reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1736 - Classified service; political activity; prohibited.

23-1736.
Classified service; political activity; prohibited.
No person serving in the classified service under sections 23-1721 to 23-1736 shall actively participate in any campaign conducted by any candidate for public office while on duty or while in uniform.
Source
Laws 1969, c. 140, § 16, p. 647;
Laws 2003, LB 222, § 12.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1801 - Inquest; when authorized; coroner's jury; compensation.

23-1801.
Inquest; when authorized; coroner's jury; compensation.
(1) The coroner shall hold an inquest upon the dead bodies of such persons only as are supposed to have died by unlawful means. When the coroner has notice of the presence in the county of the body of a person supposed to have died by unlawful means, the coroner may, at his or her discretion, issue a warrant to a sheriff of the county requiring the sheriff to summon six residents of the county to appear before the coroner at a time and place named in the warrant.
(2) Each juror shall receive for each day employed in the discharge of his or her duty the sum of twenty dollars to be paid by certificate drawn by the coroner on the general funds of the county.
(3) A juror may voluntarily waive payment under this section for his or her service as a juror.
Source
Laws 1879, § 97, p. 380;
R.S.1913, § 5663;
Laws 1915, c. 101, § 1, p. 244;
C.S.1922, § 4993;
Laws 1923, c. 109, § 1, p. 267;
C.S.1929, § 26-1502;
R.S.1943, § 23-1801;
Laws 1979, LB 80, § 69;
Laws 1987, LB 313, § 2;
Laws 1988, LB 1030, § 7;
Laws 2012, LB865, § 2.
Annotations
This article is incorporated into law which requires the county attorney to perform the duties of coroner. State ex rel. Crosby v. Moorhead, 100 Neb. 298, 159 N.W. 412 (1916).
Coroner has jurisdiction, though person may have been injured or died in another county. Moore v. Box Butte County, 78 Neb. 561, 111 N.W. 469 (1907).
Coroner can lawfully hold inquest upon bodies of persons supposed to have died by unlawful means. He is not entitled to fees unless a jury is summoned. Lancaster County v. Holyoke, 37 Neb. 328, 55 N.W. 950 (1893).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1802 - Inquest; warrant; form.

23-1802.
Inquest; warrant; form.
The warrant may be in substance as follows: The State of Nebraska, ............. County. To any sheriff of such county:
In the name of the people of the State of Nebraska, you are hereby required to summon six residents of your county to appear before me at .........., on the ...... day of .......... 20...., then and there to hold an inquest upon the dead body of ................, there lying, and by what means such person died. Witness my hand this ...... day of ........ A.D. 20.... . ........... Coroner.
Source
Laws 1879, § 98, p. 381;
R.S.1913, § 5664;
C.S.1922, § 4994;
C.S.1929, § 26-1503;
R.S.1943, § 23-1802;
Laws 1979, LB 80, § 70;
Laws 1988, LB 1030, § 8;
Laws 2004, LB 813, § 8.
Annotations
Jurors must obey venire of coroner, and are entitled to fees though it was unnecessary to summon them. Moore v. Box Butte County, 78 Neb. 561, 111 N.W. 469 (1907).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1803 - Inquest; warrant; execution.

23-1803.
Inquest; warrant; execution.
The sheriff shall execute the warrant and make return thereof at the time and place therein named.
Source
Laws 1879, § 99, p. 381;
R.S.1913, § 5665;
C.S.1922, § 4995;
C.S.1929, § 26-1504;
R.S.1943, § 23-1803;
Laws 1988, LB 1030, § 9.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1804 - Inquest; coroner's jury; vacancies; oath.

23-1804.
Inquest; coroner's jury; vacancies; oath.
If any juror fails to appear, the coroner shall cause the proper number to be summoned or returned from the bystanders immediately, and proceed to impanel them and administer the following oath in substance: You do solemnly swear that you will diligently inquire and true presentment make, when, how, and by what means the person whose body lies here dead came to his or her death, according to your knowledge and the evidence given you, so help you God.
Source
Laws 1879, § 100, p. 381;
R.S.1913, § 5666;
C.S.1922, § 4996;
C.S.1929, § 26-1505;
R.S.1943, § 23-1804;
Laws 1979, LB 80, § 71.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1805 - Inquest; juror; refusal to serve; penalty.

23-1805.
Inquest; juror; refusal to serve; penalty.
Whoever, being so summoned as a juror, fails or refuses, without good cause, to attend at the time and place required, or, appearing, refuses to act as such juror, or misbehaves while acting as such juror, shall, on complaint of the coroner before the county court, be fined not less than three nor more than twenty dollars.
Source
Laws 1879, § 101, p. 381;
R.S.1913, § 5667;
C.S.1922, § 4997;
C.S.1929, § 26-1506;
R.S.1943, § 23-1805;
Laws 1972, LB 1032, § 113.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1806 - Inquest; subpoenas; power to issue.

