§ 3-101 Terms, defined
§ 3-102 Purpose of act
§ 3-103 Division of Aeronautics; director; appointment; qualifications; duties; oath
§ 3-104 Nebraska Aeronautics Commission; created; members, appointment; term; qualification; chairperson; quorum; meetings; expenses; duties
§ 3-105 Division; seal; rules and regulations; adopt
§ 3-106 Division; aircraft; purchase; use; report; contents
§ 3-107 Division; general supervision; Highway Cash Fund; use for administration of the division; projects; state funds; expenditure; recovery
§ 3-108 Division; cooperate with federal government, political subdivisions, and others engaged in aeronautics; hearings; reports; contents
§ 3-109 Division; powers; rules and regulations; applicability to federal government
§ 3-110 Rules and regulations; conform to federal regulation
§ 3-111 Rules and regulations; where kept
§ 3-112 Division; airways system
§ 3-113 Division; engineering and technical services; availability
§ 3-114 Division; represent state in aeronautical matters
§ 3-115 Actions by or against division; intervention
§ 3-116 Enforcement; intergovernmental cooperation
§ 3-117 Director; investigations; hearings; oaths; certify official acts; subpoenas; compel attendance of witnesses; violation; penalty
§ 3-118 Division; reports of investigations or hearings; evidence; how used
§ 3-119 Division; assist in acquisition, development, operation, or maintenance of airports
§ 3-120 Division; contracts; authorized
§ 3-121 Division; airway and airport; exclusive right prohibited
§ 3-123 Division; cooperate with federal government; comply with federal laws
§ 3-124 Division; acceptance of gifts of money, authorized; terms and conditions
§ 3-125 Division; contracts; laws governing
§ 3-126 Aeronautics Cash Fund; created; use; investment
§ 3-127 Director; duties
§ 3-128 Division; regulation of airports
§ 3-129 Aircraft; license, certificate, or permit required
§ 3-130 License, certificate, or permit; exceptions
§ 3-131 License, certificate, permit, or registration; duty to carry, present for inspection, and exhibit
§ 3-133 Airports; license; requirement; approval of site; operation without license unlawful
§ 3-134 Air navigation facility; certificate of approval; hearing; notice; order; license
§ 3-135 Air navigation facility; certificate of approval; hearing; standards to be considered
§ 3-136 Certificate of approval; restricted landing area for personal use; exception
§ 3-137 Air navigation facility; certificate of approval; revocation, grounds
§ 3-138 Certificate of approval; federal government; exception
§ 3-139 Division; certificate of approval, permit, or license; refuse to issue; notice; set forth reasons; inspection of premises
§ 3-140 Appeal; procedure
§ 3-141 Division; air navigation facilities; acquire by purchase, gift, or condemnation; establish; improve; operate; dispose of property; exception
§ 3-142 Division; airports; easements; acquire by condemnation
§ 3-143 Division; joint activities; authorized
§ 3-144 Division; right of eminent domain; procedure
§ 3-145 Division; airport; lease; sell; supplies
§ 3-146 Division; rentals; power to determine; charges; lien; enforce
§ 3-147 Airports; acquisition of land; purpose
§ 3-148 Aircraft fuel tax; Aircraft Fuel Tax Fund; created; distribution; terms, defined
§ 3-149 Aircraft fuel tax; collection; violation; penalty
§ 3-150 Aircraft fuel tax; repayment; fuel used for air school purposes
§ 3-151 Aircraft fuel tax; repayment; presentation of claims
§ 3-152 Violations; penalty
§ 3-154 Act, how cited
§ 3-155 Real property formerly used as army airfields; disposal; conditions
§ 3-156 Aeronautics Trust Fund; created; real property; proceeds of sale; how used; investment
§ 3-157 Division; real property; lease; when; requirements
§ 3-158 Person renting aircraft; insurance information; notice
§ 3-159 Authorization to purchase new aircraft; sale of aircraft
§ 3-160 Employees of Department of Aeronautics; transfer to Division of Aeronautics; how treated
§ 3-161 Reference to Department of Aeronautics in contracts or other documents; how construed; contracts and property; how treated
§ 3-162 Actions and proceedings; how treated
§ 3-163 Provisions of law; how construed
§ 3-164 Property of Department of Aeronautics; transfer to Division of Aeronautics; appropriation and salary limit; how treated

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Terms Used In Nebraska Statutes > State Aeronautics Act

