reglab/housing_qa huggingface dataset:
NE Code § 23-101 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-101 - Counties; corporate name.

23-101.  Counties; corporate name.Each county, established in this state according to the laws thereof, shall be a body politic and corporate, by the name and style of The county of ..............., and by that name may sue and be sued, plead and shall be impleaded, defend and be defended against, in any court having jurisdiction of the subject matter, either in law or equity, or other place where justice shall be administered.Source   Laws 1879, § 20, p. 359;   R.S.1913, § 948;   C.S.1922, § 848;   C.S.1929, § 26-101;   R.S.1943, § 23-101. Annotations  1. Status of county 2. Suit by county 3. Suit against county 4. Pleadings 5. Liability of county 1. Status of county A county is a governmental subdivision of the state, corporate in character, and created and organized for public purposes. Speer v. Kratzenstein, 143 Neb. 310, 12 N.W.2d 360 (1943). A county is not a "municipal corporation", as the term is used in section 7, Article VIII, of the Constitution, and imposition of gasoline tax on counties is not prohibited. State v. Cheyenne County, 127 Neb. 619, 256 N.W. 67 (1934). A county is a body politic and corporate. Cheney v. County Board of Commissioners of Buffalo County, 123 Neb. 624, 243 N.W. 881 (1932). A county, even though a body politic and corporate, is a creature of statute and has only such powers as are conferred by Legislature. Lindburg v. Bennett, 117 Neb. 66, 219 N.W. 851 (1928). 2. Suit by county County is proper party defendant in suit to enjoin collection of alleged void tax. Offutt Housing Co. v. County of Sarpy, 160 Neb. 320, 70 N.W.2d 382 (1955). County's interest in Supreme Court Reports is not sufficient to maintain replevin. Clifford v. Hall County, 60 Neb. 506, 83 N.W. 661 (1900). 3. Suit against county A county must be sued in the name designated by statute. Jameson v. Plischke, 184 Neb. 97, 165 N.W.2d 373 (1969). Suit was brought where no warrant was issued. Strong v. Thurston County, 84 Neb. 86, 120 N.W. 922 (1909). Action to recover a money judgment upon county warrant may be maintained when the money for payment of such warrant has been collected and wrongfully applied by the county authorities. Thurston County v. McIntyre, 75 Neb. 335, 106 N.W. 217 (1905). Suit authorized where board has not exclusive jurisdiction. Ayres v. Thurston County, 63 Neb. 96, 88 N.W. 178 (1901). 4. Pleadings Demurrer is not proper pleading to raise question of authority when suing. Otoe County v. Dorman, 71 Neb. 408, 98 N.W. 1064 (1904). 5. Liability of county County is not liable for negligent acts of officers unless made so by statute. Hopper v. Douglas County, 75 Neb. 329, 106 N.W. 330 (1905).
NE Code § 23-102 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-102 - County seal; use.

23-102.  County seal; use.The board shall procure and keep a seal, with such emblems and devices as it may think proper, which may be either an engraved or ink stamp seal and which shall be the seal of the county, and no other seal shall be used by the county clerk, except where the county clerk is ex officio clerk of the district court, in which case he shall use the seal of said court in all matters and proceedings therein. The impression or representation of said seal by stamp shall be a sufficient sealing in all cases where sealing is required.Source   Laws 1879, § 46, p. 368;   R.S.1913, § 949;   C.S.1922, § 849;   C.S.1929, § 26-102;   R.S.1943, § 23-102;   Laws 1971, LB 653, § 2.
NE Code § 23-103 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-103 - Powers; how exercised.

