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Whenever any condemner shall require the right to underground storage in any of the lands within this state, such condemner may file an action to condemn and acquire such underground storage in and under the lands sought to be condemned, including the amount of commercially recov…
Neb. Rev. Stat. § 57-604 Acquisition of property; petition of condemner; requirements.
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The condemner shall set forth in the petition filed in the action to condemn and acquire the right to underground storage, referred to in section 57-603, whether any public owner has any interest which would be affected by underground storage in any of the lands in which such rig…
Neb. Rev. Stat. § 57-605 Acquisition of property; conditions precedent; hearing; order; appeal.
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Any condemner desiring to exercise the right of eminent domain as to any property for use for underground storage of natural gas or liquefied petroleum gas or both shall, as a condition precedent to the filing of its petition, obtain from the Nebraska Oil and Gas Conservation Com…
Neb. Rev. Stat. § 57-606 Acquisition of property; without prejudice to drilling rights; protection of underground reservoir against pollution or escape of gas; payment by public utility owning right to storage; limitation on rights of condemnee.
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Any right of underground storage obtained hereunder, except in an underground storage reservoir which is a mined cavern constructed by mining operations, shall be without prejudice to the rights of any condemnee to explore for, drill for, produce, process, treat, or market any oi…
Neb. Rev. Stat. § 57-607 Acquisition of property; eminent domain; procedure; payment of severance tax.
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Except as otherwise provided in sections 57-603 to 57-606, all proceedings in connection with the condemnation and acquisition of such underground storage and such other rights or interests as may be necessary and proper to the full enjoyment of such right shall be in accordance …
Neb. Rev. Stat. § 57-608 Reduction of gas to possession; property of condemner; exception.
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All natural gas or liquefied petroleum gas which has previously been reduced to possession, and which is subsequently injected into an underground storage reservoir, shall at all times be deemed the property of the condemner, his heirs, successors or assigns; and in no event shal…
Neb. Rev. Stat. § 57-609 Abandonment by condemner of underground reservoir; reversion of property to landowner.
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When the condemner shall have permanently abandoned the entire underground storage reservoir for storing natural gas or liquefied petroleum gas, title to that sand, formation, or stratum which had been appropriated under the terms of sections 57-601 to 57-609 shall revert to the …
Neb. Rev. Stat. § 57-701 Terms, defined.
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As used in Chapter 57, article 7, unless the context otherwise requires: (1) Base production level shall mean a property's production for the preceding twelve months divided by the number of producing well production days. Enhanced recovery injection wells may be counted as produ…
Neb. Rev. Stat. § 57-702 Tax; levy; persons liable; due and payable; lien.
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(1) Commencing on January 1, 1956, and for each subsequent year, taxes are hereby levied on oil and natural gas severed from the soil of this state, except such oil or gas as is used only in severing operations or for repressuring or recycling purposes. Such taxes shall: (a) Be p…
Neb. Rev. Stat. § 57-703 Tax; levy on resources severed; rate.
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The taxes levied by section 57-702 shall be levied upon the value of the resources severed, and shall be paid at the rate of three percent of the value of nonstripper oil and natural gas, except that oil produced from properties producing stripper oil shall be subject to a two pe…
Neb. Rev. Stat. § 57-704 Taxes; payment; time; statement; filing; form; contents.
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All taxes levied, as provided by sections 57-701 to 57-714, shall be due and payable in monthly installments on or before the last day of the month next succeeding the month in which the resources were severed. If the final filing date falls on a Saturday, Sunday, or legal holida…
Neb. Rev. Stat. § 57-705 Tax; remittance; Severance Tax Fund; Severance Tax Administration Fund; created; use.
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(1) All severance taxes levied by Chapter 57, article 7, shall be paid to the Tax Commissioner. He or she shall remit all such money received to the State Treasurer. All such money received by the State Treasurer shall be credited to a fund to be known as the Severance Tax Fund. …
Neb. Rev. Stat. § 57-706 Tax; security; notice; use.
