reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-706 - Court of condemnation; members; compensation; costs; witness fees.

19-706.
Court of condemnation; members; compensation; costs; witness fees.
The district judges constituting the court of condemnation appointed pursuant to sections 19-702 and 19-703 shall each receive from and be paid by such city or village fifteen dollars per day for their services and their necessary traveling expenses, hotel bills, and all other necessary expenses incurred while in attendance upon the sittings of such court of condemnation, with reimbursement for expenses to be made as provided in sections 81-1174 to 81-1177, and the city or village shall pay the reporter that may be appointed by such court such an amount as such court of condemnation shall allow him or her. The county sheriff shall serve all summons, subpoenas, or other orders or papers ordered issued or served by such court of condemnation at the same rate and compensation for which he or she serves like papers issued by the district court, but shall account for all such compensation to the county as is required by him or her under the law governing his or her duties as county sheriff. The court of condemnation shall have power to apportion the cost made before it, between the city or village and the corporation or party owning any such plant, works, or system, and the city or village shall provide for and pay all such costs or portion of costs as the court shall order, and shall also make provisions for the necessary funds and expenses to carry on the proceedings of such court of condemnation, from time to time while such proceedings are in progress, but in the event the city or village elects to abandon the condemnation proceedings pursuant to section 19-704, then the city or village shall pay all the costs made before such court of condemnation. If services of expert witnesses are secured then their fees or compensation to be taxed and paid as costs shall be only such amount as the court of condemnation shall fix, notwithstanding any contract between such experts and the party producing them to pay them more, but a contract to pay them more than the court shall allow as costs may be enforced between any such experts and the litigant or party employing them. The costs made by any such appeal or appeals shall be adjudged against the party defeated in such appeal in the same degree and manner as is done under the general court practice relating to appellate proceedings.
Source
Laws 1919, c. 188, § 6, p. 426;
C.S.1922, § 4605;
C.S.1929, § 19-706;
Laws 1941, c. 26, § 6, p. 126;
C.S.Supp.,1941, § 19-713;
R.S.1943, § 19-706;
Laws 1981, LB 204, § 18;
Laws 2019, LB193, § 62.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-707 - Powers; conferred on certain cities.

19-707.
Powers; conferred on certain cities.
The powers vested in cities and villages under sections 19-701 to 19-707 shall be conferred upon cities of the primary class, cities of the first class, cities of the second class, and villages, whether or not such city or village is operating under a home rule charter adopted pursuant to Article XI of the Constitution of Nebraska.
Source
Laws 1919, c. 188, § 7, p. 427;
C.S.1922, § 4606;
C.S.1929, § 19-707;
Laws 1941, c. 26, § 7, p. 127;
C.S.Supp.,1941, § 19-714;
R.S.1943, § 19-707;
Laws 2019, LB193, § 63.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-708 - Public utility; acquisition by city or village of distribution system; wholesale service.

19-708.
Public utility; acquisition by city or village of distribution system; wholesale service.
Whenever the local distribution system of any public utility has been acquired by any city or village under the provisions of Chapter 19, article 7, the condemnee, if it is also the owner of any transmission system, whether by wire, pipeline, or otherwise, from any other point to such city or village shall, at the option of such city or village, be required to render wholesale service to such city or village whether otherwise acting as wholesaler or not. If the condemnee is a public power district subject to the provisions of section 70-626.01, the obligations of the public power district to the condemner under this section shall be no greater than to other cities and villages under section 70-626.01.
Source
Laws 1957, c. 44, § 1, p. 220;
Laws 2019, LB193, § 64.
Annotations
Condemnation proceeding was not invalidated by inclusion in notice of election of right to purchase gas at wholesale under this section. Kansas-Nebraska Nat. Gas Co. v. Village of Deshler, 288 F.2d 717 (8th Cir. 1961).
Right of village to purchase gas at wholesale, as an incident to condemnation, is recognized. Kansas-Nebraska Nat. Gas Co. v. Village of Deshler, 192 F.Supp. 303 (D. Neb. 1960).
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-710 - City council action; rights of adjoining property owner.

19-710.
City council action; rights of adjoining property owner.
In cases of appeal from an action of the city council condemning real property as a nuisance or as dangerous under the police powers of the city, the owners of adjoining property may intervene in the action at any time before trial.
Source
Laws 1985, LB 532, § 1;
Laws 2019, LB193, § 66.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-904 - Zoning regulations; creation; hearing; notice.

