25-523. Legal and other official notices; publication; legal newspaper; requirements; prior publications legalized.
511 words·~2 min read·
/ne/chapter-25/25-523A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)For purposes of this section:
(a)Digital newspaper means an Internet website that:
(i)Employs staff in the county from which the digital newspaper is published online;
(ii)Has at least three hundred paid subscribers if located in a city of the metropolitan class or city of the primary class;
(iii)Has at least two hundred paid subscribers if located in a city of the first class, city of the second class, or village;
(iv)Publishes exclusively online;
(v)Has updated its news at least once each week for at least one year prior to the publication of a notice; and
(vi)Reports on events and governmental activities of local interest; and
(b)E-edition means a digital facsimile of a newspaper's print edition that is accessible from such newspaper's website and is substantially the same in both format and content as the print edition of such newspaper.
(2)(a) No newspaper shall be considered a legal newspaper for the publication of legal and other official notices unless the same shall have a bona fide circulation of at least three hundred paid subscriptions if located in a city of the metropolitan class or a city of the primary class or at least two hundred paid subscriptions if located in a city of the first class, city of the second class, or village, and shall have been published within the county or an adjacent county for fifty-two successive weeks prior to the publication of such notice, and then subsequently at least fifty times per year.
(b)The e-edition of a legal newspaper shall be considered a legal newspaper for the publication of legal and other official notices only if
(i)such notices are contemporaneously published in the print edition of such newspaper or
(ii)the newspaper
(A)has ceased publication of its print edition and
(B)was considered a legal newspaper when it ceased publication.
(c)If no newspaper considered to be a legal newspaper publishes either a print edition or an e-edition within a county, any legal and other official notices directed to persons or entities in that county may be published in a digital newspaper within the county if available at a rate not to exceed legal notice rates pursuant to sections 33-141 to 33-143 .
(3)Nothing in this section shall invalidate the publication in a newspaper which has suspended publication, on account of fire, flood, or other unavoidable accident, for not to exceed ten weeks, in the year last preceding the first publication of a legal notice, advertising, or publication. All publications made prior to May 22, 1941, in a newspaper which has, on account of flood, fire, or other unavoidable accident, suspended publication or been printed in an office outside of the county, are hereby legalized.
Mechanical act of printing legal newspaper may be performed outside county of place of publication. Wymore Arbor State, Inc. v. Korinek, 182 Neb. 557, 156 N.W.2d 24 (1968).
Particular requirements of this section need not be recited in printer's proof of publication. Seymour v. Lawson, 111 Neb. 770, 197 N.W. 623 (1926).