The remedies provided by sections 25-21,275 to 25-21,278 shall be deemed to be supplemental and additional to powers conferred by existing laws. The remedies provided in sections 25-21,275 to 25-21,278 are in addition to and not in limitation of any other civil or criminal statutory or common-law remedies.
§ 25-21,278.Diversion of utility services; additional remedies.
Article 21: Special Proceedings and Actions · Last amended 2002 · Last verified July 22, 2026
In one sentenceThis section confirms that the civil remedies for utility bypassing, tampering, and unauthorized metering supplement, rather than replace, every other civil or criminal remedy already available under Nebraska law.
Full Text of § 25-21,278
Source
Laws 1983, LB 350, § 4; R.S.1943, (1999), § 86-331.04; Laws 2002, LB 1105, § 424.
Cross References
Criminal penalties, see sections 28-515.01, 28-515.02, 28-1311, and 76-2325.01. One-Call Notification System Act, civil enforcement, see section 76-2301.
Plain-English Summary
Section 25-21,278 closes out the utility-diversion statutes by making one point clear: nothing about these remedies stands alone. The remedies described in sections 25-21,275 to 25-21,278 are supplemental and additional to whatever powers a utility, a prosecutor, or another party already has under existing law. A utility does not have to choose between the civil recovery this group of statutes provides and other avenues that might already exist.
The cross-references confirm as much: separate criminal penalties for the same conduct appear in sections 28-515.01, 28-515.02, 28-1311, and 76-2325.01, and the One-Call Notification System Act has its own civil-enforcement provision in section 76-2301. None of that is displaced by the civil remedy created here. A person who bypasses a meter can face criminal charges under one set of statutes and a civil damages suit under this one, without either remedy limiting the other.
Frequently Asked Questions
Does suing for utility diversion damages stop a prosecutor from also filing criminal charges?
No. Section 25-21,278 states these civil remedies are supplemental to, not a limitation on, other civil or criminal remedies, including the criminal penalties in sections 28-515.01, 28-515.02, 28-1311, and 76-2325.01.
Is the civil remedy in these sections the utility’s only option?
No. It is additional to other powers and remedies already available under existing law.
How does this section relate to the One-Call Notification System Act?
That Act has its own civil-enforcement provision under section 76-2301, and this section confirms the utility-diversion remedies do not limit or replace it.
Can a utility pursue both a civil case and rely on criminal statutes for the same tampering incident?
Yes. The civil and criminal avenues operate independently under this section.
Why does the statute need to say the remedies are “supplemental”?
Without that language, a court might read this specific civil remedy as replacing older or more general remedies. The section forecloses that argument.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as: utility diversion remedies are supplementalcivil and criminal remedies for utility theftnebraska utility law additional remediesmeter tampering criminal penalties cross referenceone-call notification act civil enforcement