The COVID Project
The record
- Jurisdiction
- Nebraska
- Level
- State
- Authority
- Statute; Emergency Management Act; Laws 1973, LB 494, § 22
- Effective
- standing throughout 2020 Q2 to 2021 Q3
- End
- standing (read as 2021-09-30)
- In force
- Standing (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Emergency declarationStanding duty
- Addressees
- persons generally, including owners and persons in control of business property
- Character
- statutory duty
- Collection
- Standing duties: Nebraska DUT-NE
Operative words
Each person within this state shall conduct himself or herself and keep and manage his or her affairs and property in ways that will reasonably assist and will not unreasonably detract from the ability of the state and the public successfully to meet disasters, emergencies, or civil defense emergencies. This obligation shall include... restriction on the use of property
Penalty
None stated; the Emergency Management Act contains no general penalty section (section headings 81-829.36 to 81-829.75 reviewed; only § 81-829.73, misstatements concerning financial assistance, carries one)
What it required
Imposes on every person in Nebraska, in a declared emergency, a statutory duty to manage his or her affairs and property, including restriction on the use of property, so as to assist and not detract from meeting the emergency; the Act 'recognizes their existence under the Constitution of Nebraska and statutes of this state and the common law'.
Retrieval noteText unchanged since 1996. Subsection (1) further provides that compensation for services or property is owed only 'to the extent that obligations recognized in this subsection are exceeded,' which confirms that the restriction of property use in an emergency is an obligation, not a compensable taking.