19-904.
Zoning regulations; creation; hearing; notice.
The city council or village board of trustees of a municipality which adopts zoning regulations and restrictions pursuant to sections 19-901 to 19-915 shall provide for the manner in which such regulations and restrictions, and the boundaries of districts established pursuant to section 19-902, shall be determined, established, and enforced, and from time to time amended, supplemented, or changed. The city council or village board of trustees shall receive the advice of the planning commission before taking definite action on any contemplated amendment, supplement, change, modification, or repeal. No such regulation, restriction, or boundary shall become effective until after separate public hearings are held by both the planning commission and the city council or village board of trustees in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing shall be given by publication thereof in a legal newspaper in or of general circulation in such municipality at least one time ten days prior to such hearing.
Source
Laws 1927, c. 43, § 4, p. 183;
C.S.1929, § 19-904;
R.S.1943, § 19-904;
Laws 1955, c. 57, § 1, p. 185;
Laws 1957, c. 45, § 1, p. 221;
Laws 1967, c. 92, § 3, p. 284;
Laws 1975, LB 410, § 13;
Laws 1983, LB 71, § 9;
Laws 2019, LB193, § 70.
Annotations
When a legislative body does not specify the manner in which a comprehensive development plan is to be adopted, it is assumed that such plan may be effectively adopted via resolution. Smith v. City of Papillion, 270 Neb. 607, 705 N.W.2d 584 (2005).
Adoption, amendment, supplement, or change of regulations and restrictions under comprehensive development plan shall not become effective until after a public hearing of which notice has been given. Stec v. Countryside of Hastings, Inc., 190 Neb. 733, 212 N.W.2d 561 (1973).
This section provides different procedure from that applicable to zoning act relating to first-class cities only. Schlientz v. City of North Platte, 172 Neb. 477, 110 N.W.2d 58 (1961).
Sufficiency of notice given of proposed rezoning action raised but not decided. Weber v. City of Grand Island, 165 Neb. 827, 87 N.W.2d 575 (1958).
City council has duty of providing manner in which regulations and restrictions are amended or changed. Kelley v. John, 162 Neb. 319, 75 N.W.2d 713 (1956).
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-904.01 - Zoning regulations; nonconforming use; continuation; termination.

19-904.01.
Zoning regulations; nonconforming use; continuation; termination.
The use of a building, structure, or land, existing and lawful at the time of the adoption of a zoning regulation, or at the time of an amendment of a regulation, may, except as provided in this section, be continued, although such use does not conform with provisions of such regulation or amendment. Such use may be extended throughout the same building if no structural alteration of such building is proposed or made for the purpose of such extension. If such nonconforming use is in fact discontinued for a period of twelve months, such right to the nonconforming use shall be forfeited and any future use of the building and premises shall conform to the regulation. The city council or village board of trustees may provide in any zoning regulation for the restoration, reconstruction, extension, or substitution of nonconforming uses upon such terms and conditions as may be set forth in the zoning regulations. The city council or village board of trustees may, in any zoning regulation, provide for the termination of nonconforming uses, either by specifying the period or periods in which nonconforming uses shall be required to cease, or by providing a formula whereby the compulsory termination of a nonconforming use may be so fixed as to allow for the recovery of amortization of the investment in the nonconformance, except that in the case of a legally erected outdoor advertising sign, display, or device, no amortization schedule shall be used.
Source
Laws 1967, c. 92, § 4, p. 285;
Laws 1975, LB 410, § 14;
Laws 1981, LB 241, § 3;
Laws 2019, LB193, § 71.
Annotations
Where a zoning law provides for the termination of a legal, nonconforming use after it has been "discontinued" for a reasonable period, there is no requirement to show intent to abandon the nonconforming use. Rodehorst Bros. v. City of Norfolk Bd. of Adjustment, 287 Neb. 779, 844 N.W.2d 755 (2014).
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-907 - Board of adjustment; appointment; restriction on powers.

19-907.
Board of adjustment; appointment; restriction on powers.
Except as provided in section 19-912.01, the city council or village board of trustees of a municipality which has adopted zoning regulations pursuant to sections 19-901 to 19-915 shall provide for the appointment of a board of adjustment. Any actions taken by the board of adjustment shall not exceed the powers granted by section 19-910.
Source
Laws 1927, c. 43, § 7, p. 184;
C.S.1929, § 19-907;
R.S.1943, § 19-907;
Laws 1975, LB 410, § 16;
Laws 1978, LB 186, § 5;
Laws 1998, LB 901, § 1;
Laws 2019, LB193, § 73.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-908 - Board of adjustment; members; term; vacancy; adopt rules; meetings; records; open to public.