23-1806.
Inquest; subpoenas; power to issue.
The coroner may issue subpoenas within the county for witnesses, returnable forthwith, or at such time and place as the coroner shall therein direct.
Source
Laws 1879, § 102, p. 382;
R.S.1913, § 5668;
C.S.1922, § 4998;
C.S.1929, § 26-1507;
R.S.1943, § 23-1806;
Laws 1979, LB 80, § 72.
Annotations
Witness must obey subpoena, and can draw fees though inquest was unnecessary. Moore v. Box Butte County, 78 Neb. 561, 111 N.W. 469 (1907).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1807 - Inquest; witnesses; oath.

23-1807.
Inquest; witnesses; oath.
An oath shall be administered to the witnesses in substance as follows: You do solemnly swear that the testimony which you shall give to this inquest, concerning the death of the person here lying dead, shall be the truth, the whole truth, and nothing but the truth, so help you God.
Source
Laws 1879, § 103, p. 382;
R.S.1913, § 5669;
C.S.1922, § 4999;
C.S.1929, § 26-1508;
R.S.1943, § 23-1807.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1808 - Inquest; witnesses; recognizance for appearance in district court.

23-1808.
Inquest; witnesses; recognizance for appearance in district court.
If the evidence of any witness shall implicate any person as the unlawful slayer of the person over whom the said inquisition shall be held, the coroner shall recognize such witness, in such sum as the coroner may think proper, to be and appear at the next term of the district court for the said county, there to give evidence of the matter in question and not depart without leave. Such recognizance shall be in the same form, as nearly as practicable, and have the same effect as recognizances taken in county court in cases of felony.
Source
Laws 1879, § 104, p. 382;
R.S.1913, § 5670;
C.S.1922, § 5000;
C.S.1929, § 26-1509;
R.S.1943, § 23-1808;
Laws 1972, LB 1032, § 114;
Laws 1979, LB 80, § 73.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1809 - Inquest; verdict; form.

23-1809.
Inquest; verdict; form.
The jurors, having inspected the body, heard the testimony, and made all needful inquiries, shall return to the coroner their inquisition in writing, under their hands, in substance as follows, and stating the matter in the following form, as nearly as practicable:
State of Nebraska, ........... County. At an inquisition held at ............, in ............ County, on the .... day of ............ A.D. 20...., before me, ............, coroner of such county, upon the body of ........, lying dead, by the jurors whose names are hereto subscribed, the jurors upon their oath do say ......... (Here state when, how, or by what person, means, weapon, or accident the person came to his or her death, and whether feloniously). In testimony whereof the jurors have hereunto set their hands the day and year aforesaid. Attest: ..............., Coroner.
Source
Laws 1879, § 105, p. 382;
R.S.1913, § 5671;
C.S.1922, § 5001;
C.S.1929, § 26-1510;
R.S.1943, § 23-1809;
Laws 1979, LB 80, § 74;
Laws 2004, LB 813, § 9.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1810 - Inquest; verdict of murder or manslaughter; effect.

23-1810.
Inquest; verdict of murder or manslaughter; effect.
The verdict of the coroner's jury, charging any person with murder or manslaughter, shall have the same force and effect as the finding of a bill of indictment by the grand jury, until the case shall have been investigated by a grand jury, and they shall have made their return thereon.
Source
Laws 1879, § 115, p. 384;
R.S.1913, § 5672;
C.S.1922, § 5002;
C.S.1929, § 26-1511;
R.S.1943, § 23-1810.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1811 - Inquest; arrest; when authorized.

23-1811.
Inquest; arrest; when authorized.
If the person charged is present, the coroner may order his or her arrest by an officer or any other person present and shall then make a warrant requiring the officer or other person to take him or her before the county court for examination, or if the person charged is not present and the coroner believes the person can be taken, the coroner may issue a warrant to the sheriff requiring him or her to arrest the person and take the person charged before the county court for examination.
Source
Laws 1879, § 106, p. 383;
R.S.1913, § 5673;
C.S.1922, § 5003;
C.S.1929, § 26-1512;
R.S.1943, § 23-1811;
Laws 1972, LB 1032, § 115;
Laws 1979, LB 80, § 75;
Laws 1988, LB 1030, § 10.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1812 - Inquest; warrant of arrest; effect.

23-1812.
Inquest; warrant of arrest; effect.
The warrant of a coroner in the above-stated cases shall be of equal authority with that of the county court; and when the person charged is brought before the court, the person charged shall be dealt with as a person held under a complaint in the usual form.
Source
Laws 1879, § 107, p. 383;
R.S.1913, § 5674;
C.S.1922, § 5004;
C.S.1929, § 26-1513;
R.S.1943, § 23-1812;
Laws 1972, LB 1032, § 116;
Laws 1979, LB 80, § 76.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1813 - Inquest; warrant of arrest; contents.