23-103.  Powers; how exercised.The powers of the county as a body corporate or politic, shall be exercised by a county board, to wit: In counties under township organization by the board of supervisors, which shall be composed of the town and such other supervisors as are or may be elected pursuant to law; in counties not under township organization by the board of county commissioners. In exercising the powers of the county, the board of supervisors or the board of county commissioners, as the case may be, may enter into compacts with the respective board or boards of another county or counties to exercise and carry out jointly any power or powers possessed by or conferred by law upon each board separately.Source   Laws 1879, § 21, p. 359;   R.S.1913, § 950;   C.S.1922, § 850;   C.S.1929, § 26-103;   R.S.1943, § 23-103;   Laws 1953, c. 48, § 1, p. 173.  Annotations  Ratification of a contractual obligation of a county could only occur by the act of a majority of the board of county commissioners. Christiansen v. County of Douglas, 288 Neb. 564, 849 N.W.2d 493 (2014). Because Nebraska statutes vest the powers of a county in a “county board,” which term is defined to encompass both boards of supervisors existing under township organization and boards of commissioners in counties not under township organization, the adoption of township organization does not alter the basic powers of a county. Butler County Dairy v. Butler County, 285 Neb. 408, 827 N.W.2d 267 (2013). Powers of a county are required to be exercised by the county board. State ex rel. Johnson v. County of Gage, 154 Neb. 822, 49 N.W.2d 672 (1951). County board has plenary jurisdiction to make all contracts for county within scope of powers. Speer v. Kratzenstein, 143 Neb. 310, 12 N.W.2d 360 (1943). Purchase by commissioners of electric refrigerator for county jail is proper exercise of power. Beadle v. Harmon, 130 Neb. 389, 265 N.W. 18 (1936). "Body corporate or politic" construed. Lindburg v. Bennett, 117 Neb. 66, 219 N.W. 851 (1928).
NE Code § 23-104.01 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-104.01 - Compacts; conditions; limitations; powers.

23-104.01.  Compacts; conditions; limitations; powers.Compacts between counties for the joint exercise of powers may be made only upon compliance with the following conditions and subject to the following limitations:(1) The terms of the obligation imposed by the compact shall be reduced to writing, shall be required to be signed by a majority of the board of supervisors or commissioners of each county that is a party thereto, and after being so signed, shall be filed and recorded in the office of the county clerk of each county that is a party thereto;(2) The powers that may be exercised and the obligations that may be incurred by each party under the compact shall be definitely set forth and specified therein;(3) The powers that may be contracted to be exercised under the compact shall only be those imposed by law upon the county as such or upon its board of supervisors or county commissioners and shall not extend to or include powers specifically conferred upon and required to be carried out by other elected officers of the county;(4) The share of the expense to be paid by each county in carrying out the compact shall be allocated and set forth in the compact and provision made for the payment thereof;(5) Final action upon the allowance and payment of any claims and obligations against each county shall be reserved to and remain a function of the board of supervisors or commissioners of each county that is a party to the compact;(6) The levy and collection of taxes to pay the claims and obligations allowed shall be reserved to and remain a function of each county that is a party to the contract; and(7) The compact shall be subject to the Interlocal Cooperation Act.Source   Laws 1953, c. 48, § 3, p. 174;   Laws 1996, LB 1085, § 27.  Cross References   Consolidation of common functions and services, see section 22-401 et seq.  Interlocal Cooperation Act, see section 13-801.
NE Code § 23-104.02 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-104.02 - Counties containing a city of the primary class; public grounds; powers.

23-104.02.  Counties containing a city of the primary class; public grounds; powers.Any county in which is located a city of the primary class shall have power to purchase, hold, and improve public grounds and parks within the limits of the county, to provide for the protection and preservation of the same, to provide for the planting and protection of shade or ornamental trees, to erect and construct or aid in the erection and construction of statues, memorials, and works of art upon any public grounds, and to receive donations and bequests of money or property for the above purposes in trust or otherwise.Source  Laws 1961, c. 83, § 1, p. 293.
NE Code § 23-104.03 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-104.03 - Power to provide protective services.

23-104.03.  Power to provide protective services.Each county shall have the authority (1) to plan, initiate, fund, maintain, administer, and evaluate facilities, programs, and services that meet the rehabilitation, treatment, care, training, educational, residential, diagnostic, evaluation, community supervision, and protective service needs of dependent, aged, blind, disabled, ill, or infirm persons, persons with a mental disorder, and persons with an intellectual disability domiciled in the county, (2) to purchase outright by installment contract or by mortgage with the power to borrow funds in connection with such contract or mortgage, hold, sell, and lease for a period of more than one year real estate necessary for use of the county to plan, initiate, fund, maintain, administer, and evaluate such facilities, programs, and services, (3) to lease personal property necessary for such facilities, programs, and services, and such lease may provide for installment payments which extend over a period of more than one year, notwithstanding the provisions of section 23-132 or 23-916, (4) to enter into compacts with other counties, state agencies, other political subdivisions, and private nonprofit agencies to exercise and carry out the powers to plan, initiate, fund, maintain, administer, and evaluate such facilities, programs, and services, and (5) to contract for such services from agencies, either public or private, which provide such services on a vendor basis. Compacts with other public agencies pursuant to subdivision (4) of this section shall be subject to the Interlocal Cooperation Act.Source   Laws 1971, LB 599, § 1;   Laws 1972, LB 1266, § 1;   Laws 1985, LB 393, § 15;   Laws 1986, LB 1177, § 4;  Laws 2013, LB23, § 2. Cross References  Interlocal Cooperation Act, see section 13-801.
NE Code § 23-104.04 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-104.04 - Commission on the status of women; establish; fund.

