Chapter 57 — MINERALS, OIL, AND GAS
229 sections in this chapter.
Neb. Rev. Stat. § 57-219 Oil and gas leases; annual delay rentals; royalties.
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Oil and gas leases, issued pursuant hereto, shall be for terms not to exceed ten years and as long thereafter as oil or gas is produced in paying quantities. Such leases shall provide for annual delay rentals of not less than twenty-five cents per acre and for a royalty of not le…
Neb. Rev. Stat. § 57-220 Oil and gas leases; sale at public auction; notice.
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No such lease shall be sold except at public auction and after notice of the time and place of such sale, by publication two consecutive weeks in a legal newspaper published in the county where the land to be leased is situated and such other notice, if any, as the governing boar…
Neb. Rev. Stat. § 57-221 Oil and gas leases; pooling of acreage authorized; allocation of production.
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Such governing boards are respectively authorized in their discretion to enter into appropriate agreements for the purpose of unit or cooperative exploration, development, and operation of acreage, or any part of the acreage, covered by leases granted pursuant hereto with other a…
Neb. Rev. Stat. § 57-222 Oil and gas leases; life tenant; trustee for remaindermen; appointment.
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In any case where, by will, deed, or other instrument, title to real estate is in a tenant for life or other person having the right to the use thereof and income therefrom, with the remainder interest left to one or more contingent remaindermen, so that it is impossible to deter…
Neb. Rev. Stat. § 57-223 Oil and gas leases; trustee for remaindermen; execute when authorized by court; procedure.
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The trustee shall have the power and authority, subject to approval of the county court of the county where the land is located, to make valid oil and gas leases, pooling or unitization contracts, and other mining leases, upon the lands, for a term not to exceed ten years, and as…
Neb. Rev. Stat. § 57-224 Oil and gas leases; trustee for remaindermen; invest income from royalties.
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Under proper court order, the trustee shall be authorized to invest income from royalties in like manner as funds of guardianships may be invested, which investments shall remain intact until the ultimate taker is determined and shall then be paid over to such ultimate taker and …
Repealed. Laws 1959, c. 262, § 22.
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[Repealed or reserved.]
Repealed. Laws 1959, c. 262, § 22.
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[Repealed or reserved.]
Neb. Rev. Stat. § 57-227 Mineral and royalty interests; separate interests; effect of foreclosure of lien for taxes.
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No estate or interest in land or minerals, including royalty interest, shall be subject to foreclosure or otherwise affected by virtue of any lien for taxes against any other estate or interest in such land or minerals owned by another person, firm, or corporation.
Neb. Rev. Stat. § 57-228 Mineral interest; severed; termination; suit in equity; defendants.
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Any owner or owners of the surface of real estate from which a mineral interest has been severed, on behalf of himself and any other owners of such interest in the surface, may sue in equity in the county where such real estate, or some part thereof, is located, praying for the t…
Neb. Rev. Stat. § 57-229 Mineral interests; severed; abandonment; extension; procedure.
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A severed mineral interest shall be abandoned unless the record owner of such mineral interest has within the twenty-three years immediately prior to the filing of the action provided for in sections 57-228 to 57-231, exercised publicly the right of ownership by (1) acquiring, se…
Neb. Rev. Stat. § 57-230 Mineral interests; severed; abandoned; judgment.
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If the court shall find that the severed mineral interest has been abandoned, it shall enter judgment terminating and extinguishing it, canceling it of record, and vesting the title thereto in the owner or owners of the interest in the surface from which it was originally severed…
Neb. Rev. Stat. § 57-231 Mineral interests; severed; limitation of action.
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In any action filed within two years after October 23, 1967, the owner of a severed mineral interest may enter his appearance and assert his interest therein, and he shall be deemed thereby to have timely and publicly exercised his right of ownership.
Repealed. Laws 1971, LB 636, § 2.
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[Repealed or reserved.]
Repealed. Laws 1971, LB 636, § 2.
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[Repealed or reserved.]
Neb. Rev. Stat. § 57-234 Fractional interests in oil, gas, or hydrocarbon units or fields; taxation; violations; penalty.
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(1) When oil, gas, or other hydrocarbon wells or fields belonging to multiple owners are operated as a unit, the owner of each fractional interest in such unit shall be liable for the same proportion of the tax levied against the real property of the unit that his or her fraction…
Neb. Rev. Stat. § 57-235 Terms, defined.
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For purposes of sections 57-235 to 57-239, unless the context otherwise requires: (1) Mineral interests shall mean mines, minerals, quarries, mineral springs and wells, oil and gas wells, and overriding royalty interests and production payments with respect to oil or gas leases; …
Neb. Rev. Stat. § 57-236 Mineral interests; severed; placed on tax list; application; contents.
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Any owner of the surface estate from which a mineral interest has been severed or the owner of the mineral interest which has been severed may file an application with the county assessor of the county where such surface estate is located to place such severed mineral interest on…
Neb. Rev. Stat. § 57-237 Mineral interest; separate listing; application; when.
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All applications requesting separate listing of a mineral interest and surface estate must be filed with the county assessor on or before January 1 of the year in which they are to be separately listed and assessed.
Neb. Rev. Stat. § 57-238 Mineral interest; separate listing; appeal.
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Appeals from actions of the county assessor pursuant to sections 57-235 to 57-239 may be taken to the county board of equalization in the manner provided in Chapter 77, article 15.
Neb. Rev. Stat. § 57-239 Tax Commissioner; rules and regulations; prescribe forms.
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The Tax Commissioner shall adopt and promulgate rules and regulations necessary for the implementation of sections 57-235 to 57-239. The Tax Commissioner shall also prescribe necessary forms for the implementation of sections 57-235 to 57-239.
Neb. Rev. Stat. § 57-301 Terms, defined.
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As used in sections 57-301 to 57-304, unless the context otherwise requires: (1) The term person includes one or more individuals, partnerships, limited liability companies, associations, corporations, legal representatives, trustees, and receivers in bankruptcy and reorganizatio…
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…