reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 22 - Counties › 22-411 - Approval of consolidation; salary determinations.

22-411.
Approval of consolidation; salary determinations.
Following approval of the consolidation of county or township offices and prior to January 15 of the year in which the general election is held for consolidated offices, the county boards of each county included within such consolidation shall, by joint or concurrent action, establish the salary to be paid to the holder of the consolidated office and shall apportion such salary among the counties in the proportion that the population in each county bears to the population in all such counties or according to the consolidation agreement. In establishing salaries for a consolidated office, the county boards shall use the population of the counties involved according to the most recent federal decennial census. Minimum annual salaries are established by sections 23-1114.02 to 23-1114.07, and the combined population of the counties involved shall be used to determine the class pursuant to section 23-1114.01. The county boards shall further agree upon the actual payment of such salary by a single county and the monthly remittance to such paying county of the proportionate share of each of the other counties.
Source
Laws 1969, c. 139, § 4, p. 639;
Laws 1971, LB 44, § 5;
Laws 1996, LB 1085, § 23.
2023 Nebraska Revised Statutes › Chapter 22 - Counties › 22-412 - Candidates for consolidated office; election; procedure.

22-412.
Candidates for consolidated office; election; procedure.
Candidates for the consolidated office shall file with the county clerk or election commissioner of their county of residence. The names of such candidates shall be certified to the appropriate office of each of the other counties to be placed on the primary ballot. At the primary election following the approval of the consolidation of county or township offices, and in the year prior to the expiration of the office or offices consolidated, the two candidates receiving the greater number of votes for the position of consolidated nonpartisan office shall be nominated. If the consolidated office is under the laws of this state a partisan office, the candidate receiving the greatest number of votes for each political party shall be nominated. The election commissioner or county clerk shall certify the results of the primary election, as well as of the ensuing general election, from his or her county to the election commissioner or county clerk of the county having the largest population involved in the consolidation who shall certify the winner to each of the other counties.
Source
Laws 1969, c. 139, § 5, p. 640;
Laws 1971, LB 44, § 6;
Laws 1996, LB 1085, § 24.
2023 Nebraska Revised Statutes › Chapter 22 - Counties › 22-413 - Consolidated office; officer; bond; conditions; filing.

22-413.
Consolidated office; officer; bond; conditions; filing.
An officer of the consolidated counties shall file the same bond required of the same office in a county having a population equivalent to the population of the consolidated counties. Such bond shall be filed in the office of the county clerk of the county designated to make actual payment of his salary and approved by the board of such county. The fact of such filing and approval shall be certified to the county clerk of each of the other consolidated counties.
Source
Laws 1969, c. 139, § 6, p. 640;
Laws 1971, LB 44, § 7.
2023 Nebraska Revised Statutes › Chapter 22 - Counties › 22-415 - Officer of consolidated county; legal advisor.

22-415.
Officer of consolidated county; legal advisor.
For the purpose of securing necessary legal advice and legal services, the officer of consolidated counties shall be entitled to call upon the county attorney in the county who would have been obligated to provide such advice and services in the particular situation if there were a county officer rather than a consolidated county officer.
Source
Laws 1969, c. 139, § 8, p. 640.
2023 Nebraska Revised Statutes › Chapter 22 - Counties › 22-416 - Consolidated office; withdrawal of county; procedure; effect.

22-416.
Consolidated office; withdrawal of county; procedure; effect.
The question of the withdrawal of a county from an agreement for the joint performance of common functions or services or the consolidation of county or township offices shall be placed on the ballot for submission to the voters upon the petition of registered voters equal in number, in the county desiring to so withdraw, to ten percent of the total vote cast for Governor in such county at the preceding general election. The registered voters signing such petitions shall be so distributed as to include ten percent of the registered voters of each of one-half of the voting precincts in the county. Such petitions shall be filed with the election commissioner or county clerk of the county proposed to be withdrawn from the agreement not later than four months preceding the next general election or at a special election. The election commissioner or county clerk shall examine the petitions filed in his or her office to determine whether they are in proper form and signed by a sufficient number of registered voters. Not later than thirty days after the petitions are filed in his or her office, he or she shall certify the determination to the election commissioner or county clerk of each county which is part of the agreement. If the petitions are in proper form and signed by a sufficient number of registered voters, the question of the withdrawal of the county from the agreement shall be placed on the ballot in the county proposed to be withdrawn from the agreement at the next general election or at a special election called for such purpose and held at least four months after the filing of the petitions. A majority of all votes cast in the affirmative on the question shall be necessary for the withdrawal of the county from the agreement. The election commissioner or county clerk of the county which votes to withdraw from the agreement shall certify the results of the election to the other counties in the agreement. If the agreement involved the consolidation of offices, such withdrawal shall only be effective at the expiration of a term of office of the consolidated counties.
Source
Laws 1969, c. 139, § 9, p. 640;
Laws 1971, LB 44, § 8;
Laws 1996, LB 1085, § 25;
Laws 1997, LB 269, § 27.
2023 Nebraska Revised Statutes › Chapter 22 - Counties › 22-417 - Consolidation of county offices; powers and duties; procedure; hearing; ballot; form; election; term.