23-1813.
Inquest; warrant of arrest; contents.
The warrant of the coroner shall recite substantially the verdict of the jury of inquest, and such warrant shall be a sufficient foundation for the proceedings of the justice instead of a complaint.
Source
Laws 1879, § 108, p. 383;
R.S.1913, § 5675;
C.S.1922, § 5005;
C.S.1929, § 26-1514;
R.S.1943, § 23-1813.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1814 - Inquest; return to district court; contents; duty.

23-1814.
Inquest; return to district court; contents; duty.
The coroner shall return to the district court the inquisition, the papers connected with the same, and a list of the names of witnesses who testified in the matter.
Source
Laws 1879, § 109, p. 383;
R.S.1913, § 5676;
C.S.1922, § 5006;
C.S.1929, § 26-1515;
R.S.1943, § 23-1814.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1815 - Inquest; personal property; discovery on or near body; disposition.

23-1815.
Inquest; personal property; discovery on or near body; disposition.
When any valuable personal property, money or papers are found upon or near the body upon which an inquest is held, the coroner shall take charge of the same and deliver the same to those entitled to its care or possession. If not claimed, or, if the same shall be necessary to defray expenses of the burial, the coroner shall, after giving ten days' notice of the time and place of sale, sell such property. After deducting funeral expenses, the coroner shall deposit the proceeds thereof, and the money and papers so found, with the county treasurer, taking receipt therefor, there to remain subject to the order of the legal representatives of the deceased, if claimed within five years thereafter, or if not claimed within that time, to vest in the school fund of the county.
Source
Laws 1879, § 110, p. 383;
R.S.1913, § 5677;
Laws 1915, c. 38, § 1, p. 109;
C.S.1922, § 5007;
C.S.1929, § 26-1516;
R.S.1943, § 23-1815;
Laws 1979, LB 80, § 77.
Annotations
Where coroner was sued by administrator of deceased person for value of personal property of deceased sold by coroner, he could set off amount paid for necessary funeral expenses of deceased. Lenderink v. Sawyer, 92 Neb. 587, 138 N.W. 744 (1912), L.R.A. 1915D 948 (1912), Ann. Cas. 1914A 261 (1912).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1816 - Inquest; body of deceased; disposition.

23-1816.
Inquest; body of deceased; disposition.
The coroner shall cause the body of each deceased person which the coroner is caused to view, to be delivered to the friends of the deceased, if there be any, but if there be none, the coroner shall cause the body to be decently buried and the expenses shall be paid from any property belonging to the deceased, or if there be none, from the county treasury, by warrant drawn thereon.
Source
Laws 1879, § 111, p. 384;
R.S.1913, § 5678;
C.S.1922, § 5008;
C.S.1929, § 26-1517;
R.S.1943, § 23-1816;
Laws 1979, LB 80, § 78.
Annotations
An undertaker who inters a dead body at request of coroner will be allowed compensation therefor, though inquest was unnecessary. Darling v. Box Butte County, 78 Neb. 564, 111 N.W. 470 (1907).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1817 - Coroner; duties; performance by sheriff.

23-1817.
Coroner; duties; performance by sheriff.
When there is no coroner, and in case of the coroner's absence or inability to act, the sheriff of the county is authorized to discharge the duties of coroner in relation to dead bodies.
Source
Laws 1879, § 112, p. 384;
R.S.1913, § 5679;
C.S.1922, § 5009;
C.S.1929, § 26-1518;
R.S.1943, § 23-1817;
Laws 1979, LB 80, § 79.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1818 - Inquest; surgeons; subpoena; when authorized.

23-1818.
Inquest; surgeons; subpoena; when authorized.
If the coroner or jury deem it necessary, for the purposes of an inquisition, to summon any surgeons, the coroner shall issue a subpoena for those preferred, the same as for any other witness.
Source
Laws 1879, § 113, p. 384;
R.S.1913, § 5680;
C.S.1922, § 5010;
C.S.1929, § 26-1519;
R.S.1943, § 23-1818.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1819 - Murder; warrant for arrest of suspect; when required.

23-1819.
Murder; warrant for arrest of suspect; when required.
The coroner is hereby authorized and required, on a request of a majority of the coroner's jury, to issue a warrant for any person suspected of having committed the crime of murder, and hold such person on said warrant until the inquest over the body is closed.
Source
Laws 1879, § 114, p. 384;
R.S.1913, § 5681;
C.S.1922, § 5011;
C.S.1929, § 26-1520;
R.S.1943, § 23-1819;
Laws 1979, LB 80, § 80.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1820 - Coroner's physician; appointment; when authorized; duties; compensation; mileage.