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The Tax Commissioner, whenever he or she deems it necessary to insure compliance with the provisions of sections 57-701 to 57-719, may require any person subject to the tax to deposit with the Tax Commissioner suitable indemnity bond to insure payment of the taxes, levied under t…
Neb. Rev. Stat. § 57-707 Reports; payment of tax.
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Except as otherwise provided in sections 57-701 to 57-714, the reports required under the provisions of sections 57-701 to 57-714 shall be made and the taxes paid by the person required to make payments pursuant to section 57-702.
Neb. Rev. Stat. § 57-708 Tax; deductions permitted.
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The person, remitting to the Tax Commissioner the taxes levied by the provisions of sections 57-701 to 57-714, shall deduct, from the amount due the persons owning an interest in the oil or gas or in the proceeds thereof at the time of severance, the proportionate amount of such …
Neb. Rev. Stat. § 57-709 Tax; delinquent; action.
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The Tax Commissioner may bring an action against any person engaged in the severing of the oil or natural gas, or when such resources are sold in the state, against the first purchaser of the oil or natural gas, for the collection of taxes which are due and delinquent under the p…
Neb. Rev. Stat. § 57-710 Tax; when delinquent; interest; penalty.
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The tax provided by sections 57-701 to 57-714 shall become delinquent after the last day of each month as provided in section 57-704. Any such tax not paid within the time specified shall bear interest at the rate specified in section 45-104.02, as such rate may from time to time…
Neb. Rev. Stat. § 57-712 Tax Commissioner; supervise tax collections.
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It is hereby made the duty of the Tax Commissioner to supervise and enforce collections of all taxes that may be due under the provisions of sections 57-701 to 57-714.
Neb. Rev. Stat. § 57-714 Tax; delinquent; restrain severing resource; Attorney General; county attorney.
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The Attorney General or the county attorney of the county wherein the natural resources are located may file a petition in the district court of such county, and upon such filing, such district court shall have the power to restrain by injunction any person from continuing to sev…
Neb. Rev. Stat. § 57-716 Producer; file certificate; contents.
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The producer or a person designated by the producer shall, for each oil or natural gas producing property, file a certificate with the crude oil or natural gas purchaser and the Tax Commissioner which identifies the name and location of the oil or natural gas producing property, …
Neb. Rev. Stat. § 57-717 Severance tax collection; Tax Commissioner; powers and duties; penalty.
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(1) The Tax Commissioner shall establish procedures to insure that all severance taxes which are due are paid in full and in a timely manner and shall undertake to insure that all oil and natural gas producing property classifications are current and correct. (2) If the Tax Commi…
Neb. Rev. Stat. § 57-718 Tax Commissioner; enforcement; powers and duties; records; requirements.
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(1) The Tax Commissioner shall enforce Chapter 57, article 7, and may prescribe, adopt, and enforce rules and regulations relating to the administration and enforcement of such article. The Tax Commissioner may prescribe the extent to which any ruling or regulation shall be appli…
Neb. Rev. Stat. § 57-719 Violations; penalties.
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(1) Any person who willfully aids or assists in, or procures, counsels, or advises, the preparation or presentation of a false or fraudulent return, affidavit, claim, or document under or in connection with any matter arising under Chapter 57, article 7, shall, whether or not suc…
Neb. Rev. Stat. § 57-801 Terms, defined.
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As used in sections 57-801 to 57-820, unless the context otherwise requires: (1) Person shall mean an individual, corporation, firm, partnership, limited liability company, or association; (2) Owner shall mean a person or persons holding any interest, legal or equitable, in a lea…
Neb. Rev. Stat. § 57-802 Leasehold interest; oil and gas operations; labor and material; lien.
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Any person, who shall under contract with the owner of any leasehold interest held for oil or gas purposes or the owner of any pipeline perform any labor, furnish any material or services used or employed or furnished to be used or employed in the drilling or operating of any oil…
Neb. Rev. Stat. § 57-803 Lien; property covered.
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Liens created under the provisions of section 57-802 shall extend to: (1) The leasehold interest held for oil or gas purposes to which the materials or services were furnished, or for which the labor was performed, and the appurtenances thereunto belonging; (2) All materials and …