22-417.
Consolidation of county offices; powers and duties; procedure; hearing; ballot; form; election; term.
(1) Any county may consolidate the office of clerk of the district court, county assessor, county clerk, county engineer, county surveyor, or register of deeds, except that the consolidated officeholder shall meet the qualifications of each office as required by law. The consolidated office shall have the powers and duties provided by law for each office consolidated. The county board may adopt a resolution for the consolidation of any of such offices and submit the issue of the consolidated office to the registered voters for approval at the next general election or at a special election called for such purpose. The county board shall hold a public hearing prior to adoption of a resolution for the consolidation of offices and shall give notice of the hearing by publication in a newspaper of general circulation in the county once each week for three consecutive weeks prior to the hearing. Final publication shall be within seven calendar days prior to the hearing. The notice shall describe the offices to be consolidated and that the holder of the offices to be consolidated shall have his or her term of office end on the first Thursday after the first Tuesday in January following the general election in which the holder of the consolidated office is elected.
(2) The county board shall adopt the resolution for the consolidation of offices by majority vote of the board and shall submit the issue of consolidation to the registered voters for approval at the next general election or at a special election called for such purpose. For each consolidated office submitted for approval, the question shall be submitted to the voters in substantially the following form:
"Shall (name of each office proposed to be consolidated) be consolidated into one consolidated office according to the resolution adopted by the county board of (name of county) on (date of adoption of the resolution by the county board)? Yes No".
(3) If the majority of the registered voters in the county voting on the question vote in favor of consolidation, the consolidated office shall be filled at the next general election, and the terms of the incumbents shall end on the first Thursday after the first Tuesday in January following the general election in which the holder of the consolidated office is elected.
(4) The term of a consolidated officer shall be four years or until his or her successor is elected and qualified, except that the term of a consolidated officer elected in the year 2000 or any fourth year thereafter shall be two years or until his or her successor is elected and qualified.
(5) Any election under this section shall be in accordance with the Election Act.
Source
Laws 1996, LB 1085, § 26;
Laws 1997, LB 269, § 28.
Cross References
Election Act, see section 32-101.
2023 Nebraska Revised Statutes › Chapter 22 - Counties › 22-418 - Consolidation of counties, offices, or services; county board; duty.

22-418.
Consolidation of counties, offices, or services; county board; duty.
Each county board shall, by January 1, 1998, examine the question of whether property taxes might be reduced through consolidation of counties, offices, or services with another county. The examination shall include a public hearing and a fiscal estimate of property tax savings, if any, anticipated by a consolidation.
Source
Laws 1996, LB 1085, § 10.
2023 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).
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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).
2023 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).
2023 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.
2023 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).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-109 - Claims; audit; settlement; imprest system of accounting.

23-109.
Claims; audit; settlement; imprest system of accounting.
(1) The county board shall have power to examine and settle all accounts against the county and all accounts concerning the receipts and expenditures of the county.
(2) The county board may adopt by resolution an imprest system of accounting for the county and authorize the county clerk to establish an imprest vendor, payroll, or other account for the payment of county warrants in accordance with any guidelines issued by the Auditor of Public Accounts.
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. 74;
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. 237;
Laws 1939, c. 28, § 5, p. 145;
Laws 1941, c. 48, § 2, p. 236;
C.S.Supp.,1941, § 26-105;
Laws 1943, c. 57, § 1(5), p. 225;
R.S.1943, § 23-109;
Laws 1997, LB 34, § 1.
Annotations
Even though county board acts ministerially in allowing claim, it has authority to deduct unpaid personal taxes. State ex rel. Bates v. Morgan, 154 Neb. 234, 47 N.W.2d 512 (1951).
Board may audit and settle claims when work is completed though no warrant may issue until after levy has been made. Central Bridge & Construction Co. v. Saunders County, 106 Neb. 484, 184 N.W. 220 (1921).
Claims for tort or for unliquidated damages may be filed with county board. Wherry v. Pawnee County, 88 Neb. 503, 129 N.W. 1013 (1911).
County boards are given power to examine and settle all accounts against the county. Cass County v. Sarpy County, 83 Neb. 435, 119 N.W. 685 (1909).
Allowance of claims when no money is in treasury or tax levy made does not exceed powers. State ex rel. McDonald v. Farrington, 80 Neb. 628, 114 N.W. 1100 (1908).
Power to act upon claims is derived from this section. State ex rel. Thomas Clock Co. v. Board of County Comrs. of Cass County, 60 Neb. 566, 83 N.W. 733 (1900).
Order disallowing claims, reconsidered, is not an adjudication. Dean v. Saunders County, 55 Neb. 759, 76 N.W. 450 (1898).
Board acts judicially in allowance of claims. Heald v. Polk County, 46 Neb. 28, 64 N.W. 376 (1895).
Board may disallow claims. Boone County v. Armstrong, 23 Neb. 764, 37 N.W. 626 (1888).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-110 - City or village plat; vacation.

