Tag Archives: Nebraska

Nebraska bans civil forfeiture without a criminal conviction

Good news: A Nebraska law passed and signed in April has banned the police from confiscating any private property prior to a criminal conviction.

Now that the Nebraska bill has been signed into law, innocent property owners will have some rather significant new protections, the most significant of which is the requirement for a criminal conviction. Believe it or not, under civil forfeiture laws, no convictions need to be obtained—nor even any charge filed—to permanently forfeit property. Nebraska’s decision to require a conviction essentially eliminates civil forfeiture in the state.

The state may still forfeit property, but only after obtaining a conviction on drug, child pornography, or illegal gambling charges, and then only after demonstrating by clear and convincing evidence that the property in question was used or intended to be used in the commission of the crime, or that it represented the illicit “fruits” of the criminal activity.

The law was passed back in April but I missed the story. Hat tip to reader Tim Vogel for letting me know.

Nebraska rare earth mineral discovery to challenge China’s monopoly

A discovery in Nebraska of rare earth minerals appears set to challenge China’s monopoly.

To me these were the key quotes from this article:

The U.S. used to produce rare earths through the Mountain Pass Mine in California, but it was shut down in 2002, primarily because of environmental concerns, including the spillage of hundreds of thousands of gallons of water carrying radioactive waste into a nearby lake.

and

Although studies have shown the U.S. has 13 million metric tons of rare-earth minerals, National Mining Association spokeswoman Carol Raulston said it does not mine any of it – partly as a result of the difficulty of obtaining permits. “One of the key problems that investors tell us about is that the permitting regime in this country is so complicated and time-consuming that it has hurt investments here in the United States,” Ms. Raulston said.