23-104.04.  Commission on the status of women; establish; fund.Any county may establish and fund a commission on the status of women. Such commission shall advise the county board on the existence of social, economic, and legal barriers affecting women and ways to eliminate such barriers.Source  Laws 1980, LB 780, § 1.
NE Code § 23-104.05 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-104.05 - Commission on the status of women; purposes.

23-104.05.  Commission on the status of women; purposes.The purpose of a commission established under section 23-104.04 shall be to emphasize studying the changing and developing roles of women in American society including:(1) Recognition of socioeconomic factors that influence the status of women;(2) Development of individual potential;(3) Encouragement of women to utilize their capabilities and assume leadership roles;(4) Coordination of efforts of numerous women's organizations interested in the welfare of women;(5) Identification and recognition of contributions made by Nebraska women to the community, state, and nation;(6) Implementation of this section when improved working conditions, financial security, and legal status of both sexes are involved; and(7) Promotion of legislation to improve any situation when implementation of subdivisions (1) to (6) of this section indicates a need for change.Source  Laws 1980, LB 780, § 2.
NE Code § 23-105 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-105 - County property; control; duty of county board; annual inventory.

23-105.  County property; control; duty of county board; annual inventory.The county boards of the several counties shall have the power to take and have the care and custody of all the real and personal estate owned by the county; and, in connection with the foregoing, to file and to require each county officer of the county to file the annual inventory statements with respect to county personal property, as required by sections 23-346 to 23-350.Source   Laws 1879, § 23, p. 360;   Laws 1887, c. 26, § 1, p. 350;   Laws 1905, c. 44, § 1, p. 287;   R.S.1913, § 952;   Laws 1915, c. 17, § 1, p. 73;   C.S.1922, § 852;   Laws 1925, c. 93, § 1, p. 273;   Laws 1929, c. 60, § 2, p. 231;   C.S.1929, § 26-105;   Laws 1931, c. 40, § 1, p. 134;   Laws 1933, c. 36, § 1, p. 236;   Laws 1939, c. 28, § 5, p. 144;   Laws 1941, c. 48, § 2, p. 235;   C.S.Supp.,1941, § 26-105;   Laws 1943, c. 57, § 1(1), p. 224;   R.S.1943, § 23-105. Annotations  Under former law county had power of examination of its own records and could contract with auditor for that purpose. Campbell v. Douglas County, 142 Neb. 773, 7 N.W.2d 764 (1943). Purchase by commissioners of electric refrigerator for county jail is proper exercise of power. Beadle v. Harmon, 130 Neb. 389, 265 N.W. 18 (1936). Where one of county commissioners has moved out of his district into that of another commissioner, and where he continues to act as member of county board, the fact of such removal does not render order of board void. Horton v. Howard, 97 Neb. 575, 150 N.W. 633 (1915). County as corporate body has power to cancel twenty-five year lease with consent of lessee, and to execute a new lease for a longer period. Lancaster County v. Lincoln Aud. Assn., 87 Neb. 87, 127 N.W. 226 (1910). Court of equity will not interfere unless board exceeds powers. Roberts v. Thompson, 82 Neb. 458, 118 N.W. 106 (1908). Board cannot transact business except at regular or special meetings. Morris v. Merrell, 44 Neb. 423, 62 N.W. 865 (1895). Regular or special meetings must be held at county seat. Merrick County v. Batty, 10 Neb. 176, 4 N.W. 959 (1880).
NE Code § 23-106 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-106 - County funds; management; establish petty cash fund; purpose; power of county board.