19-908.
Board of adjustment; members; term; vacancy; adopt rules; meetings; records; open to public.
The board of adjustment appointed pursuant to section 19-907 shall consist of five regular members, plus one additional member designated as an alternate who shall attend and serve only when one of the regular members is unable to attend for any reason, each to be appointed for a term of three years and removable for cause by the appointing authority upon written charges and after public hearings. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. One member only of the board of adjustment shall be appointed from the membership of the planning commission, and the loss of membership on the planning commission by such member shall also result in his or her immediate loss of membership on the board of adjustment and the appointment of another planning commissioner to the board of adjustment. After September 9, 1995, the first vacancy occurring on the board of adjustment shall be filled by the appointment of a person who resides in the extraterritorial zoning jurisdiction of the city or village at such time as more than two hundred persons reside within such area. Thereafter, at all times, at least one member of the board of adjustment shall reside outside of the corporate boundaries of the city or village but within its extraterritorial zoning jurisdiction. The board of adjustment shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to sections 19-901 to 19-914. Meetings of the board of adjustment shall be held at the call of the chairperson and at such other times as the board may determine. Such chairperson, or in his or her absence the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board of adjustment shall be open to the public. The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.
Source
Laws 1927, c. 43, § 7, p. 184;
C.S.1929, § 19-907;
R.S.1943, § 19-908;
Laws 1967, c. 92, § 5, p. 285;
Laws 1975, LB 410, § 17;
Laws 1995, LB 805, § 1;
Laws 2019, LB193, § 74.
Annotations
Procedural rules detailed in statutes and city zoning ordinance need not be further adopted by a board of adjustment. South Maple Street Assn. v. Board of Adjustment of City of Chadron, 194 Neb. 118, 230 N.W.2d 471 (1975).
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-909 - Board of adjustment; appeals to board; record on appeal; hearing; stays.

19-909.
Board of adjustment; appeals to board; record on appeal; hearing; stays.
Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the board of adjustment, by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds for such appeal. The officer from whom the appeal is taken shall forthwith transmit to the board of adjustment all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustment, after the notice of appeal shall have been filed with him or her, that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown. The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.
Source
Laws 1927, c. 43, § 7, p. 185;
C.S.1929, § 19-907;
R.S.1943, § 19-909;
Laws 2019, LB193, § 75.
Annotations
Procedural rules detailed in statutes and city zoning ordinance need not be further adopted by a board of adjustment. South Maple Street Assn. v. Board of Adjustment of City of Chadron, 194 Neb. 118, 230 N.W.2d 471 (1975).
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-911 - Board of adjustment; village board of trustees may act; exception; powers and duties.

19-911.
Board of adjustment; village board of trustees may act; exception; powers and duties.
Notwithstanding the provisions of sections 19-907 and 19-908, the village board of trustees may, except as set forth in section 19-912.01, provide by ordinance that it shall constitute a board of adjustment, and in the regulations and restrictions adopted pursuant to the authority of sections 19-901 to 19-905 may provide that as such board of adjustment it may exercise only the powers granted to boards of adjustment by section 19-910. As such board of adjustment, the village board of trustees shall adopt rules and procedures that are in harmony with sections 19-907 to 19-910 and shall have the powers and duties of a board of adjustment provided for in such sections, and other parties shall have all the rights and privileges provided for in such sections. The concurring vote of two-thirds of the members of the village board of trustees acting as a board of adjustment shall decide any question upon which it is required to pass as such board of adjustment.
Source
Laws 1927, c. 43, § 8, p. 186;
C.S.1929, § 19-908;
R.S.1943, § 19-911;
Laws 1975, LB 410, § 19;
Laws 1978, LB 186, § 7;
Laws 1998, LB 901, § 2;
Laws 2019, LB193, § 77.
Annotations
The city council of a first-class city is not authorized by this section to sit as a board of adjustment. Staley v. City of Blair, 206 Neb. 292, 292 N.W.2d 570 (1980).
City council may sit as a board of adjustment. Weber v. City of Grand Island, 165 Neb. 827, 87 N.W.2d 575 (1958).
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-912.01 - Zoning board of adjustment of a county; serve municipalities, when; board of zoning appeals.

