Neb. Rev. Stat. » Chapter 37
Nebraska Revised Statutes

Neb. Rev. Stat. § 37-1005 (2026)

Administrative costs; limitation; rules and regulations

✓ current as of July 2026
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Administrative costs for the administration of the Trail Development Assistance Fund shall not exceed five percent of the appropriation authorized by the Legislature. The Game and Parks Commission may adopt and promulgate rules and regulations to carry out the Trail Development Assistance Act.

Notes of Decisions
Cited in 12 cases, 1984–1999 · leading case: Gallagher Ex Rel. Gallagher v. Omaha Pub. Power Dist., 405 N.W.2d 571 (Neb. 1987).
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Gallagher Ex Rel. Gallagher v. Omaha Pub. Power Dist., 405 N.W.2d 571 (Neb. 1987). · cites it 24× “The appellee alleged in his amended petition that OPPD's failure to warn of the dangerous condition of the lot donated for recreational purposes constituted a willful and malicious act on the part of the appellant.”
Garreans Ex Rel. Garreans v. City of Omaha, 345 N.W.2d 309 (Neb. 1984). · cites it 8× “" Neb.Rev.Stat. § 37-1005 (Reissue 1978) provides: "Nothing in sections 37-1001 to 37-1008 limits in any way any liability which otherwise exists (1) for willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity, or (2) for injury…”
Teters v. Scottsbluff Pub. Schs., 567 N.W.2d 314 (Neb. Ct. App. 1997). · cites it 7× “*878 Under § 37-1005, an owner of land is liable only: (1)for willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity, or (2) for injury suffered in any case where the owner of land charges the person or persons who enter or go on…”
Brown v. Wilson, 567 N.W.2d 124 (Neb. 1997). · cites it 2× “§ 37-1005. The Browns argue that Randi’s invitation to Sunshine to go home with Randi and play did not constitute an invitation to the “public” under § 37-1001 and that the Legislature did not intend the Act to apply to residential settings.”
Bailey v. City of North Platte, 359 N.W.2d 766 (Neb. 1984). · cites it 2× “An owner of land made available for public recreational purposes owes no duty to keep the premises safe or to warn of dangerous conditions.”
Cassio v. Creighton Univ., 446 N.W.2d 704 (Neb. 1989). “” § 37-1005. Therefore, the owner of a recreational facility is not liable for ordinary negligence unless a fee was charged for the right to enter the facility.”
Linda Henderson Robert Henderson, III Eric Henderson Dorothy Henderson v. United States, 965 F.2d 1488 (8th Cir. 1992). “§ 20-9-16 (1991) (“willful or wanton”) — we believe that were the issue before the Supreme Court of Missouri, it would equate “malicious” in Missouri’s Recreational Use Statute with “malice” in its legal sense.”
Thies v. City of Omaha, 408 N.W.2d 306 (Neb. 1987). · cites it 2× “The Recreation Liability Act seeks to encourage owners of land to make their land available free to the public for recreational purposes by limiting their liability.”
Wicker v. City of Ord, 447 N.W.2d 628 (Neb. 1989). “In resolving the issue, this court stated: We have further examined the record in its entirety and find no evidence to support a claim that the District had actual knowledge that a danger existed, and, therefore, the District could not be found to have willfully or maliciously…”
Teters v. Scottsbluff Pub. Schs., 592 N.W.2d 155 (Neb. 1999). “§ 37-733 (Reissue 1998), § 37-1005 is now Neb. Rev. Stat. § 37-734 (Reissue 1998), and § 37-1008 is now Neb.”
Holden ex rel. Holden v. Schwer, 495 N.W.2d 269 (Neb. 1993). “An owner is still liable, however, “(1) for willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity, or (2) for injury suffered in any case where the owner of land charges the person or persons who enter or go on the land.”
Holden by & Through Holden v. Schwer, 495 N.W.2d 269 (Neb. 1993). “" § 37-1005. Therefore, as this court has held, "the owner of a recreational facility is not liable for ordinary negligence unless a fee was charged for the right to enter the facility.”
Neb. Rev. Stat. § 37-1005(1): 1 case
Brown v. Wilson, 567 N.W.2d 124 (Neb. 1997). “§ 37-1005. The Browns argue that Randi’s invitation to Sunshine to go home with Randi and play did not constitute an invitation to the “public” under § 37-1001 and that the Legislature did not intend the Act to apply to residential settings.”
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