Neb. Rev. Stat. » Chapter 3
Nebraska Revised Statutes

Neb. Rev. Stat. § 3-104 (2026)

Nebraska Aeronautics Commission; created; members, appointment; term; qualification; chairperson; quorum; meetings; expenses; duties

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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(1) There is hereby created the Nebraska Aeronautics Commission which shall consist of five members, who shall be appointed by the Governor. The terms of office of the members of the commission initially appointed shall expire on March 1 of the years 1946, 1947, 1948, 1949, and 1950, as designated by the Governor in making the respective appointments. As the terms of members expire, the Governor shall, on or before March 1 of each year, appoint a member of the commission for a term of five years to succeed the member whose term expires. Each member shall serve until the appointment and qualification of his or her successor. In case of a vacancy occurring prior to the expiration of the term of a member, the appointment shall be made only for the remainder of the term. All members of the commission shall be citizens and bona fide residents of the state and, in making such an appointment, the Governor shall take into consideration the interest or training of the appointee in some one or all branches of aviation. The commission shall, in December of each year, select a chairperson for the ensuing year. The Director of Aeronautics shall serve as secretary as set forth in section 3-127. Three members shall constitute a quorum, and no action shall be taken by less than a majority of the commission.

(2) The commission shall meet upon the written call of the chairperson, the director, or any two members of the commission. Regular meetings shall be held at the office of the division but, whenever the convenience of the public or of the parties may be promoted or delay or expense may be prevented, the commission may hold meetings or proceedings at any other place designated by it. All meetings of the commission shall be open to the public. No member shall receive any salary for his or her service, but each shall be reimbursed for expenses incurred by him or her in the performance of his or her duties as provided in sections 81-1174 to 81-1177.

(3)(a) The commission shall advise the Director-State Engineer relative to the appointment of the Director of Aeronautics, and the commission shall report to the Director-State Engineer whenever the commission feels that the Director of Aeronautics is not properly fulfilling his or her duties. The commission shall also advise the Governor on the general status and state of aviation in Nebraska.

(b) The commission shall further act in an advisory capacity to the Director of Aeronautics and Director-State Engineer.

(4) The commission shall have, in addition, the following specific duties: (a) To allocate state funds and approve the use of federal funds to be spent for the construction or maintenance of airports; (b) to designate the locations and approve sites of airports; (c) to arrange and authorize the purchase of aircraft upon behalf of the state; (d) to select and approve pilots to be employed by the state, if any; and (e) to assist the Director of Aeronautics in formulating the regulations and policies to be carried out by the division under the terms of the State Aeronautics Act. The commission may allocate state funds for the promotion of aviation as defined for the purpose of this section by the division. The director may designate one or more members of the commission to represent the division in conferences with officials of the federal government, of other states, of other agencies or municipalities of this state, or of persons owning privately owned public use airports.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1975–2021 · leading case: Seward Cnty. Bd. of Commissioners v. City of Seward, 242 N.W.2d 849 (Neb. 1976).
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Seward Cnty. Bd. of Commissioners v. City of Seward, 242 N.W.2d 849 (Neb. 1976). · cites it 2× “§ 3-104(1), R. R. S. 1943. We do not pass upon the question of whether the powers granted to the Department of Aeronautics are sufficient to clearly indicate an intention on the part of the state to preempt the field, *274 although a strong argument could be made to that effect,…”
In re Est. of Giventer, 964 N.W.2d 234 (Neb. 2021). “The purpose of § 30-2485 is to facilitate and expedite proceedings to distribute a decedent’s estate, including an early appraisal of the respective rights of interested persons, which include creditors, and prompt settlement of demands against the estate. See, § 30-2209(21); In…”
Stones v. Plattsmouth, 228 N.W.2d 129 (Neb. 1975). “§ 3-104, R. R. S. 1943. The meetings of the commission are open to the public but there is no formal requirement of notice and an opportunity to be heard in such matters that would apply to the plaintiffs.”
Neb. Rev. Stat. § 3-104(1): 1 case
Seward Cnty. Bd. of Commissioners v. City of Seward, 242 N.W.2d 849 (Neb. 1976). “§ 3-104(1), R. R. S. 1943. We do not pass upon the question of whether the powers granted to the Department of Aeronautics are sufficient to clearly indicate an intention on the part of the state to preempt the field, *274 although a strong argument could be made to that effect,…”
Neb. Rev. Stat. § 3-104(2): 1 case
Seward Cnty. Bd. of Commissioners v. City of Seward, 242 N.W.2d 849 (Neb. 1976). “§ 3-104(1), R. R. S. 1943. We do not pass upon the question of whether the powers granted to the Department of Aeronautics are sufficient to clearly indicate an intention on the part of the state to preempt the field, *274 although a strong argument could be made to that effect,…”
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