  • Acquire: when used in connection with a grant of power or property right to any person shall include the purchase, grant, gift, devise, bequest, and obtaining by eminent domain. See Nebraska Statutes 49-801
  • Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
  • Action shall: include any proceeding in any court of this state. See Nebraska Statutes 49-801
  • Administrator: means any certified employee such as superintendent, assistant superintendent, principal, assistant principal, school nurse, or other supervisory or administrative personnel who do not have as a primary duty the instruction of pupils in the public schools. See Nebraska Statutes 79-101
  • Admission: means the right or privilege to have access to a place or location where amusement, entertainment, or recreation is provided to an audience, spectators, or the participants in the activity. See Nebraska Statutes 77-2701.55
  • Admission does not: include the lease or rental of a location, facility, or part of a location or facility if the lessor cedes the right to determine who is granted access to the location or facility to the lessee for the period of the lease or rental. See Nebraska Statutes 77-2701.55
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Agency: shall mean (1) any department, agency, or instrumentality of (a) the State of Nebraska, (b) any political subdivision of the State of Nebraska, (c) any combination of states which includes the State of Nebraska, (d) any combination of political subdivisions, either of the State of Nebraska alone or of the State of Nebraska and any other state or states acting in combination, and (2) any person who has the authority to acquire property by eminent domain under state law. See Nebraska Statutes 76-1217
  • Agent: means a person appointed by a seller to represent the seller before the member states. See Nebraska Statutes 77-2701.05
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Annexed to real estate: means attaching property to real estate so that (1) the property becomes real estate or (2) the installation or removal of the property requires specialized skills or tools and is performed or supervised by a recognized trade professional as determined by the Department of Revenue by rule and regulation. See Nebraska Statutes 77-2701.06
  • Annual average amortized loan balance: means the total of the ending monthly values in the tax year divided by the number of months in the tax year. See Nebraska Statutes 77-2734.04
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicable percentage: means zero percent for the first two credit allowance dates, seven percent for the third credit allowance date, and eight percent for the next four credit allowance dates. See Nebraska Statutes 77-1103
  • Application service: means computer-based services provided to customers over a network for a fee without selling, renting, leasing, licensing, or otherwise transferring computer software. See Nebraska Statutes 77-2734.04
  • Appraisal: A determination of property value.
  • Appraisal: means (1) as a noun, an opinion of value or the act or process of developing an opinion of value or (2) as an adjective, pertaining to appraising and related functions such as real property appraisal practice. See Nebraska Statutes 76-2204
  • Appraisal Foundation: means The Appraisal Foundation that was incorporated as an Illinois not-for-profit corporation on November 30, 1987. See Nebraska Statutes 76-2205
  • Appraisal review: means (1) as a noun, the act or process of developing an opinion about the quality of a real property appraiser's work that was performed as part of real property appraisal practice or (2) as an adjective, of or pertaining to an opinion about the quality of another real property appraiser's work that was performed as part of real property appraisal practice. See Nebraska Statutes 76-2205.02
  • Appraiser Qualifications Board: means the Appraiser Qualifications Board of the Appraisal Foundation. See Nebraska Statutes 76-2205.03
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Approved project: means any project that is certified by a municipality under the Nebraska Advantage Transformational Tourism and Redevelopment Act. See Nebraska Statutes 77-1006
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assessment: means the act of listing the description of all real property and taxable tangible personal property, determining its taxability, determining its taxable value, and placing it on the assessment roll. See Nebraska Statutes 77-126
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Assignment: means a valuation service that is performed by a real property appraiser as a consequence of an agreement with a client. See Nebraska Statutes 76-2207.01
  • Assignment results: means the opinions or conclusions, not limited to value, developed by a real property appraiser when performing valuation services specific to real property appraisal practice. See Nebraska Statutes 76-2207.17
  • Associate: means a partner, a subsidiary, an affiliate, an agent, or any other person working in association with a foreclosure consultant or an equity purchaser. See Nebraska Statutes 76-2704
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Bar test survey: means a leakage survey completed with a nonconductive piece of equipment made by manually driving small holes in the ground at regular intervals along the route of an underground gas pipe for the purpose of extracting a sample of the ground atmosphere and testing the atmosphere in the holes with a combustible gas detector or other suitable device. See Nebraska Statutes 76-2303.01
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Billing address: means the location indicated in the books and records of the taxpayer as the address of record where the bill relating to the customer's account is mailed. See Nebraska Statutes 77-2734.04
  • Board: means the Real Property Appraiser Board. See Nebraska Statutes 76-2207.18
  • Building materials: means any property that will be annexed to real estate or to an improvement on real estate. See Nebraska Statutes 77-2701.44
  • Bundled transaction: means the retail sale of two or more products, except real property and services to real property, when (a) the products are otherwise distinct and identifiable and (b) the products are sold for one non-itemized price. See Nebraska Statutes 77-2701.48
  • Bundled transaction does not: include the retail sale of exempt tangible personal property and taxable tangible personal property if (a) the transaction includes food and food ingredients, drugs, durable medical equipment, mobility enhancing equipment, over-the-counter drugs, prosthetic devices, or medical supplies and (b) the seller's purchase price or sales price of the taxable tangible personal property is fifty percent or less of the total purchase price or sales price of the bundled tangible personal property. See Nebraska Statutes 77-2701.48
  • Business: shall mean any lawful activity, except a farm operation, conducted primarily (1) for the purchase, sale, lease, or rental of personal or real property or for the manufacture, processing, or marketing of products, commodities, or any other personal property, (2) for the sale of services to the public, (3) by a nonprofit organization, or (4) solely for the purposes of sections Nebraska Statutes 76-1219
  • Business: shall mean a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, two or more persons having a joint or common interest, or any other legal or commercial entity which is a landlord, owner, manager, or deemed to be an agent pursuant to section Nebraska Statutes 76-1458
  • Business: means any activity engaged in by any person or caused to be engaged in by him or her with the object of gain, benefit, or advantage, either direct or indirect. See Nebraska Statutes 77-2701.07
  • Business day: shall mean any day other than a Saturday, Sunday, or state or nationally observed legal holiday. See Nebraska Statutes 76-2304
  • Buyer: includes a buyer, licensee, user, or person providing consideration for the use of an item or service. See Nebraska Statutes 77-2734.04
  • Buyer-based exemption: means an exemption based on who purchases the product. See Nebraska Statutes 77-2701.56
  • Capital stock: means common or preferred stock, either voting or nonvoting. See Nebraska Statutes 77-2715.08
  • Center: means a call center which shall have as its principal purpose the statewide receipt and dissemination to participating operators of information on a fair and uniform basis concerning intended excavations by excavators in areas where operators have underground facilities. See Nebraska Statutes 76-2305
  • Certified automated system: means software certified under the streamlined sales and use tax agreement to calculate the tax imposed by each jurisdiction on a transaction, determine the amount of tax to remit to the appropriate member state, and maintain a record of the transaction. See Nebraska Statutes 77-2701.08
  • Certified general real property appraiser: means a person who holds a valid credential as a certified general real property appraiser issued under the Real Property Appraiser Act. See Nebraska Statutes 76-2207.19
  • Certified real property appraiser: means a person who holds a valid credential as a certified general real property appraiser or a valid credential as a certified residential real property appraiser issued under the Real Property Appraiser Act. See Nebraska Statutes 76-2207.20
  • Certified residential real property appraiser: means a person who holds a valid credential as a certified residential real property appraiser issued under the Real Property Appraiser Act. See Nebraska Statutes 76-2207.21
  • Certified service provider: means an agent certified under the streamlined sales and use tax agreement to perform all of the seller's sales tax collection functions, other than to remit tax on its own retail purchases. See Nebraska Statutes 77-2701.09
  • Chambers: A judge's office.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Clerical error: means transposition of numbers, mathematical error, computer malfunction causing programming and printing errors, data entry error, items of real property other than land identified on the wrong parcel, incorrect ownership, or certification of an incorrect valuation to political subdivisions. See Nebraska Statutes 77-128
  • Client: means the person or persons who engage a real property appraiser by employment or contract in a specific assignment whether directly or through an agent. See Nebraska Statutes 76-2207.22
  • Commercial domicile: means the principal place from which the trade or business of the taxpayer is directed or managed. See Nebraska Statutes 77-2734.04
  • Committee: means the Underground Excavation Safety Committee. See Nebraska Statutes 76-2305.01
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Communications company: means any entity that:

    (a) Is:

    (i) A telecommunications company as defined in section Nebraska Statutes 77-2734.04

  • Community eligibility provision: means the alternative to household applications for free and reduced-price meals in high-poverty schools enacted in section 104(a) of the federal Healthy, Hunger-Free Kids Act of 2010, section 11(a)(1) of the Richard B. See Nebraska Statutes 79-101
  • Company: shall include any corporation, partnership, limited liability company, joint-stock company, joint venture, or association. See Nebraska Statutes 49-801
  • Company shall: include any corporation, partnership, limited liability company, joint-stock company, joint venture, or association. See Nebraska Statutes 49-801
  • Comparable replacement dwelling: shall mean any dwelling that is (1) decent, safe, and sanitary, (2) adequate in size to accommodate the occupants, (3) within the financial means of the displaced person, (4) functionally equivalent to the dwelling that the displaced person is required to leave, (5) in an area not subject to unreasonable adverse environmental conditions, and (6) in a location not less desirable than the location of the displaced person's dwelling with respect to public utilities, facilities, services, and the displaced person's place of employment. See Nebraska Statutes 76-1220
  • Compensation: means wages, salaries, commissions, and any other form of remuneration paid to employees for personal services. See Nebraska Statutes 77-2734.04
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Completed application: means an application for credentialing has been processed, all statutory requirements for a credential to be issued have been met by the applicant, and all required documentation is submitted to the board for final consideration. See Nebraska Statutes 76-2207.23
  • Complex residential real property: means residential property in which the property to be appraised, the form of ownership, or the market conditions are complicated or atypical. See Nebraska Statutes 76-2207.24
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contractor or repairperson: means any person who performs any repair services upon property annexed to, or who annexes building materials to, real estate, including leased property, and who, as a necessary and incidental part of performing such services, annexes building materials to the real estate being so repaired or annexed or arranges for such annexation. See Nebraska Statutes 77-2701.10
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporate taxpayer: means any corporation that is not a part of a unitary business or the part of a unitary business, whether it is one or more corporations, that is doing business in this state. See Nebraska Statutes 77-2734.04
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Corporation: means all corporations and all other entities that are taxed as corporations under the Internal Revenue Code. See Nebraska Statutes 77-2734.04
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • County assessor: includes an elected or appointed county assessor or a county clerk who is an ex officio county assessor. See Nebraska Statutes 77-115
  • Credential: means a registration, license, or certificate. See Nebraska Statutes 76-2207.25
  • Credential holder: means (1) any person who holds a valid credential as a trainee real property appraiser, licensed real property appraiser, certified residential real property appraiser, or certified general real property appraiser and (2) any person who holds a temporary credential to engage in real property appraisal practice within this state. See Nebraska Statutes 76-2207.26
  • Credit card: means a credit card, debit card, purchase card, charge card, and travel or entertainment card. See Nebraska Statutes 77-2734.04
  • Cultural development: means a real estate development with a primary purpose of promoting cultural education or development, such as a museum or related visual arts centers, performing arts facility, or facilities housing, incubating, developing, or promoting art, music, theater, dance, zoology, botany, natural history, cultural history, or the sciences. See Nebraska Statutes 77-1007
  • Damage: shall mean any impact with, partial or complete severance, destruction, impairment, or penetration of, or removal or weakening of support from an underground facility, including its protective coating, housing, or other protective device. See Nebraska Statutes 76-2306
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Data center: means computers, supporting equipment, and other organized assembly of hardware or software that are designed to centralize the storage, management, or dissemination of data and information, environmentally controlled structures or facilities or interrelated structures or facilities that provide the infrastructure for housing the equipment, such as raised flooring, electricity supply, communication and data lines, Internet access, cooling, security, and fire suppression, and any building housing the foregoing. See Nebraska Statutes 77-2701.54
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Destination dining: means a real estate development primarily selling and serving prepared food and beverage to the public in a setting with sit-down dining. See Nebraska Statutes 77-1008
  • Devise: To gift property by will.
  • Digital audio works: means works that result from the fixation of a series of musical, spoken, or other sounds, including ringtones. See Nebraska Statutes 77-2701.50
  • Digital audiovisual works: means a series of related images which, when shown in succession, impart an impression of motion, together with accompanying sounds, if any. See Nebraska Statutes 77-2701.51
  • Digital books: means works that are generally recognized in the ordinary and usual sense as books. See Nebraska Statutes 77-2701.52
  • Digital code: means a code which provides a purchaser with a right to obtain one or more products delivered electronically. See Nebraska Statutes 77-2701.53
  • Direct mail: means printed material delivered or distributed by United States mail or other delivery service to a mass audience or to addressees on a mailing list provided by the purchaser or at the direction of the purchaser when the cost of the items are not billed directly to the recipients. See Nebraska Statutes 77-2701.12
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Displacing agency: shall mean (1) any agency carrying out a publicly financed project which causes an individual to become a displaced person and (2) any person lacking the power of eminent domain who carries out a publicly financed project when that project causes an individual to be a displaced person. See Nebraska Statutes 76-1222
  • Doing business in this state: means the exercise of the corporation's franchise in this state or the conduct of operations in this state that exceed the limitations provided in Nebraska Statutes 77-2734.04
  • Domestic: when applied to corporations shall mean all those created by authority of this state. See Nebraska Statutes 49-801
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Dwelling unit: shall mean a mobile home or the part of a mobile home that is used as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household but shall not include any real property used to accommodate a mobile home. See Nebraska Statutes 76-1459
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Elementary grades: means grades kindergarten through eight, inclusive. See Nebraska Statutes 79-101
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Emergency condition: shall mean any condition which constitutes a clear and present danger to life, health, or property or which demands immediate action to prevent or repair a major service outage. See Nebraska Statutes 76-2307
  • Engaged in business in this state: means conducting operations in this state that exceed the limitations of the commerce clause and due process clause of the . See Nebraska Statutes 77-2701.13
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Entitlement period: means the year during which the required increases in employment and investment were met or exceeded and each year thereafter until the end of the ninth year following the year of application. See Nebraska Statutes 77-1010
  • Entity-based exemption: means an exemption based on who purchases the product or who sells the product. See Nebraska Statutes 77-2701.14
  • Environmental covenant: means a servitude that imposes activity and use limitations on real property and meets the requirements of section Nebraska Statutes 76-3104
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Equity purchase contract: means an agreement between an equity purchaser and a homeowner pertaining to the acquisition of title to the homeowner's personal residence. See Nebraska Statutes 76-2705
  • Equity purchaser: means a person who, in the course of the person's business, vocation, or occupation, acquires title to a residence in foreclosure. See Nebraska Statutes 76-2706
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evaluation assignment: means an assignment that relates to the nature, quality, or utility of identified real estate or identified real property and typically does not include an opinion of value. See Nebraska Statutes 76-2207.28
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Evidence of debt: means a writing that evidences a promise to pay or a right to the payment of a monetary obligation such as a promissory note. See Nebraska Statutes 76-2707
  • Ex officio: Literally, by virtue of one's office.
  • Excavation: shall mean any activity in which earth, rock, or other material in or on the ground is moved or otherwise displaced by means of tools, equipment, or explosives and shall include grading, trenching, digging, ditching, drilling, augering, tunneling, scraping, and cable or pipe plowing or driving but shall not include (1) normal maintenance of roads if the maintenance does not change the original road grade and does not involve the road ditch, (2) tilling of soil and gardening for seeding and other agricultural purposes, (3) digging of graves or in landfills in planned locations, (4) maintenance or rebuilding of railroad track or facilities located on a railroad right-of-way by the railroad company or its contractors when such maintenance or rebuilding does not change the track grade, or (5) hand digging around the base of a pole for pole inspection as part of routine maintenance or replacement of a pole when the replacement pole is similarly sized and is installed in the existing hole. See Nebraska Statutes 76-2308
  • Excavator: shall mean a person who engages in excavation in this state. See Nebraska Statutes 76-2309
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Executor: A male person named in a will to carry out the decedent
  • Extraordinary dividend: means any dividend exceeding twenty percent of the fair market value of the stock on which it is paid as of the date the dividend is declared. See Nebraska Statutes 77-2715.08
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Farm operation: shall mean any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. See Nebraska Statutes 76-1223
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Federal taxable income: means the corporate taxpayer's federal taxable income as reported to the Internal Revenue Service or as subsequently changed or amended. See Nebraska Statutes 77-2734.04
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • Forbearance: A means of handling a delinquent loan. A
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Foreclosure consultant: means a person who:

