The Legislature finds that:
(1) Healthy soils are a limited natural resource and fundamental for healthy and sustainable food production. Improving soil health means increasing soil's organic matter and diversifying its microbial activity to enhance agricultural productivity and environmental resilience. A commitment to healthy and productive soils and clean water is critical as world population and food production demands rise;
(2) Nebraska is a powerhouse agricultural state because of its productive soils and abundant water. However, through the years there has been a depletion of organic matter and trace minerals, making the soil less fertile than it was;
(3) There is a significant opportunity for Nebraska farmers and ranchers to capitalize on the economic and production benefits of improved soil health, while simultaneously improving surface and ground water quality;
(4) Improving the health of Nebraska's soil is the most effective way for agricultural producers to increase crop and forage productivity and profitability while also protecting the environment;
(5) Appropriate planning and coordination is needed to speed up and coordinate the adoption of conservation practices that rebuild and protect soil carbon to increase water holding capacity and enhance the vitality of the subsurface microbiome for landowners to capitalize on the economic and production benefits of soil health, while simultaneously enhancing water quality, capturing carbon, building resilience to drought and pests, reducing greenhouse gas emissions, expanding pollinator and other wildlife habitat, and protecting fragile ecosystems for a more sustainable future; and
(6) A number of states have initiated formal soil health programs either through the establishment of new entities or collaborations between existing entities.
Notes of Decisions
Witherspoon v. Sides Const. Co., Inc., 362 N.W.2d 35 (Neb. 1985).
· cites it 8× “§ 2-106(1) (Reissue 1980) defines sale as the "passing of title from the seller to the buyer for a price (Section 2-401)." Under Neb.U.C.C. § 2-401(2) (Reissue 1980), title, unless the parties agree otherwise, "passes to the buyer at the time and place at which the seller…”
Sw. Bank of Omaha v. Moritz, 277 N.W.2d 430 (Neb. 1979).
· cites it 6× “A ‘sale’ consists in the passing of title from the seller to the buyer for a price (section 2-401). A ‘present sale’ means a sale which is accomplished by the making of the contract.”
Alford v. Neal, 425 N.W.2d 325 (Neb. 1988).
· cites it 6× “No court in any case at law or in equity shall recognize the right, title, claim, or interest of any person in or to any motor vehicle.”
Huskinson v. Vanderheiden, 251 N.W.2d 144 (Neb. 1977).
· cites it 4× “Section 2-401, U. C. C., provides in part: “(1) * * * title to goods passes from the seller to buyer in any manner and on any conditions explicitly agreed on by the parties.”
Bowman v. Am. Home Assurance Co., 213 N.W.2d 446 (Neb. 1973).
· cites it 12× “Section 2-401, TJ. C. C., details the concept of passage of title: “(2) Unless otherwise explicitly agreed title passes to the buyer at the time and place at which the seller completes his performance with reference to the physical delivery of the goods, despite any reservation…”
Maryott v. Oconto Cattle Co., 607 N.W.2d 820 (Neb. 2000).
· cites it 4× “§ 2-401 (Reissue 1992) provides: Each provision of this article with regard to the rights, obligations and remedies of the seller, the buyer, purchasers or other third parties applies irrespective of title to the goods except where the provision refers to such title.”
Myers v. Columbus Sales Pavilion, Inc., 575 F. Supp. 805 (D. Neb. 1983).
· cites it 10× “UCC § 2-401 (Reissue 1980). UCC § 2-401(1) further provides that “[a]ny retention or reservation by the seller of that title in goods shipped or delivered to the buyer is limited in effect to a reservation of a security interest.”
McCoolidge v. Oyvetsky, 874 N.W.2d 892 (Neb. 2016).
“We note that the Motor Vehicle Certificate of Title Act is the exclusive method of transferring title to a vehicle, but it is not conclusive of ownership.10 Between the buyer and seller of a motor vehicle, the certificate of title is only prima facie evidence of ownership.”
Worley v. Schaefer, 423 N.W.2d 748 (Neb. 1988).
· cites it 7× “Section 2-401 provides that, in those instances not governed by other provisions of article 2 and as to which title is “material,” “title passes to the buyer at the time and place at which the seller completes his performance with reference to the physical delivery of the goods.”
Jordan v. Butler, 156 N.W.2d 778 (Neb. 1968).
· cites it 4× “He relies on section 2-401, U.C.C., which states in part: "(2) Unless otherwise explicitly agreed title passes to the buyer at the time and place at which the seller completes his performance with reference to the physical delivery of the goods, * * * (b) if the contract…”
In re Claims Against Pierce Elevator, 291 Neb. 798 (Neb. 2015).
“§ 2-401 (Cum. Supp. 2014). - 830 - Nebraska A dvance Sheets 291 Nebraska R eports IN RE CLAIMS AGAINST PIERCE ELEVATOR Cite as 291 Neb.”
North Platte State Bank v. Prod. Credit Ass'n, 200 N.W.2d 1 (Neb. 1972).
· cites it 2× “Section 2-401 (2), U. C. C., *51 says that unless otherwise explicitly agreed, title passes to the buyer at the time and place at which the seller completes his performance with reference to the physical delivery of the goods, despite any reservation of a security interest.”
— Neb. Rev. Stat. § 2-401(1) — 3 cases
Myers v. Columbus Sales Pavilion, Inc., 575 F. Supp. 805 (D. Neb. 1983).
“UCC § 2-401 (Reissue 1980). UCC § 2-401(1) further provides that “[a]ny retention or reservation by the seller of that title in goods shipped or delivered to the buyer is limited in effect to a reservation of a security interest.”
— Neb. Rev. Stat. § 2-401(2) — 6 cases
Witherspoon v. Sides Const. Co., Inc., 362 N.W.2d 35 (Neb. 1985).
“§ 2-106(1) (Reissue 1980) defines sale as the "passing of title from the seller to the buyer for a price (Section 2-401)." Under Neb.U.C.C. § 2-401(2) (Reissue 1980), title, unless the parties agree otherwise, "passes to the buyer at the time and place at which the seller…”
Myers v. Columbus Sales Pavilion, Inc., 575 F. Supp. 805 (D. Neb. 1983).
“UCC § 2-401 (Reissue 1980). UCC § 2-401(1) further provides that “[a]ny retention or reservation by the seller of that title in goods shipped or delivered to the buyer is limited in effect to a reservation of a security interest.”
Worley v. Schaefer, 423 N.W.2d 748 (Neb. 1988).
“Section 2-401 provides that, in those instances not governed by other provisions of article 2 and as to which title is “material,” “title passes to the buyer at the time and place at which the seller completes his performance with reference to the physical delivery of the goods.”
— Neb. Rev. Stat. § 2-401(3) — 2 cases
Sw. Bank of Omaha v. Moritz, 277 N.W.2d 430 (Neb. 1979).
“A ‘sale’ consists in the passing of title from the seller to the buyer for a price (section 2-401). A ‘present sale’ means a sale which is accomplished by the making of the contract.”
— Neb. Rev. Stat. § 2-401(3)(b) — 2 cases
Alford v. Neal, 425 N.W.2d 325 (Neb. 1988).
“No court in any case at law or in equity shall recognize the right, title, claim, or interest of any person in or to any motor vehicle.”
— Neb. Rev. Stat. § 2-401(4) — 1 case
Myers v. Columbus Sales Pavilion, Inc., 575 F. Supp. 805 (D. Neb. 1983).
“UCC § 2-401 (Reissue 1980). UCC § 2-401(1) further provides that “[a]ny retention or reservation by the seller of that title in goods shipped or delivered to the buyer is limited in effect to a reservation of a security interest.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.