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Update of Legislative Action Through Day 22 of the 2024 Nebraska Legislative Session

on Tuesday, 6 February 2024 in Dirt Alert: David C. Levy, Editor

The Second Regular Session of the 108th Nebraska Legislature convened on January 3, 2024.  As of the publishing of this article, thirty-eight (38) legislative days remain in the session.  Through the first ten days of this session we identified, analyzed and summarized one hundred and two (102) legislative bills of interest.  Links to those articles are here (Days 1-5) and here (Days 6-10).  In these articles we included ninety-one (91) legislative bills carried over from the First Regular Session of the 108th Nebraska Legislature, in 2023.   

In our previous articles covering bills of interests introduced this session, we identified ten (10) bills of interest warranting further elaboration.  The Nebraska Legislature referred all such bills to committee and have set a hearing date.  Please see the below chart for updates on those bills as well as the remaining bills of interest. 

Notably, LB 1301, which would establish the Foreign-Owned Real Estate National Security Act, has had significant amendments.  Under the bill, nonresidential aliens would be prohibited from owning or leasing for longer than five (5) years any real estate in Nebraska.  An exception would apply for land used for industrial or manufacturing purposes, however, this exception would not apply if the landowner is a “restricted entity” and the land is within a “restricted area.” 

On January 18, 2024, the introducer, Senator DeKay, amended the bill to remove the restricted entity and restricted area exception.  Thus, under the bill as amended, nonresident aliens may qualify for the industrial or manufacturing purpose exception to the act regardless of whether it is a restricted entity or if the land is in a restricted area.  Senator DeKay designated LB 1301 as his priority bill for this session. 

Attorneys at Baird Holm LLP has extensive experience in legislative, municipal and local governmental matters.  Please do not hesitate to reach out if you have any questions. 


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