23-106.  County funds; management; establish petty cash fund; purpose; power of county board.(1) The county board shall manage the county funds and county business except as otherwise specifically provided.(2) The county board shall have the authority to establish a petty cash fund for such county for the purpose of making payments for subsidiary general operational expenditures and purchases. Such county board shall set, by resolution of the board, the amount of money to be carried in such petty cash fund and the dollar limit of an expenditure from such fund and such amount shall be stated in the fiscal policy of the county board budget message.Source   Laws 1879, § 23, p. 360;   Laws 1887, c. 26, § 1, p. 350;   Laws 1905, c. 44, § 1, p. 287;   R.S.1913, § 952;   Laws 1915, c. 17, § 1, p. 73;   C.S.1922, § 852;   Laws 1925, c. 93, § 1, p. 273;   Laws 1929, c. 60, § 2, p. 231;   C.S.1929, § 26-105;   Laws 1931, c. 40, § 1, p. 134;   Laws 1933, c. 36, § 1, p. 236;   Laws 1939, c. 28, § 5, p. 144;   Laws 1941, c. 48, § 2, p. 235;   C.S.Supp.,1941, § 26-105;   Laws 1943, c. 57, § 1(2), p. 224;   R.S.1943, § 23-106;   Laws 1976, LB 686, § 1;   Laws 1978, LB 643, § 1.  Annotations  A county board in managing county business may employ necessary agents or servants to carry out duties not imposed by law upon others. Thiles v. County Board of Sarpy County, 189 Neb. 1, 200 N.W.2d 13 (1972). County board has duty to deduct personal taxes from claims allowed. State ex rel. Bates v. Morgan, 154 Neb. 234, 47 N.W.2d 512 (1951). County board may make all contracts within scope of powers of county acting as a body corporate. Speer v. Kratzenstein, 143 Neb. 310, 12 N.W.2d 360 (1943). Board has power to employ and pay for clerical assistance to county attorney. Emberson v. Adams County, 93 Neb. 823, 142 N.W. 294 (1913). Implied powers of county board stated. Wherry v. Pawnee County, 88 Neb. 503, 129 N.W. 1013 (1911); Berryman v. Schalander, 85 Neb. 281, 122 N.W. 990 (1909). Powers of board are construed strictly. Morton v. Carlin, 51 Neb. 202, 70 N.W. 966 (1897). Appointments are not a judicial act of board. Prather v. Hart, 17 Neb. 598, 24 N.W. 282 (1885). Board has no power to alter amount of fees. Kemerer v. State ex rel. Garber, 7 Neb. 130 (1878). Contracts should be let to lowest bidder. People ex rel. Putnam v. Commissioners of Buffalo County, 4 Neb. 150 (1875).
NE Code § 23-107 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-107 - Public grounds and buildings; sale or lease; terms; illegal sale; when validated.

23-107.  Public grounds and buildings; sale or lease; terms; illegal sale; when validated.The county board shall have power to make all orders respecting the property of the county; to keep the county buildings insured; to sell the public grounds or buildings of the county, and purchase other properties in lieu thereof; Provided, that the county board may, if it deems it for the best interests of the county, sell county property upon such terms of credit as shall be determined upon by resolution of the board; but any deferred payment shall be for not more than two-thirds of the purchase price, which shall be secured by note or notes, and a first mortgage upon the property so sold, and shall draw not less than six percent interest per annum from date until paid, the interest to be paid annually. The county board shall also have the power to sell or negotiate, without recourse upon the county, the notes and mortgages so taken; but they shall not be sold for less than par value including accrued interest. If, for any reason, such sale of the public grounds by a county board was irregular, illegal, or void, and the purchaser of such public grounds or his grantees have been in open, notorious, undisputed, continuous and adverse possession thereof for more than ten years, and during which ten years the county board has not refunded or offered to refund the purchase price, then in all such cases the county board is authorized and empowered and, when requested by the proper person, is required to convey to the purchaser of such grounds or his grantees, by good and sufficient deed without cost, the fee simple title to the public grounds so irregularly or illegally sold.Source   Laws 1879, § 24, p. 360;   Laws 1887, c. 26, § 1, p. 350;   Laws 1905, c. 44, § 1, p. 287;   R.S.1913, § 952;   Laws 1915, c. 17, § 1, p. 73;   C.S.1922, § 852;   Laws 1925, c. 93, § 1, p. 273;   Laws 1929, c. 60, § 2, p. 231;   C.S.1929, § 26-105;   Laws 1931, c. 40, § 1, p. 134;   Laws 1933, c. 36, § 1, p. 236;   Laws 1939, c. 28, § 5, p. 144;   Laws 1941, c. 48, § 2, p. 235;   C.S.Supp.,1941, § 26-105;   Laws 1943, c. 57, § 1(3), p. 224;   R.S.1943, § 23-107;   Laws 1961, c. 84, § 1, p. 294;   Laws 1971, LB 698, § 1;   Laws 1975, LB 125, § 1;   Laws 1977, LB 363, § 1.  Annotations  This section is not applicable to property acquired under the Industrial Development Act of 1961. State ex rel. Meyer v. County of Lancaster, 173 Neb. 195, 113 N.W.2d 63 (1962). Option of lessee to purchase county's land in case of contemplated sale does not avoid lease for ninety-nine years, since no sale is involved. Lindburg v. Bennett, 117 Neb. 66, 219 N.W. 851 (1928). Board may buy but not mortgage the poor farm. Stewart v. Otoe County, 2 Neb. 177 (1873).
NE Code § 23-107.01 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-107.01 - Real estate owned by county; sale or lease; terms and procedures.