19-912.01.
Zoning board of adjustment of a county; serve municipalities, when; board of zoning appeals.
The zoning board of adjustment of a county that has adopted a comprehensive development plan, as defined by section 23-114.02, and is enforcing zoning regulations based upon such a plan, shall, upon request of the governing body of a city of the second class or village, serve as the zoning board of adjustment for such city of the second class or village in that county. A city of the first class may request that the county zoning board of adjustment of the county in which it is located serve as that city's zoning board of adjustment, and such county government shall comply with that request within ninety days. A municipality located in more than one county shall be served by request or otherwise only by the county zoning board of adjustment of the county in which the greatest area of the municipality is located, and the jurisdiction of such county zoning board of adjustment shall include all portions of the municipality and its extraterritorial zoning jurisdiction regardless of county lines. In a county in which a city of the primary class is located, the board of zoning appeals, created under section 23-174.09, may serve in the same capacity for all cities of the second class and villages in place of a zoning board of adjustment.
Source
Laws 1975, LB 317, § 5;
Laws 1981, LB 298, § 4;
R.S.1943, (1994), § 84-155;
Laws 1998, LB 901, § 3;
Laws 2019, LB193, § 79.
Cross References
For provisions relating to boards of adjustment for cities of the first and second class and villages, see sections 19-907 to 19-912.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-913 - Zoning laws and regulations; enforcement; violations; penalties; actions.

19-913.
Zoning laws and regulations; enforcement; violations; penalties; actions.
The city council or village board of trustees may provide by ordinance for the enforcement of sections 19-901 to 19-915 and of any ordinance, regulation, or restriction made thereunder. A violation of such sections or of such ordinance or regulation is hereby declared to be a misdemeanor, and such city council or village board of trustees may provide for the punishment thereof by fine not exceeding one hundred dollars for any one offense, recoverable with costs, or by imprisonment in the county jail for a term not to exceed thirty days. Each day such violation continues after notice of violation is given to the offender may be considered a separate offense. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of sections 19-901 to 19-915 or of any ordinance or other regulation made under such sections, the proper local authorities of the municipality, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct, or abate such violation, to prevent the occupancy of such building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises.
Source
Laws 1927, c. 43, § 10, p. 187;
C.S.1929, § 19-910;
R.S.1943, § 19-913;
Laws 1975, LB 410, § 20;
Laws 2019, LB193, § 80.
Annotations
Injunction authorized in addition to other remedies for violation of zoning laws. City of Imperial v. Raile, 187 Neb. 404, 191 N.W.2d 442 (1971).
City may maintain action for mandatory injunction to compel removal of structure erected in violation of zoning ordinance. City of Beatrice v. Williams, 172 Neb. 889, 112 N.W.2d 16 (1961).
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-914 - Zoning regulations; conflict with other laws; effect.

19-914.
Zoning regulations; conflict with other laws; effect.
Whenever the regulations made pursuant to sections 19-901 to 19-905 require a greater width or size of yards, courts, or other open spaces, or require a lower height of building or less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in any other statute, local ordinance, or regulation, the provisions of the regulations made under authority of such sections shall govern. Wherever the provisions of any other statute or local ordinance or regulation require a greater width or size of yards, courts, or other open spaces, or require a lower height of building or a less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by the regulations made under authority of such sections, the provisions of such statute, local ordinance, or regulation shall govern.
Source
Laws 1927, c. 43, § 11, p. 188;
C.S.1929, § 19-911;
R.S.1943, § 19-914;
Laws 2019, LB193, § 81.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-915 - Zoning regulations; changes; procedure; ratification.

19-915.
Zoning regulations; changes; procedure; ratification.
(1) When any city of the first class, city of the second class, or village has enacted zoning regulations pursuant to sections 19-901 to 19-915 and as a part of such regulations has bounded and defined the various zoning or building districts with reference to a zoning map, such zoning or building districts may from time to time be changed, modified, or terminated, or additional or different zoning or building districts may from time to time be created, changed, modified, or terminated, by an appropriate amendatory action which describes the changed, modified, terminated, or created zone or district or part thereof by legal description or metes and bounds, or by republishing a part only of the original zoning map, and without republishing the original zoning map as a part of the amendatory action and without setting forth and repealing the entire section or ordinance adopting the rezoning maps, or a part of the zoning map, as a part of the amendatory action, notwithstanding the provisions of section 16-404 or 17-614.
(2) When any city of the first class, city of the second class, or village has, prior to March 21, 1969, changed the boundaries of a zoning or building district without compliance with section 16-404 or 17-614, any such amendments of the zoning ordinances shall stand as valid amendments until repealed and the action of any such city or village in executing any such amendment is expressly ratified by the Legislature.
Source
Laws 1969, c. 108, § 1, p. 509;
Laws 1975, LB 410, § 21;
Laws 2019, LB193, § 82.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-917 - Additions; vacating; powers; procedure; costs.