23-110.
City or village plat; vacation.
The county board shall have power to authorize the vacation of any city or village plat when the same is not within an incorporated city or village, on the petition of two-thirds of the owners thereof.
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. 74;
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. 237;
Laws 1939, c. 28, § 5, p. 145;
Laws 1941, c. 48, § 2, p. 236;
C.S.Supp.,1941, § 26-105;
Laws 1943, c. 57, § 1(6), p. 225;
R.S.1943, § 23-110.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-111 - City or village plat; change; when authorized.

23-111.
City or village plat; change; when authorized.
The county board shall have power to change the name of any city or village plat on the petition of a majority of the local voters residing therein, when the inhabitants thereof have not become a body corporate.
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. 74;
C.S.1922, § 852;
Laws 1925, c. 93, § 1, p. 273;
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. 237;
Laws 1939, c. 28, § 5, p. 145;
Laws 1941, c. 48, § 2, p. 236;
C.S.Supp.,1941, § 26-105;
Laws 1943, c. 57, § 1(7), p. 225;
R.S.1943, § 23-111.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-112 - Claims or judgments; power to compromise.

23-112.
Claims or judgments; power to compromise.
The county board shall have power to settle by compromise or by accepting in full settlement thereof less than the face or full amount on any claim, judgment or demand in favor of the county, on which said claim, judgment or demand no payment or payments have been made or recovered during a full period of five years from and after the date or dates on which said claim, judgment or demand became due and enforceable, and execute full acquittance or receipt for said claim, judgment or demand, or to sell, at public or private sale, any claim, judgment or demand in favor of a county for cash, at the best price obtainable in the judgment of said board, and execute and deliver a proper transfer or assignment of said claim, judgment or demand so sold;
Provided,
that no member of the board may be personally interested, directly or indirectly, in the purchase of any such claim, judgment or demand.
Source
Laws 1915, c. 17, § 1, p. 74;
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. 237;
Laws 1939, c. 28, § 5, p. 145;
Laws 1941, c. 48, § 2, p. 235;
C.S.Supp.,1941, § 26-105;
Laws 1943, c. 57, § 1(8), p. 225;
R.S.1943, § 23-112.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-113.03 - County board; general duties.

23-113.03.
County board; general duties.
The county board shall have power as a board, or as individuals, to perform such other duties as may from time to time be imposed by general law.
Source
Laws 1943, c. 57, § 1(14), p. 227;
R.S.1943, § 23-116.02;
R.S.1943, (1987), § 23-116.02.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-114.02 - Comprehensive development plan; contents.

23-114.02.
Comprehensive development plan; contents.
The general plan for the improvement and development of the county shall be known as the comprehensive development plan and shall, among other elements, include:
(1) A land-use element which designates the proposed general distribution, general location, and extent of the uses of land for agriculture, housing, commerce, industry, recreation, education, public buildings and lands, and other categories of public and private use of land;
(2) The general location, character, and extent of existing and proposed major streets, roads, and highways, and air and other transportation routes and facilities;
(3) When a new comprehensive plan or a full update to an existing comprehensive plan is developed, an energy element which: Assesses energy infrastructure and energy use by sector, including residential, commercial, and industrial sectors; evaluates utilization of renewable energy sources; and promotes energy conservation measures that benefit the community; and
(4) The general location, type, capacity, and area served of present and projected or needed community facilities including recreation facilities, schools, libraries, other public buildings, and public utilities and services.
The comprehensive development plan shall consist of both graphic and textual material and shall be designed to accommodate anticipated long-range future growth which shall be based upon documented population and economic projections.
Source
Laws 1967, c. 117, § 3, p. 368;
Laws 2010, LB997, § 4;
Laws 2020, LB731, § 4.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-114.04 - Zoning regulations; enforcement; county zoning administrator; appoint; compensation; permits; fees.