    (a) Does not, directly or through an associate, take or acquire any interest in or title to the residence in foreclosure. See Nebraska Statutes 76-2708

  • Foreclosure consulting contract: means any agreement between a foreclosure consultant and a homeowner. See Nebraska Statutes 76-2709
  • Foreign: when applied to corporations shall include all those created by authority other than that of this state. See Nebraska Statutes 49-801
  • Fraud: Intentional deception resulting in injury to another.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Full-service restaurant: means any public place (1) which is kept, used, maintained, advertised, and held out to the public as a place where meals are served and where meals are actually and regularly served, (2) which has no sleeping accommodations, (3) which has adequate and sanitary kitchen and dining room equipment and capacity and a sufficient number and kind of employees to prepare, cook, and serve suitable food for its guests to consume on premise, and (4) which has wait staff and table service with an average per-table bill of at least fifteen dollars. See Nebraska Statutes 77-1011
  • Gas or hazardous liquid underground pipeline facility: shall mean any underground facility used or intended for use in the transportation of gas or the treatment of gas or used or intended for use in the transportation of hazardous liquids including petroleum or petroleum products. See Nebraska Statutes 76-2310
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Good faith: shall mean honesty in fact in the conduct of the transaction concerned. See Nebraska Statutes 76-1460
  • Governing board: means the body containing representatives from each state that is a member of the streamlined sales and use tax agreement that is responsible for approving membership or withdrawal of states to the agreement, registering retailers to collect sales and use tax from purchasers in the member states, certifying service providers and automated systems for collecting sales and use taxes, approving monetary allowances for certified service providers and certified automated systems, resolving disputes among member states or with retailers or certified service providers, and otherwise executing the provisions of the agreement for the benefit of the member states under the terms of the agreement. See Nebraska Statutes 77-2701.15
  • Governing board means the body containing representatives from each state that: is a member of the streamlined sales and use tax agreement that is responsible for approving membership or withdrawal of states to the agreement, registering retailers to collect sales and use tax from purchasers in the member states, certifying service providers and automated systems for collecting sales and use taxes, approving monetary allowances for certified service providers and certified automated systems, resolving disputes among member states or with retailers or certified service providers, and otherwise executing the provisions of the agreement for the benefit of the member states under the terms of the agreement. See Nebraska Statutes 77-2701.15
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantee: shall include every person to whom any estate or interest passes in or by any conveyance. See Nebraska Statutes 49-801
  • Grantee shall: include every person to whom any estate or interest passes in or by any conveyance. See Nebraska Statutes 49-801
  • Grantor: The person who establishes a trust and places property into it.
  • Grantor: shall include every person from or by whom any estate or interest passes in or by any conveyance. See Nebraska Statutes 49-801
  • Grantor shall: include every person from or by whom any estate or interest passes in or by any conveyance. See Nebraska Statutes 49-801
  • Gross receipts: includes the sale of admissions. See Nebraska Statutes 77-2701.16
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • High school grades: means all grades above the eighth grade. See Nebraska Statutes 79-101
  • Historical redevelopment: means a real estate development project that redevelops a historic building, as listed on either the National Register of Historic Places or the Nebraska Historic Buildings Survey. See Nebraska Statutes 77-1012
  • Holder of evidence of debt: means the person in actual possession of or otherwise entitled to enforce an evidence of debt, except that holder of evidence of debt does not include a person acting as a nominee solely for the purpose of holding the evidence of debt or deed of trust as an electronic registry without any authority to enforce the evidence of debt or deed of trust. See Nebraska Statutes 76-2710
  • Homeowner: means the owner of a residence in foreclosure, including a vendee under a contract for deed to real property as defined in section Nebraska Statutes 76-2711
  • Housing code: shall include any law, ordinance, or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use, or appearance of any mobile home park, mobile home space, or dwelling unit. See Nebraska Statutes 76-1461
  • Housing code shall: include any law, ordinance, or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use, or appearance of any mobile home park, mobile home space, or dwelling unit. See Nebraska Statutes 76-1461
  • In this state or within the state means within the exterior limits of the State of Nebraska and: includes all the territory within these limits owned by or ceded to the United States of America. See Nebraska Statutes 77-2701.17
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Instructor: means a person approved by the board that meets or exceeds the instructor requirements specified in the Real Property Appraiser Act and rules and regulations of the board and is responsible for ensuring that the education activity content is communicated to the activity's audience as presented to the board for approval and that the education activity contributes to the quality of real property valuation services provided to the public. See Nebraska Statutes 76-2207.31
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Intangible property: means all personal property which is not tangible personal property and includes, but is not limited to, patents, copyrights, trademarks, trade names, service names, franchises, licenses, royalties, processes, techniques, formulas, and technical know-how but excludes money. See Nebraska Statutes 77-2734.04
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Investment: means the value of qualified property incorporated into or used at the project. See Nebraska Statutes 77-1013