23-107.01.  Real estate owned by county; sale or lease; terms and procedures.(1)(a) Except as provided in subsection (2) of this section and section 80-329, any county board has power to sell or lease real estate owned by the county and not required for county purposes at a fair market value regardless of the value of the property. The county board of such county shall hold an open and public hearing prior to any such sale or lease at which any interested party may appear and speak for or against the sale or lease and raise any issue regarding the fair market value of the property as determined by the county board. Public notice of any such public hearing shall be run once each week for two consecutive weeks prior to the hearing date in any newspaper or legal publication distributed generally throughout the county.(b) The county board shall set a date of sale which shall be within two months of the date of public hearing pursuant to subdivision (1)(a) of this section and shall offer such real estate for sale or lease to the highest bidder.(c) The county board shall cause to be printed and published once at least ten days prior to the sale or lease in a legal newspaper in the county an advertisement for bids on the property to be sold or leased. The advertisement shall state the legal description and address of the real estate and that the real estate shall be sold or leased to the highest bidder.(d) If the county board receives no bids or if the bids received are substantially lower than the fair market value, the county board may negotiate a contract for sale or lease of the real estate if such negotiated contract is in the best interests of the county.(2) A county board may, by majority vote, sell real estate owned by the county in fee simple to another political subdivision in fee simple in such manner and upon such terms and conditions as may be deemed in the best interest of the county. A county board shall cause to be printed and published at least thirty days prior to the sale in a legal newspaper in the county a notice of the intent to sell county real estate to another political subdivision. The notice shall state the legal description and address of the real estate to be sold.Source   Laws 1975, LB 125, § 2;   Laws 1976, LB 805, § 1;   Laws 1979, LB 187, § 93;   Laws 1980, LB 184, § 10;   Laws 1997, LB 396, § 1;  Laws 2019, LB525, § 1.
NE Code § 23-108 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-108 - Roads; establishment; abandonment; eminent domain.

23-108.  Roads; establishment; abandonment; eminent domain.The county board shall have power to lay out, alter or discontinue any road running through its county, to vacate or discontinue public roads running parallel and adjacent to state or federal highways not more than four hundred yards from said highway, or any part thereof, or any abandoned or unused road or part thereof, and for such purpose may acquire title to lands therein, either by gift, prescription, dedication, the exercise of the right of eminent domain, purchase or lease, and may perform such duties concerning roads as may be prescribed by law; Provided, that the county board shall not vacate or discontinue any public road or any part thereof which is within the area of the zoning jurisdiction of a city of the metropolitan, primary or first class without the prior approval of the governing body of such city.Source   Laws 1879, § 23, p. 360;   Laws 1887, c. 26, § 1, p. 351;   Laws 1905, c. 44, § 1, p. 288;   R.S.1913, § 952;   Laws 1915, c. 17, § 1, p. 73;   C.S.1922, § 852;   Laws 1925, c. 93, § 1, p. 274;   Laws 1929, c. 60, § 2, p. 232;   C.S.1929, § 26-105;   Laws 1931, c. 40, § 1, p. 135;   Laws 1933, c. 36, § 1, p. 236;   Laws 1939, c. 28, § 5, § 145;   Laws 1941, c. 48, § 2, p. 236;   C.S.Supp.,1941, § 26-105;   Laws 1943, c. 57, § 1(4), p. 225;   R.S.1943, § 23-108;   Laws 1971, LB 192, § 1. Cross References  For acquisition of property by eminent domain for county road purposes, see section 39-1701 et seq.Annotations Dedication of road was not sufficiently shown. Nelson v. Reick, 96 Neb. 486, 148 N.W. 331 (1914).