Nebraska Statutes 82-507. Public land; prohibited acts; penalty; temporary restraining order or injunction
Current as of: 2023 | Check for updates
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(1) Any person who knowingly and willfully appropriates, excavates, injures, or destroys any archaeological resource on public land without written permission from the State Archaeology Office is guilty of a Class III misdemeanor.
Attorney's Note
Under the Nebraska Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class III misdemeanor | up to 3 months | up to $500 |
Terms Used In Nebraska Statutes 82-507
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
(2) When the State Archaeology Office has cause to believe that a person has engaged in or is engaging in any unlawful conduct prescribed in this section, it may apply for and obtain, in an action in the appropriate district court of this state, a temporary restraining order or injunction, or both, pursuant to the Nebraska rules of civil procedure prohibiting such person from continuing such practices, or engaging therein, or doing any act in furtherance thereof.