19-917.
Additions; vacating; powers; procedure; costs.
A city of the first class, city of the second class, or village may vacate any existing plat and addition to such municipality or such part or parts thereof as such municipality may deem advantageous and best for its interests, and the power hereby granted shall be exercised by such municipality upon the petition of the owner or all the owners of lots or lands in such plat or addition. Such ordinance vacating such plat or addition shall specify whether, and, if any, what public highways, streets, alleys, and public grounds thereof are to be retained by such municipality. Any such ways, streets, and public grounds not retained shall upon such vacation revert to the owner or owners of lots or lands abutting such ways, streets, and public grounds in proportion to the respective ownerships of such lots or grounds. In case of total or partial vacation of such plat or addition, the ordinance providing therefor shall be, at the cost of the owner or owners, certified to the office of the register of deeds and be there recorded by the owner or owners. The register of deeds shall note such total or partial vacation of such plat or addition by writing in plain and legible letters upon such plat or portion thereof so vacated the word vacated, and also make on the same reference to the volume and page in which such ordinance of vacation is recorded, and the owner or owners of the lots and lands in a plat so vacated shall cause the same and the proportionate part of the abutting highway, streets, alleys, and public grounds so vacated to be replatted and numbered by the city surveyor or county surveyor. When such replat so executed is acknowledged by such owner or owners and is recorded in the office of the register of deeds of such county, such property so replatted may be conveyed and assessed by the numbers given in such replat.
Source
Laws 1901, c. 18, § 6, p. 228;
R.S.1913, § 4812;
C.S.1922, § 3980;
C.S.1929, § 16-109;
R.S.1943, § 16-113;
Laws 1975, LB 410, § 3;
Laws 2019, LB193, § 84.
Annotations
This section is applicable to quiet title of owner of adjoining lots when nominal street of platted addition vacated. Trahan v. Council Bluffs Steel Erection Co., 183 Neb. 170, 159 N.W.2d 207 (1968).
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-918 - Additions; subdivision; plat of streets; duty of owner to obtain approval.

19-918.
Additions; subdivision; plat of streets; duty of owner to obtain approval.
No owner of real estate within the corporate limits of a city of the first class, city of the second class, or village shall be permitted to subdivide, plat, or lay out such real estate into blocks, lots, streets, or other portions of the same intended to be dedicated for public use, or for the use of the purchasers or owners of lots fronting thereon or adjacent thereto, without first having obtained the approval thereof of the city council or village board of trustees of such municipality or its agent designated pursuant to section 19-916. Any and all additions to be made to the municipality shall be made, so far as such additions relate to the avenues, streets, and alleys therein, under and in accordance with the provisions of sections 19-916 to 19-918.
Source
Laws 1901, c. 18, § 51, p. 269;
R.S.1913, § 4813;
C.S.1922, § 3981;
C.S.1929, § 16-110;
R.S.1943, § 16-114;
Laws 1967, c. 66, § 2, p. 217;
R.R.S.1943, § 16-114;
Laws 1975, LB 410, § 4;
Laws 1983, LB 71, § 11;
Laws 2019, LB193, § 85.
Annotations
The subdivision into lots and the filing of a plat, by the owner of lands adjacent to and outside the city limits, without the city's affirmative change of its boundaries, does not place such land within the city limits, even though city taxes are levied against it, and a court will enjoin such taxes in a collateral attack. Hemple v. City of Hastings, 79 Neb. 723, 113 N.W. 187 (1907).
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-919 - Additions; subdivisions; plat; city council or village board of trustees; approve before recording; powers.