23-114.04.
Zoning regulations; enforcement; county zoning administrator; appoint; compensation; permits; fees.
(1) The county board shall provide for enforcement of the zoning regulations within its county by requiring the issuance of permits prior to the erection, construction, reconstruction, alteration, repair, or conversion of any nonfarm building or structure within a zoned area, and the county board may provide for the withholding of any permit if the purpose for which it is sought would conflict with zoning regulations adopted for the particular district in which the building or structure is situated or in which it is proposed to be erected. All plats for subdivisions in the area outside the corporate limits of cities and villages and outside of an unincorporated area wherein a city or village has been granted subdivision jurisdiction and is exercising such jurisdiction must be approved by the county planning commission.
(2) The county board may establish and appoint a county zoning administrator, who may also serve as a building inspector, and may fix his compensation or may authorize any administrative official of the county to assume the functions of such position in addition to his regular duties. The county board may also fix a reasonable schedule of fees for the issuance of permits under the provisions of subsection (1) of this section. The permits shall not be issued unless the plans of and for the proposed erection, construction, reconstruction, alteration, use or change of use, including sanitation, plumbing and sewage disposal, are filed in writing in the building inspector's office and such plans fully conform to all zoning regulations then in effect.
Source
Laws 1967, c. 117, § 5, p. 370;
Laws 1975, LB 410, § 23.
Annotations
The purpose of a building permit is to ensure compliance with zoning regulations, which compliance should be obtained before construction of the building or structure. Dowd Grain Co. v. County of Sarpy, 19 Neb. App. 550, 810 N.W.2d 182 (2012).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-114.05 - County zoning; violations; penalty; injunction.

23-114.05.
County zoning; violations; penalty; injunction.
The erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use of any building, structure, automobile trailer, or land in violation of sections 23-114 to 23-114.04, 23-168.01 to 23-168.04, 23-172 to 23-174, 23-174.02, 23-373, and 23-376 or of any regulation made by the county board under such sections shall be a misdemeanor. Any person, partnership, limited liability company, association, club, or corporation violating such sections or any regulation of the county board or erecting, constructing, reconstructing, altering, or converting any structure without having first obtained a permit shall be guilty of a Class III misdemeanor. Each day such violation continues after notice of violation has been given to the offender may be considered a separate offense. In addition to other remedies, the county board or the proper local authorities of the county, as well as any owner or owners of real estate within the district affected by the regulations, may institute any appropriate action or proceedings to prevent such unlawful construction, erection, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct, or abate such violation, or to prevent the illegal act, conduct, business, or use in or about such premises. Any taxpayer or taxpayers of the county may institute proceedings to compel specific performance by the proper official or officials of any duty imposed by such sections or in resolutions adopted pursuant to such sections.
Source
Laws 1967, c. 117, § 6, p. 370;
Laws 1975, LB 410, § 24;
Laws 1977, LB 40, § 83;
Laws 1991, LB 15, § 10;
Laws 1993, LB 121, § 162;
Laws 1999, LB 822, § 6;
Laws 2012, LB709, § 3.
Annotations
The plain language of this section establishes that an appeal to a board of adjustment is not the exclusive remedy for challenging a land use alleged to be in violation of zoning regulations. Conley v. Brazer, 278 Neb. 508, 772 N.W.2d 545 (2009).
This section provides a procedure whereby "affected" owners of real estate may petition to enjoin proposed solid waste disposal operations alleged to be in violation of county zoning ordinances. Omaha Fish and Wildlife Club, Inc. v. Community Refuse, Inc., 208 Neb. 110, 302 N.W.2d 379 (1981).
County brought action hereunder against municipal airport authority seeking to enforce county zoning regulations. Seward County Board of Commissioners v. City of Seward, 196 Neb. 266, 242 N.W.2d 849 (1976).
Since a request for specific performance is outside the scope of a petition in error, a proceeding for specific performance under this section may not be instituted by a petition in error. Griess v. Clay Cty. Bd. of Supervisors, 11 Neb. App. 910, 662 N.W.2d 638 (2003).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-114.06 - County planning commission; notice to military installation.

23-114.06.
County planning commission; notice to military installation.
When a county planning commission appointed pursuant to section 23-114.01 is considering the adoption or amendment of a zoning ordinance or the approval of the platting or replatting of any development of real estate, the commission shall notify any military installation which is located within the county if the county has received a written request for such notification from the military installation. The county planning commission shall deliver the notification to the military installation at least ten days prior to the meeting of the county planning commission at which the proposal is to be considered.
Source
Laws 2010, LB279, § 4.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-116 - Insect pests; plant diseases; control; cooperation with federal and state agencies.

23-116.
Insect pests; plant diseases; control; cooperation with federal and state agencies.
The county board shall have power to cooperate with the Nebraska Department of Agriculture, the University of Nebraska Institute of Agriculture and Natural Resources, or the United States Department of Agriculture in the control or eradication of insect pests or plant diseases for the protection of agricultural or horticultural crops within the county and to expend money from the general fund for this purpose.
Source
Laws 1941, c. 48, § 2, p. 237;
C.S.Supp.,1941, § 26-105;
Laws 1943, c. 57, § 1(12), p. 227;
R.S.1943, § 23-116;
Laws 1969, c. 146, § 1, p. 703;
Laws 1991, LB 663, § 33.