Nebraska Revised Statute 90-302
The Legislature hereby finds that the Nebraska State Capitol and its environs are a source of pride and inspiration to the citizens of the state. It recognizes that the State Capitol, designated as a National Historic Landmark and regarded as one of the architectural masterpieces in the world, owes a major part of its recognition, esteem, and value to the inspiring manner in which its high tower physically dominates neighboring buildings and to the fact that it serves as a prominent landmark and focal point for inspiring vistas in the capital city of the state and for many miles beyond. The Legislature further finds that the preservation of the dominant height of the State Capitol in relation to surrounding structures should be a concern not only for the citizens of the city of Lincoln but for all of the citizens of the state, for the State Capitol is a financial, cultural, and aesthetic investment and resource of the entire citizenry. The Legislature further finds that the structures and improvements in the State Capitol environs directly affect the ability of citizens to enjoy the historical, cultural, and aesthetic treasure they have in their State Capitol. Therefor, the Legislature declares and explains its intention to reclaim certain regulatory powers that it has delegated to municipalities, in this case to the city of Lincoln, by directly imposing maximum height restrictions in the State Capitol environs. The Legislature implements these restrictions for the benefit of all the citizens of Nebraska with the further explanation that the maximum height restrictions being required by section 90-303 are those which were in effect at the time this legislation was introduced, that the value of real estate in the State Capitol environs has been increased substantially by the proximity of such real estate to the State Capitol and by the investment of state resources in the construction, maintenance, and protection of the State Capitol, that the value of such real estate will undoubtedly continue to increase because of state maintenance and protection of the State Capitol despite, and in part because of, the height restrictions imposed by the city of Lincoln or such section, and that the involvement of the State of Nebraska in the regulation of structure height in the State Capitol environs through such section, in conjunction with the regulatory power of the city of Lincoln, will inject a greater degree of stability in the governmental process for regulating heights in the State Capitol environs, which will in turn benefit all Nebraska citizens. The Legislature further declares its intention to exercise certain regulatory powers for the benefit of the citizens of Nebraska by delegating to the city of Lincoln the authority to review and approve or disapprove plans and proposals for demolition, exterior alteration, and construction of structures and other improvements in the Nebraska State Capitol Environs District.
Laws 1977, LB 172, § 2;
Laws 1993, LB 271, § 2.