19-919.
Additions; subdivisions; plat; city council or village board of trustees; approve before recording; powers.
No plat of or instruments effecting the subdivision of real property described in section 19-918 shall be recorded or have any force and effect unless such plat is approved by the city council or village board of trustees of such municipality or its agent designated pursuant to section 19-916. The city council or village board of trustees of such municipality shall have power, by ordinance, to provide the manner, plan, or method by which real property in any such area may be subdivided, platted, or laid out, including a plan or system for the avenues, streets, or alleys to be laid out within or across the same, and to prohibit the sale or offering for sale of, and the construction of buildings and other improvements on, any lots or parts of real property not subdivided, platted, or laid out as required in sections 19-918 and 19-920.
Source
Laws 1967, c. 66, § 3, p. 217;
R.R.S.1943, § 16-114.01;
Laws 1975, LB 410, § 5;
Laws 1983, LB 71, § 12;
Laws 2019, LB193, § 86.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-920 - Additions; subdivisions; conform to ordinances; streets and alleys; requirements.

19-920.
Additions; subdivisions; conform to ordinances; streets and alleys; requirements.
The city council of any city of the first class or city of the second class or the board of trustees of any village shall have power to compel the owner of any real property described in section 19-918 in subdividing, platting, or laying out the same to conform to the requirements of the ordinance and to lay out and dedicate the avenues, streets, and alleys in accordance therewith.
Source
Laws 1967, c. 66, § 4, p. 217;
R.R.S.1943, § 16-114.02;
Laws 1975, LB 410, § 6;
Laws 2019, LB193, § 87.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-921 - Subdivision, defined; where applicable.

19-921.
Subdivision, defined; where applicable.
For the purposes of sections 16-901 to 16-905 and 19-916 to 19-920, in the area where a city of the first class, city of the second class, or village has a comprehensive plan and has adopted subdivision regulations pursuant thereto, subdivision shall mean the division of lot, tract, or parcel of land into two or more lots, sites, or other divisions of land for the purpose, whether immediate or future, of ownership or building development, except that the division of land shall not be considered to be a subdivision when the smallest parcel created is more than ten acres in area.
Source
Laws 1973, LB 241, § 2;
R.R.S.1943, § 16-114.03;
Laws 1975, LB 410, § 7;
Laws 1993, LB 208, § 5;
Laws 2019, LB193, § 88.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-922 - Standard codes; applicability.

19-922.
Standard codes; applicability.
Any standard code adopted and approved by a city of the first class, city of the second class, or village as provided in section 18-132 and the building permit requirements or occupancy permit requirements imposed by any such code or by section 19-913 shall apply to all of the city or village and within the extraterritorial zoning jurisdiction of such city or village.
Source
Laws 1975, LB 410, § 8;
Laws 1986, LB 960, § 12;
Laws 1987, LB 483, § 1;
Laws 2014, LB802, § 1;
Laws 2016, LB704, § 210;
Laws 2019, LB193, § 89.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-923 - Notice to board of education; when; notice to military installation.

19-923.
Notice to board of education; when; notice to military installation.
(1) In order to provide for orderly school planning and development, a city of the first class, city of the second class, or village considering the adoption or amendment of a zoning ordinance or approval of the platting or replatting of any development of real estate shall notify the board of education of each school district in which the real estate, or some part thereof, to be affected by such a proposal lies, of the next regular meeting of the planning commission at which such proposal is to be considered and shall submit a copy of the proposal to the board of education at least ten days prior to such meeting.
(2) When a city of the first class, city of the second class, or village is considering the adoption or amendment of a zoning ordinance or the approval of the platting or replatting of any development of real estate, such city or village shall notify any military installation which is located within the corporate boundary limits or the extraterritorial zoning jurisdiction of the city or village if the city or village has received a written request for such notification from the military installation. The city or village shall deliver the notification to the military installation at least ten days prior to the meeting of the planning commission at which the proposal is to be considered.
(3) Plats of subdivisions approved by the agent of a city or village designated pursuant to section 19-916 shall not be subject to the notice requirements in this section.
Source
Laws 1963, c. 463, § 1, p. 1491;
Laws 1969, c. 722, § 1, p. 2752;
R.S.1943, (1981), § 79-4,151;
Laws 1983, LB 71, § 14;
Laws 2010, LB279, § 3;
Laws 2019, LB193, § 90.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-925 - Municipal plan; planning commission; authorized.

19-925.
Municipal plan; planning commission; authorized.
Any city of the first class, city of the second class, or village is hereby authorized and empowered to make, adopt, amend, extend, and carry out a municipal plan as provided in sections 19-925 to 19-933 and to create by ordinance a planning commission with the powers and duties set forth in such sections. The planning commission of a city shall be designated the city planning commission or city plan commission, and the planning commission of a village shall be designated the village planning commission or village plan commission.
Source
Laws 1937, c. 39, § 2, p. 176;
C.S.Supp.,1941, § 18-2102;
R.S.1943, (1983), § 18-1302;
Laws 1993, LB 207, § 2;
Laws 2019, LB193, § 91.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-927 - Planning commission; organization; meetings; rules and regulations; records.