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Jurisdiction: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Nebraska Statutes 76-2207.32
  • Jurisdiction of practice: means any jurisdiction in which an appraiser devotes his or her time engaged in real property appraisal practice. See Nebraska Statutes 76-2212.03
  • Land or real estate: shall include lands, tenements, and hereditaments and all rights thereto and interest therein other than a chattel interest. See Nebraska Statutes 49-801
  • Landlord: shall mean the mobile home park owner and any agent authorized to act on the owner's behalf in matters relating to tenancy in the park and shall include the manager of a mobile home park who fails to disclose as required by sections Nebraska Statutes 76-1462
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lead agency: shall mean the Nebraska Department of Transportation. See Nebraska Statutes 76-1224
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lease: includes agreements covering motor vehicles and trailers where the amount of consideration may be increased or decreased by reference to the amount realized upon sale or disposition of the property as defined for federal income tax purposes. See Nebraska Statutes 77-2701.18
  • Lease or rental: means any transfer of possession or control of tangible personal property for a fixed or indeterminate term for consideration. See Nebraska Statutes 77-2701.18
  • Legacy: A gift of property made by will.
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Legatee: A beneficiary of a decedent
  • Letter ruling: means a written interpretation of law to a specific set of facts provided by the applicant requesting a letter ruling. See Nebraska Statutes 77-1105
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensed residential real property appraiser: means a person who holds a valid credential as a licensed residential real property appraiser issued under the Real Property Appraiser Act. See Nebraska Statutes 76-2213
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Loan: means any extension of credit resulting from direct negotiations between the taxpayer and its customer or the purchase, in whole or in part, of an extension of credit from another person. See Nebraska Statutes 77-2734.04
  • Loan secured by real property: means a loan or other obligation which, at the time the original loan or obligation was incurred or during the current taxable year, was secured by real property. See Nebraska Statutes 77-2734.04
  • Loan secured by tangible personal property: means a loan or other obligation which, at the time the original loan or obligation was incurred or during the current taxable year, was secured by tangible personal property. See Nebraska Statutes 77-2734.04
  • Loan servicing fee: includes (a) fees or charges for originating and processing loan applications, including, but not limited to, prepaid interest and loan discounts, (b) fees or charges for collecting, tracking, and accounting for loan payments received, and (c) gross receipts from the sale of loan servicing rights. See Nebraska Statutes 77-2734.04
  • Locator: means a person who identifies and marks underground facilities for an operator, including a contractor who performs such location services for an operator. See Nebraska Statutes 76-2310.01
  • Lodging: includes a lodging facility constructed as part of a development prior to the construction of retail development or a tourism attraction under the Nebraska Advantage Transformational Tourism and Redevelopment Act. See Nebraska Statutes 77-1014
  • Long-term debt security: means any debt instrument issued by a qualified community development entity, at par value or a premium, with an original maturity date of at least seven years after the date of its issuance, with no acceleration of repayment, amortization, or prepayment features prior to its original maturity date. See Nebraska Statutes 77-1106
  • Maintenance agreement: means any contract or agreement to provide or pay for the maintenance, repair, or refurbishing of an item, the sale of which is subject to tax under section Nebraska Statutes 77-2701.19
  • Maintenance agreement does not: include any contract or agreement subject to the premium tax under Nebraska Statutes 77-2701.19
  • Manufacturing: means an action or series of actions performed upon tangible personal property, either by hand or machine, which results in that tangible personal property being reduced or transformed into a different state, quality, form, property, or thing. See Nebraska Statutes 77-2701.46
  • Manufacturing machinery and equipment: means any machinery or equipment purchased, leased, or rented by a person engaged in the business of manufacturing for use in manufacturing, including, but not limited to:

    (a) Machinery or equipment for use in manufacturing to produce, fabricate, assemble, process, finish, refine, or package tangible personal property. See Nebraska Statutes 77-2701.47

  • Member states: means any and all states that have been approved initially or later admitted by the governing board for participation in the streamlined sales and use tax agreement. See Nebraska Statutes 77-2701.20
  • Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
  • Mixed-use project: means a facility containing a minimum of fifty thousand square feet. See Nebraska Statutes 77-1015
  • Mobile home: shall mean a movable or portable dwelling constructed to be towed on its own chassis, connected to utilities, and designed with or without a permanent foundation for year-round living. See Nebraska Statutes 76-1463
  • Mobile home park: shall mean a parcel or contiguous parcels of land which have been so designated and improved that the parcel or parcels contain two or more mobile home lots available to the general public for the placement thereon of mobile homes for occupancy. See Nebraska Statutes 76-1464
  • Mobile home space: shall mean a designated portion of a mobile home park designed for the accommodation of one mobile home and its accessory buildings or structures for the exclusive use of the occupants. See Nebraska Statutes 76-1465
  • Month: shall mean calendar month. See Nebraska Statutes 49-801
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • multivendor marketplace platform that acts as an intermediary by facilitating sales between a seller and the purchaser of property subject to sales or use taxes in this state: shall be deemed to be engaged in business in this state if:

    (a) The multivendor marketplace platform made or facilitated total retail sales of property in this state that exceeded one hundred thousand dollars in the previous or current calendar year. See Nebraska Statutes 77-2701.13

