The Nebraska Legislature is considering four bills aimed at increasing renewable energy development in Nebraska and generating the significant property tax and economic development that comes with that. These four bills would create tax incentives and simplify the regulatory process for renewable energy projects, clarify the Rural Community Based Economic […]
Publications
104th Nebraska Legislature, First Session: Real Estate, Renewable Energy and Municipal Law Update – Part 9 (Days 40 – 44)
The first session of the 104th Nebraska Legislature is now half complete. Here is an update on the bills we are tracking related to real property, renewable energy, and municipal law. You can find copies of the bills and information regarding status of the bills on the Nebraska Legislature’s website […]
New OIG Advisory Opinion Issued on Effect of Exclusion
On February 13, 2015, the Office of Inspector General published Advisory Opinion 15-02, on the effect of exclusion from Medicare, Medicaid and all other Federal health care programs. The Opinion responds specifically to an inquiry as to whether payments for services performed by a physician and his/her medical practice prior […]
A Little More Time! CMS Extends Meaningful Use Attestation Deadline
On February 25, 2015, the Centers for Medicare and Medicaid Services (“CMS”) announced that Eligible Professionals (“EPs”) participating in the Medicare Electronic Health Record Incentive Program (“Meaningful Use”) now have until 11:59 p.m. ET on March 20, 2015, to attest to Meaningful Use for the 2014 reporting year. The previous […]
Rent is an Essential Element of a Lease, and “Agreements to Agree” on Future Rental Rates are Unenforceable
The Nebraska Supreme Court, in Gibbons Ranches, L.L.C. v. Bailey, 289 Neb. 949 (2015), held that rent was an essential term in a lease agreement. Accordingly, lease clauses providing for “annual review of rental rates” were unenforceable. Under nearly identical five-year leases, Gibbons Ranches, L.L.C. (“Gibbons”) leased farm ground to […]