19-927.
Planning commission; organization; meetings; rules and regulations; records.
The planning commission of a city of the first class, city of the second class, or village shall elect its chairperson from its members and create and fill such other of its offices as it may determine. The term of the chairperson shall be one year, and he or she shall be eligible for reelection. The commission shall hold at least one regular meeting in each calendar quarter, except as provided in this section. The city council or village board of trustees may require the commission to meet more frequently and the chairperson of the commission may call for a meeting when necessary to deal with business pending before the commission. If no business is pending before the commission, the chairperson may cancel a quarterly meeting, but no more than three quarterly meetings may be canceled per calendar year. The commission shall adopt rules and regulations for the transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which shall be a public record.
Source
Laws 1937, c. 39, § 4, p. 177;
C.S.Supp.,1941, § 18-2104;
R.S.1943, (1983), § 18-1304;
Laws 1997, LB 426, § 1;
Laws 2019, LB193, § 93;
Laws 2020, LB1003, § 181.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-928 - Planning commission; funds, equipment, and accommodations; limit upon expenditures.

19-928.
Planning commission; funds, equipment, and accommodations; limit upon expenditures.
The city council or village board of trustees may provide the funds, equipment, and accommodations necessary for the work of the planning commission of a city of the first class, city of the second class, or village, but the expenditures of the commission, exclusive of gifts, shall be within the amounts appropriated for that purpose by the city council or village board of trustees. No expenditures or agreements for expenditures shall be valid in excess of such amounts.
Source
Laws 1937, c. 39, § 5, p. 177;
C.S.Supp.,1941, § 18-2105;
R.S.1943, (1983), § 18-1305;
Laws 2019, LB193, § 94.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-930 - Interjurisdictional planning commission; assume powers and duties of planning commission; when.

19-930.
Interjurisdictional planning commission; assume powers and duties of planning commission; when.
(1) For any matter within the jurisdiction of a planning commission of a city of the first class, city of the second class, or village relating to that portion of the extraterritorial zoning jurisdiction of the city or village as defined in section 16-901 or 17-1001 which is within a county other than the county in which the city or village is located, the powers, duties, responsibilities, and functions of the planning commission of the city or village with regard to such matter shall be assumed by the interjurisdictional planning commission of the city or village established under section 19-931 when the formation of such a commission is requested by either the city or village or the county within which the city or village is not located as provided in subsection (2) of this section.
(2) Any city or village exercising extraterritorial zoning jurisdiction as defined in section 16-901 or 17-1001 within a county other than the county within which the city or village is located or the county within which such city or village is exercising extraterritorial zoning jurisdiction may, by formal resolution of a majority of the voting members of the city council, village board of trustees, or county board, request the formation of an interjurisdictional planning commission to exercise the jurisdiction granted by sections 19-930 to 19-933. Such resolution shall be transmitted to the appropriate city or village or county and its receipt formally acknowledged.
Source
Laws 1993, LB 207, § 4;
Laws 2019, LB193, § 96.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-931 - Interjurisdictional planning commission; members; term; vacancies.

19-931.
Interjurisdictional planning commission; members; term; vacancies.
The interjurisdictional planning commission of a city of the first class, city of the second class, or village shall consist of six members. Three members shall be chosen from the membership of the planning commission of the city or village by the mayor with the approval of the city council or by the chairperson of the village board of trustees with the approval of the village board of trustees. Three members shall be chosen by the county board of the county within which the city or village exercises zoning jurisdiction under the circumstances specified in section 19-930. The three members chosen by the county board shall be members of the county planning commission as described in section 23-114.01. Members of the interjurisdictional planning commission shall serve without compensation and without reimbursement for expenses incurred pursuant to carrying out sections 19-930 to 19-933 for terms of one year. Members shall hold office until their successors are appointed and qualified. Vacancies shall be filled by appointment by the body which appointed the member creating the vacancy.
Source
Laws 1993, LB 207, § 5;
Laws 2019, LB193, § 97.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-932 - Interjurisdictional planning commission; creation; elimination.