  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nonpermanent surface: shall mean any ground consisting of uncovered dirt or rock or ground that is covered by grass or other plant life, crushed rock, gravel, or other similar natural substance. See Nebraska Statutes 76-2311
  • Normal working hours: shall mean the hours of 7 a. See Nebraska Statutes 76-2312
  • Oath: A promise to tell the truth.
  • Oath: shall include affirmation in all cases in which an affirmation may be substituted for an oath. See Nebraska Statutes 49-801
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • One non-itemized price does not: include a price that is separately identified by product on binding sales or other supporting sales-related documentation made available to the customer in paper or electronic form, including, but not limited to, an invoice, bill of sale, receipt, contract, service agreement, lease agreement, periodic notice of rates and services, rate card, or price list. See Nebraska Statutes 77-2701.48
  • Operator: shall mean a person who manages or controls the functions of an underground facility but shall not include a person who is an owner or tenant of real property where underground facilities are located if the underground facilities are used exclusively to furnish services or commodities on the real property. See Nebraska Statutes 76-2313
  • Operator shall mean a person who manages or controls the functions of an underground facility but shall not: include a person who is an owner or tenant of real property where underground facilities are located if the underground facilities are used exclusively to furnish services or commodities on the real property. See Nebraska Statutes 76-2313
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: shall mean one or more persons, jointly or severally, in whom are vested (a) all or a part of the legal title to property or (b) all or part of the beneficial ownership and a right to present use and enjoyment of a mobile home park, and shall include a mortgagee in possession. See Nebraska Statutes 76-1466
  • Parcel: means a contiguous tract of land determined by its boundaries, under the same ownership, and in the same tax district and section. See Nebraska Statutes 77-132
  • PAREA program: means a practical applications of real estate appraisal program approved by the Appraiser Qualifications Board as prescribed by rules and regulations of the Real Property Appraiser Board. See Nebraska Statutes 76-2213.03
  • Participation: means an extension of credit in which an undivided ownership interest is held on a pro rata basis in a single loan or pool of loans and related collateral. See Nebraska Statutes 77-2734.04
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Payee: means the person who claims the right to receive or collect a private transfer fee payable under a private transfer fee obligation, whether or not the person has a pecuniary interest in the private transfer fee obligation. See Nebraska Statutes 76-3105
  • Peace officer: shall include sheriffs, coroners, jailers, marshals, police officers, state highway patrol officers, members of the National Guard on active service by direction of the Governor during periods of emergency, and all other persons with similar authority to make arrests. See Nebraska Statutes 49-801
  • Permanent school fund: means the fund described in section Nebraska Statutes 79-101
  • Permanent surface: shall mean any ground that is covered by a hard, artificial, weatherproof material such as concrete, asphalt, or other similar artificial substance. See Nebraska Statutes 76-2314
  • Person: shall mean any individual, partnership, limited liability company, corporation, or association. See Nebraska Statutes 76-1226
  • Person: means an individual or a firm, a partnership, a limited partnership, a limited liability company, an association, a corporation, or any other group engaged in joint business activities, however organized. See Nebraska Statutes 76-2213.02
  • Person: means an individual, partnership, limited liability company, association, municipality, state, county, political subdivision, utility, joint venture, or corporation and shall include the employer, employee, or contractor of an individual. See Nebraska Statutes 76-2315
  • Person: means any individual, firm, partnership, limited liability company, joint venture, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, trustee, syndicate, cooperative, assignee, or other group or combination acting as a unit. See Nebraska Statutes 77-2701.25
  • Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
  • Person shall: include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
  • Personal inspection: means a real property appraiser's in-person observation of identified real estate or real property without the use of special testing or special equipment performed as part of an evaluation assignment, valuation assignment, or appraisal review assignment. See Nebraska Statutes 76-2213.04
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Predecessor or successor corporation: means a corporation that was a party to a reorganization that was entirely or substantially tax free and that occurred during or after the employment of the individual making an election under section Nebraska Statutes 77-2715.08
  • Prekindergarten programs: means all early childhood programs provided for children who have not reached the age of five by the date provided in section Nebraska Statutes 79-101
  • Private transfer fee: means a fee or charge payable upon the transfer of an interest in real property, or payable for the right to make or accept such transfer, regardless of whether the fee or charge is a fixed amount or is determined as a percentage of the value of the property, the purchase price, or other consideration given for the transfer. See Nebraska Statutes 76-3106
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Process: shall mean a summons, subpoena, or notice to appear issued out of a court in the course of judicial proceedings. See Nebraska Statutes 49-801
  • Product-based exemption: means an exemption based on the description of the product that is the subject of the transaction and not based on the identity of the person purchasing or selling the product or the ultimate use of the product. See Nebraska Statutes 77-2701.26
  • Project: means the acquisition, including the acquisition of real estate by a leasehold interest with a minimum term of ten years, construction, and equipping of a tourism attraction or redevelopment project. See Nebraska Statutes 77-1017
  • Property: means all tangible and intangible property that is subject to tax under subsection (1) of section Nebraska Statutes 77-2701.27
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Publicly financed project: shall mean any project undertaken by an agency in which any part of the cost is to be paid (1) from funds derived from federal, state, or local taxes of any type, (2) by revenue or general obligation bonds issued by the agency, or (3) from funds derived by the agency from the sale of products or services in a proprietary capacity. See Nebraska Statutes 76-1227
  • Purchase: means any transfer of title or possession, exchange, barter, lease, or rental, conditional or otherwise, in any manner or by any means, of property for a consideration, including a transfer of the possession of property in which the seller retains the title as security for the payment of the price and a transfer for a consideration of property which has been produced, fabricated, or printed to the special order of the customer. See Nebraska Statutes 77-2701.28
  • Purchase: shall include taking by sale, discount, negotiation, or any other transaction for value creating an interest in property except liens. See Nebraska Statutes 77-122
  • Purchase price: means the amount paid to the issuer of a qualified equity investment for the qualified equity investment. See Nebraska Statutes 77-1107
  • Purchaser: means a person to whom a sale of personal property is made or to whom a service is furnished. See Nebraska Statutes 77-2701.30
  • Qualified active low-income community business: has the meaning given such term in section 45D of the Internal Revenue Code of 1986, as amended, and 26 C. See Nebraska Statutes 77-1108
  • qualified business: means any business engaged in:

