Nebraska
Nebraska state laws, regulations, court decisions, and active legislation
Overview
Nebraska has a unique political and legal structure as the only state with a unicameral (single-chamber) legislature. The state has modernized its legal framework in recent years, adopting permitless carry in 2023 and enacting a constitutional amendment strengthening gun rights in 2024. Nebraska is one of only two states that splits its electoral votes by congressional district.
Nebraska's legal landscape is shaped by its agricultural economy, with significant legal activity in water rights, agricultural regulation, and environmental law. The state has one of the shortest security deposit return periods in the nation at 14 days.
Court Structure
Nebraska's court system includes county courts, district courts (organized into 12 judicial districts), the Court of Appeals, and the Nebraska Supreme Court. All judges are appointed by the governor from a judicial nominating commission list and face retention elections — a system adopted in 1962.
Unique Laws & Facts
- •Nebraska has the only unicameral (single-chamber) state legislature in the nation
- •The state is one of two that split electoral votes by congressional district
- •Nebraska has a 14-day security deposit return deadline — one of the shortest
- •A 2024 constitutional amendment strengthened gun rights protections
- •Nebraska's nonpartisan legislature has no formal party caucuses
Legal Landscape
Nebraska's legal landscape is defined by its unique unicameral legislature, conservative governance, agricultural economy, and evolving gun rights protections. Water rights law is critically important as the state sits atop the Ogallala Aquifer. The state has moderate-to-conservative legal policies overall.
Key Nebraska Laws (23)
Driving Under the Influence
Nebraska prohibits driving with a BAC of 0.08% or higher. First offenses are misdemeanors with 7-60 days jail and 6-month license revocation. Penalties escalate sharply for repeat offenses, with ignition interlock required for reinstatement.
Concealed Carry and Firearms Regulations
Nebraska allows permitless concealed carry for those 21+. No assault weapon bans, magazine limits, or waiting periods. A 2024 constitutional amendment strengthened gun rights. Castle Doctrine applies in the home, but there is generally a duty to retreat outside the home.
Uniform Residential Landlord and Tenant Act – Security Deposits
Nebraska limits security deposits to one month's rent with a 14-day return deadline. Full deposit recovery plus attorney's fees for non-compliance. 3-day notice for non-payment eviction. Warranty of habitability and anti-retaliation protections. 24-hour notice required for landlord entry.
Minimum Wage – Initiative 425
Nebraska's minimum wage reaches $15.00/hour by 2026 per voter initiative. Paid sick leave enacted by initiative in 2024 (40-56 hours depending on employer size). At-will and right-to-work state. Anti-discrimination covers employers with 15+ employees.
Assault in the Third Degree
Nebraska classifies assault by severity. Third-degree (basic) is a misdemeanor with up to 1 year jail. Second-degree with a dangerous weapon is a felony with up to 20 years. First-degree (serious injury) carries 1 to 50 years prison.
Assault in the Second Degree (Battery)
Nebraska charges battery-type conduct as second-degree assault — knowingly causing injury with a weapon or recklessly causing serious harm. It is a Class IIA felony with up to 20 years prison and $25,000 fine. Restitution and victim contact bans are common.
Possession of a Controlled Substance
Nebraska criminalizes drug possession without a prescription. Possessing cocaine, meth, or heroin is a Class IV felony with up to 2 years prison. Marijuana possession under 1 ounce remains a fine-only infraction. Drug court diversion is available.
Theft — Grading
Nebraska theft is graded by value: under $500 is a Class II misdemeanor; $500-$1,499 is a Class I misdemeanor; $1,500-$4,999 is a Class IV felony; $5,000+ is a Class IIA felony with up to 20 years prison. Restitution is mandatory.
Dissolution of Marriage
Nebraska grants no-fault divorce when the marriage is irretrievably broken. One year of residency is required. A 60-day waiting period applies after service. Courts handle equitable property division, support, custody, and child support.
Best Interests of the Child — Custody
Nebraska custody decisions follow the child's best interests, considering each parent's relationship with the child, child's wishes if mature enough, and any abuse history. Detailed parenting plans are required. Parenting education is mandatory.
Child Support Guidelines
Nebraska uses an income-shares formula for child support based on both parents' net income, number of children, and parenting time. The calculated amount is presumed correct. Modifications require a material change in circumstances or a 10%+ difference.
Minimum Wage
Nebraska's minimum wage rises to $13.50/hour in 2025 and $15.00/hour in 2026 (then indexed to inflation), thanks to Initiative 433. Tipped workers can be paid $2.13/hour if tips bring them to the full minimum. Applies to employers with 4+ workers.
At-Will Employment Doctrine
Nebraska is an at-will employment state. Either party can end the relationship anytime for any lawful reason. Common-law exceptions protect against terminations that violate public policy or anti-discrimination laws. Handbooks may create contracts.
Wage Payment and Collection Act
Nebraska employers must pay employees at least monthly. Final wages are due on the next regular payday or within 2 weeks, whichever is sooner. Willful nonpayment can incur liquidated damages of up to 100% of wages owed plus attorney fees.
Security Deposits
Nebraska caps security deposits at one month's rent (with an additional 25% for pets). Landlords must return deposits within 14 days of move-out with an itemized statement. Wrongfully withheld deposits expose landlords to damages and attorney fees.
Eviction Procedures
Nebraska eviction requires 7 days' notice for unpaid rent or 30 days' notice (with 14 to cure) for other violations. Landlords must use court process — self-help eviction is illegal and exposes landlords to damages plus 3 months' rent.
Nebraska Uniform Limited Liability Company Act
Nebraska LLCs form by filing a certificate of organization with the Secretary of State. Members get limited liability. Uniquely, Nebraska requires publishing a notice of organization for 3 weeks in a legal newspaper. Biennial reports are required.
Consumer Protection Act
Nebraska's Consumer Protection Act bars deceptive trade practices. Consumers can sue for actual damages, attorney fees, and possibly treble damages for willful violations. The Attorney General can seek $2,000 per violation plus restitution.
Motor Vehicle Industry Regulation Act (Lemon Law)
Nebraska's lemon law covers new vehicles for 1 year. After 4 failed repair attempts on the same defect or 40 cumulative out-of-service days, consumers can demand a replacement or full refund. Dispute resolution through the manufacturer is required first.
Intestate Succession
Nebraska intestate law: if all kids are also the spouse's, the spouse inherits everything. Otherwise, the spouse gets $100,000 plus a fraction of the rest, with the remainder going to descendants or parents. No heirs means the estate escheats to the state.
Execution of Wills
A valid Nebraska will must be written, signed by the testator (18+, of sound mind), and witnessed by 2 people. Holographic (handwritten) wills are also valid. Self-proved wills with notarized witness affidavits speed up probate.
Speed Limits
Nebraska's interstate speed limit is 75 mph. State highways are 65 mph and county roads 50 mph. Urban districts default to 25 mph. Drivers can be cited for unsafe speed below the limit. Points on your record can lead to license suspension.
Small Claims Court Jurisdiction
Nebraska small claims court handles disputes up to $3,900 (CPI-adjusted). Attorneys generally cannot represent parties. Plaintiffs are limited to 2 cases per week and 10 per year. Either party can appeal to County Court for a new trial within 30 days.
Get Nebraska law updates
Free weekly digest of new Nebraska statutes, court rulings, and regulatory changes.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.