19-932.
Interjurisdictional planning commission; creation; elimination.
A city or village exercising extraterritorial zoning jurisdiction under the circumstances set out in section 19-930 shall create an interjurisdictional planning commission by ordinance within sixty days after the formal passage of a resolution pursuant to subsection (2) of section 19-930. All matters filed with the city or village within ninety days after such date which are properly within the jurisdiction of the interjurisdictional planning commission shall, after the effective date of the ordinance, be referred to such commission until such time as both the city or village and the county agree by majority vote of each governing body to eliminate the interjurisdictional planning commission and transfer its jurisdiction to the planning commission of the city or village.
Source
Laws 1993, LB 207, § 6;
Laws 2019, LB193, § 98.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-933 - Sections; applicability.

19-933.
Sections; applicability.
The provisions of sections 19-930 to 19-932 shall not apply in a county within which the interjurisdictional planning commission would exercise jurisdiction if such county does not exercise the authority granted by section 23-114.
Source
Laws 1993, LB 207, § 7.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-1101 - City treasurer or village treasurer; report for fiscal year; publication.

19-1101.
City treasurer or village treasurer; report for fiscal year; publication.
The city treasurer or village treasurer of each city or village that has a population of not more than one hundred thousand inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census shall prepare and publish annually within sixty days after the close of its municipal fiscal year a statement of the receipts and expenditures of funds of the city or village for the preceding fiscal year. The statement shall also include the information required by subsection (3) of section 16-318 or subsection (2) of section 17-606. Not more than the legal rate provided for in section 33-141 shall be charged and paid for such publication.
Source
Laws 1919, c. 183, § 2, p. 410;
C.S.1922, § 4377;
C.S.1929, § 17-575;
R.S.1943, § 19-1101;
Laws 1959, c. 66, § 1, p. 292;
Laws 1992, LB 415, § 2;
Laws 2013, LB112, § 5;
Laws 2017, LB113, § 29;
Laws 2019, LB193, § 99.
Cross References
City of the first class, receipts and expenditures, publication requirements, see section 16-722.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-1102 - City clerk or village clerk; proceedings of city council or village board of trustees; publication; contents.

19-1102.
City clerk or village clerk; proceedings of city council or village board of trustees; publication; contents.
It shall be the duty of each city clerk or village clerk in every city or village having a population of not more than one hundred thousand inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census to prepare and publish the official proceedings of the city council or village board of trustees within thirty days after any meeting of the city council or village board of trustees. The publication shall be in a legal newspaper in or of general circulation in the city or village, shall set forth a statement of the proceedings of the meeting, and shall also include the amount of each claim allowed, the purpose of the claim, and the name of the claimant, except that the aggregate amount of all payroll claims may be included as one item. Between July 15 and August 15 of each year, the employee job titles and the current annual, monthly, or hourly salaries corresponding to such job titles shall be published. Each job title published shall be descriptive and indicative of the duties and functions of the position. The charge for the publication shall not exceed the rates provided for in section 23-122.
Source
Laws 1919, c. 183, § 1, p. 410;
C.S.1922, § 4376;
C.S.1929, § 17-574;
R.S.1943, § 19-1102;
Laws 1975, LB 193, § 1;
Laws 1992, LB 415, § 3;
Laws 2017, LB113, § 30;
Laws 2019, LB193, § 100.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-1103 - Reports and proceedings; how published; cost.

19-1103.
Reports and proceedings; how published; cost.
Publication under sections 19-1101 and 19-1102 shall be made in one legal newspaper in or of general circulation in such city or village. If no legal newspaper in or of general circulation is published in the city or village, then such publication shall be made in one legal newspaper published in or of general circulation within the county in which such city or village is located. The cost of publication shall be paid out of the general funds of such city or village.
Source
Laws 1919, c. 183, § 3, p. 410;
C.S.1922, § 4378;
C.S.1929, § 17-576;
R.S.1943, § 19-1103;
Laws 1986, LB 960, § 13;
Laws 2019, LB193, § 101.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-1104 - Violations; penalty.

19-1104.
Violations; penalty.
Any city clerk, village clerk, city treasurer, or village treasurer failing or neglecting to comply with sections 19-1101 to 19-1103 shall be deemed guilty of a misdemeanor and shall, upon conviction, be fined, not to exceed twenty-five dollars, and be liable, in addition to removal from office for such failure or neglect.
Source
Laws 1919, c. 183, § 4, p. 410;
C.S.1922, § 4379;
C.S.1929, § 17-577;
R.S.1943, § 19-1104;
Laws 2019, LB193, § 102.