    (a) Storage, warehousing, distribution, transportation, or sale of tangible personal property. See Nebraska Statutes 77-27,189

  • Qualified equity investment: means any equity investment in, or long-term debt security issued by, a qualified community development entity that:

    (a) Is acquired after January 1, 2012, at its original issuance solely in exchange for cash. See Nebraska Statutes 77-1110

  • Qualified property: means any tangible property of a type subject to depreciation, amortization, or other recovery under the Internal Revenue Code of 1986, as amended, or the components of such property, that will be located and used at the project. See Nebraska Statutes 77-1019
  • Qualified property does not: include (a) aircraft, barges, motor vehicles, railroad rolling stock, or watercraft or (b) property that is rented by the taxpayer qualifying under the Nebraska Advantage Transformational Tourism and Redevelopment Act to another person. See Nebraska Statutes 77-1019
  • Quorum: The number of legislators that must be present to do business.
  • Real estate: means a parcel or tract of land, including improvements, if any. See Nebraska Statutes 76-2214
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Real property: means one or more defined interests, benefits, or rights inherent in the ownership of real estate. See Nebraska Statutes 76-2214.01
  • Real property appraisal practice: means any act or process performed by a real property appraiser involved in developing and reporting an analysis, opinion, or conclusion relating to the specified interests in or aspects of identified real estate or real property or an appraisal review. See Nebraska Statutes 76-2215
  • Real property appraiser: means a person who is a credential holder. See Nebraska Statutes 76-2216
  • Recess: A temporary interruption of the legislative business.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Recreation facility: means any real estate project with a primary purpose of promoting and hosting sports or recreation activities, including sports facilities, golf courses, beaches, parks, water parks, amusement parks, and related support amenities. See Nebraska Statutes 77-1020
  • Redevelopment project: means a project proposed on a parcel or parcels previously developed with real property improvements. See Nebraska Statutes 77-1021
  • Related persons: means any corporations, partnerships, limited liability companies, or joint ventures which are or would otherwise be members of the same unitary group, if incorporated, or any persons who are considered to be related persons under either section 267(b) and (c) or section 707(b) of the Internal Revenue Code of 1986, as amended. See Nebraska Statutes 77-1022
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
  • Rent: shall mean a payment to be made to a landlord pursuant to a rental agreement. See Nebraska Statutes 76-1467
  • Rental agreement: shall mean any agreement, written or implied by law, and any rules and regulations adopted pursuant to section Nebraska Statutes 76-1468
  • Rental deposit: shall mean a deposit of money to secure performance of a mobile home space rental agreement other than a deposit which is exclusively an advance payment of rent. See Nebraska Statutes 76-1469
  • Report: means any communication, written, oral, or by electronic means, of assignment results transmitted to the client or a party authorized by the client upon completion of an assignment. See Nebraska Statutes 76-2216.02
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Residence in foreclosure: means a residence or dwelling that is occupied as the homeowner's principal place of residence and against which any type of foreclosure action, including, but not limited to, the filing of a notice of default of a deed of trust or the filing of a lawsuit to foreclose a mortgage or other lien, has been commenced. See Nebraska Statutes 76-2712
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retail sale or sale at retail: means any sale, lease, or rental for any purpose other than for resale, sublease, or subrent. See Nebraska Statutes 77-2701.31
  • Retailer: means any seller. See Nebraska Statutes 77-2701.32
  • Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Sale: means any transfer of title or possession or segregation in contemplation of transfer of title or possession, exchange, barter, lease, or rental, conditional or otherwise, in any manner or by any means, of property for a consideration or the provision of service for a consideration. See Nebraska Statutes 77-2701.33
  • Sale for resale: means a sale of property or provision of a service to any purchaser who is purchasing such property or service for the purpose of reselling it in the normal course of his or her business, either in the form or condition in which it is purchased or as an attachment to or integral part of other property or service. See Nebraska Statutes 77-2701.34
  • Sales: means all gross receipts of the taxpayer, except:

    (a) Income from discharge of indebtedness. See Nebraska Statutes 77-2734.04

  • School: means a school under the jurisdiction of a school board authorized by Nebraska Statutes 79-101
  • School board: means the governing body of any school district. See Nebraska Statutes 79-101
  • School lands: means the lands described in section Nebraska Statutes 79-101
  • School year: means (a) for elementary grades other than kindergarten, the time equivalent to at least one thousand thirty-two instructional hours and (b) for high school grades, the time equivalent to at least one thousand eighty instructional hours. See Nebraska Statutes 79-101
  • Seller: includes every person engaged in the business of selling, leasing, or renting property of a kind the gross receipts from the retail sale, lease, or rental of which are required to be included in the measure of the sales tax. See Nebraska Statutes 77-2701.36
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Signature: means personalized evidence indicating authentication of the work performed by the real property appraiser and the acceptance of the responsibility for content, analyses, conclusions, and compliance with the Uniform Standards of Professional Appraisal Practice in a report. See Nebraska Statutes 76-2217.03
  • Single economic unit: means a business in which there is a sharing or exchange of value between the parts of the unit. See Nebraska Statutes 77-2734.04
  • Single economic unit means a business in which there: is a sharing or exchange of value between the parts of the unit. See Nebraska Statutes 77-2734.04
  • State: means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, and any foreign country or political subdivision thereof. See Nebraska Statutes 77-2734.04
  • State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Storage: includes any retention in this state for any purposes except sale in the regular course of business or subsequent use solely outside this state of property purchased from a retailer, other than property which will enter into or become an ingredient or component part of property manufactured, processed, or fabricated for ultimate sale at retail. See Nebraska Statutes 77-2701.37
  • Streamlined sales and use tax agreement: means the streamlined sales and use tax agreement approved by the implementing states on November 12, 2002, including amendments ratified by the Legislature pursuant to section Nebraska Statutes 77-2701.38
  • Structured parking: means a real estate development used primarily as a covered parking facility for automobiles or related personal vehicles. See Nebraska Statutes 77-1023
  • Subject to the Internal Revenue Code: means a corporation that meets the requirements of section 243 of the Internal Revenue Code in order for its distributions to qualify for the dividends-received deduction. See Nebraska Statutes 77-2734.04
  • Sublessee: shall mean any person who rents or leases a mobile home from a tenant, but shall not include a person who rents or leases a space in a mobile home park. See Nebraska Statutes 76-1470
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Sworn: shall include affirmed in all cases in which an affirmation may be substituted for an oath. See Nebraska Statutes 49-801
  • Tangible personal property: means personal property which may be seen, weighed, measured, felt, or touched or which is in any other manner perceptible to the senses. See Nebraska Statutes 77-2701.39
  • Tax Commissioner: means the Tax Commissioner of the State of Nebraska. See Nebraska Statutes 77-2701.40
  • Tax credit: means a credit against the tax otherwise due under the Nebraska Revenue Act of 1967 or sections Nebraska Statutes 77-1112
  • Tax district: means an area within a county in which all of the taxable property is subject to property taxes at the same consolidated property tax rate. See Nebraska Statutes 77-127
  • Taxable income: means federal taxable income as adjusted and, if appropriate, as apportioned. See Nebraska Statutes 77-2734.04
  • Taxable property: shall mean any real or tangible personal property subject to tax pursuant to law and not exempt from tax. See Nebraska Statutes 77-121
  • Taxable year: means the period the corporate taxpayer used on its federal income tax return. See Nebraska Statutes 77-2734.04
  • Taxpayer: means any person subject to sales and use taxes under the Nebraska Revenue Act of 1967 and subject to withholding under section Nebraska Statutes 77-1024
  • Taxpayer: means any person subject to a tax imposed by sections Nebraska Statutes 77-2701.41
  • Taxpayer does not: include a political subdivision or an organization that is exempt from income taxes under section 501(a) of the Internal Revenue Code of 1986, as amended, or any partnership, limited liability company, cooperative, including a cooperative exempt under section 521 of the Internal Revenue Code of 1986, as amended, limited cooperative association, or joint venture in which political subdivisions or organizations described in section 501(c) or (d) of the Internal Revenue Code of 1986, as amended, hold an ownership interest of ten percent or more. See Nebraska Statutes 77-1024
  • Teach: means and includes, but is not limited to, the following responsibilities: (a) The organization and management of the classroom or the physical area in which the learning experiences of pupils take place. See Nebraska Statutes 79-101
  • Teacher: means any certified employee who is regularly employed for the instruction of pupils in the public schools. See Nebraska Statutes 79-101
  • Temporary school fund: means the fund described in section Nebraska Statutes 79-101
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • Tenant: shall mean an owner of a mobile home who leases or rents space in a mobile home park, but shall not include a person who rents or leases a mobile home. See Nebraska Statutes 76-1471
  • term: includes any qualified equity investment that does not meet the requirements of subdivision (1)(a) of this section if such investment was a qualified equity investment in the hands of a prior holder. See Nebraska Statutes 77-1110
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Ticket: means the compilation of data received by the center in the notice of excavation and the facility locations provided to the center and which is assigned a unique identifying number. See Nebraska Statutes 76-2316.01
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Tourism attraction: means a place of interest where tourists visit, typically for the inherent or exhibited cultural value, historical significance, natural or built beauty, or amusement opportunities, such as historical places, monuments, zoos, aquaria, museums, art galleries, botanical gardens, skyscrapers, parks, forests, natural recreation areas, theme parks, ethnic enclaves, historic transportation, and landmarks. See Nebraska Statutes 77-1025
  • Trainee real property appraiser: means a person who holds a valid credential as a trainee real property appraiser issued under the Real Property Appraiser Act. See Nebraska Statutes 76-2217.04
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transfer: means sale, gift, conveyance, assignment, inheritance, or other transfer of an ownership interest in real property located in this state. See Nebraska Statutes 76-3108
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • Underground facility: shall mean any item of personal property buried or placed below ground for use in connection with the storage or conveyance of water, sewage, electronic communications, telephonic communications, telegraphic communications, cable television, electric energy, oil, gas, hazardous liquids, or other substances, including pipes, trunk lines, fiber optic cables, sewers, conduits, cables, valves, lines, wires, manholes, and attachments to such personal property. See Nebraska Statutes 76-2317
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Uniform Standards of Professional Appraisal Practice: means the standards adopted and promulgated by The Appraisal Foundation as the standards existed on January 1, 2024. See Nebraska Statutes 76-2218.02
  • Unitary business: means a business that is conducted as a single economic unit by one or more corporations with common ownership and shall include all activities in different lines of business that contribute to the single economic unit. See Nebraska Statutes 77-2734.04
  • Unitary business means a business that is conducted as a single economic unit by one or more corporations with common ownership and shall: include all activities in different lines of business that contribute to the single economic unit. See Nebraska Statutes 77-2734.04
  • Unitary group: means the group of corporations that are conducting a unitary business. See Nebraska Statutes 77-2734.04
  • United States: shall include territories, outlying possessions, and the District of Columbia. See Nebraska Statutes 49-801
  • United States shall: include territories, outlying possessions, and the District of Columbia. See Nebraska Statutes 49-801
  • Use: means the exercise of any right or power over property incident to the ownership or possession of that property, except that use does not include the sale of that property in the regular course of business or the exercise of any right or power over property which will enter into or become an ingredient or component part of property manufactured, processed, or fabricated for ultimate sale at retail. See Nebraska Statutes 77-2701.42
  • Use-based exemption: means an exemption based on a specified use of the product by the purchaser. See Nebraska Statutes 77-2701.43
  • Valuation services: means services pertaining to an aspect of property value, including a service performed by real property appraisers. See Nebraska Statutes 76-2219.01
  • Venue: The geographical location in which a case is tried.
  • Violate: shall include failure to comply with. See Nebraska Statutes 49-801
  • within the financial: means of the displaced person, (4) functionally equivalent to the dwelling that the displaced person is required to leave, (5) in an area not subject to unreasonable adverse environmental conditions, and (6) in a location not less desirable than the location of the displaced person's dwelling with respect to public utilities, facilities, services, and the displaced person's place of employment. See Nebraska Statutes 76-1220
  • Workfile: means documentation necessary to support a real property appraiser's analysis, opinions, and conclusions. See Nebraska Statutes 76-2219.02
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Year: means the taxable year of the taxpayer. See Nebraska Statutes 77-1026
  • Year: shall mean calendar year. See Nebraska Statutes 49-801
  • Year of application: means the year that a completed application is filed under the Nebraska Advantage Transformational Tourism and Redevelopment Act. See Nebraska Statutes 77-1027