23-1820.
Coroner's physician; appointment; when authorized; duties; compensation; mileage.
In each county there is hereby created the office of coroner's physician, who shall be appointed by the coroner of the county and be removable by the coroner, at a salary or schedule of fees or both to be set by the county board and to be paid by the county. Such physician shall certify the cause of death in every case of death in such county not certified by an attending physician and shall perform or cause to be performed an autopsy when requested by the coroner or as provided in section 23-1824. Such physician shall perform such other services in aid of the coroner as shall be requested by the coroner and shall be reimbursed for mileage at the rate provided in section 81-1176 for each mile actually and necessarily traveled by the most direct route while in the performance of such physician's duties.
Source
Laws 1907, c. 35, § 1, p. 169;
R.S.1913, § 5682;
C.S.1922, § 5012;
Laws 1925, c. 97, § 1, p. 283;
Laws 1929, c. 109, § 1, p. 403;
C.S.1929, § 26-1521;
Laws 1933, c. 96, § 5, p. 385;
C.S.Supp.,1941, § 26-1521;
R.S.1943, § 23-1820;
Laws 1949, c. 44, § 1, p. 147;
Laws 1963, c. 121, § 1, p. 467;
Laws 1967, c. 125, § 3, p. 401;
Laws 1979, LB 80, § 81;
Laws 1981, LB 204, § 30;
Laws 1996, LB 1011, § 13;
Laws 1999, LB 46, § 2.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1821 - Death during apprehension or custody; notice required; penalty.

23-1821.
Death during apprehension or custody; notice required; penalty.
(1) Every hospital, emergency care facility, physician, nurse, emergency care provider, or law enforcement officer shall immediately notify the county coroner in all cases when it appears that an individual has died while being apprehended by or while in the custody of a law enforcement officer or detention personnel.
(2) Any person who violates this section shall be guilty of a Class IV misdemeanor.
Source
Laws 1988, LB 676, § 1;
Laws 1992, LB 1138, § 19;
Laws 1997, LB 138, § 33;
Laws 2020, LB1002, § 3.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1822 - Death during apprehension or custody; county coroner; duties.

23-1822.
Death during apprehension or custody; county coroner; duties.
In each instance when the county coroner is given notice in accordance with section 23-1821, the coroner or coroner's physician shall perform an examination, a test, or an autopsy as he or she may deem necessary to establish, by a reasonable degree of medical certainty, the cause or causes of death and shall thereafter certify the cause or causes of death to the presiding judge of the district court.
Source
Laws 1988, LB 676, § 2.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1823 - Death during apprehension or custody; powers.

23-1823.
Death during apprehension or custody; powers.
In the performance of his or her duties under section 23-1822, the county coroner may, when applicable, invoke any or all of the provisions of sections 23-1815, 23-1816, and 23-1820.
Source
Laws 1988, LB 676, § 3.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1824 - Minor; autopsy required; when; guidelines; reimbursement.

23-1824.
Minor; autopsy required; when; guidelines; reimbursement.
(1) The county coroner or coroner's physician shall perform, at county expense, an autopsy on any person less than nineteen years of age who dies a sudden death, except that no autopsy needs to be performed if (a) the death was caused by a readily recognizable disease or the death occurred due to trauma resulting from an accident and (b) the death did not occur under suspicious circumstances. The Attorney General shall create, by July 1, 2007, guidelines for county coroners or coroner's physicians regarding autopsies on persons less than nineteen years of age.
(2) The county coroner or coroner's physician shall attempt to establish, by a reasonable degree of medical certainty, the cause or causes of the death, and shall thereafter certify the cause or causes of death to the county attorney. No cause of death shall be certified as sudden infant death syndrome unless an autopsy, a death scene investigation, and a review of the child's medical history reveal no other possible cause.
(3) A county may request reimbursement of up to fifty percent of the cost of an autopsy from the Attorney General. Reimbursement requests may include, but not be limited to, costs for expert witnesses and complete autopsies, including toxicology screens and tissue sample tests. The Attorney General shall place an emphasis on autopsies of children five years of age and younger.
Source
Laws 1999, LB 46, § 1;
Laws 2006, LB 1113, § 20.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1825 - Organ and tissue donations; legislative findings.

23-1825.
Organ and tissue donations; legislative findings.
The Legislature finds and declares that it is in the public interest to facilitate organ and tissue donations pursuant to the Revised Uniform Anatomical Gift Act and thereby to increase the availability of organs and tissues for medical transplantation. To accomplish these purposes, the following constitutes the procedure to facilitate the recovery of organs and tissues from donors under the jurisdiction of a coroner within a time period compatible with the preservation of such organ or tissue for the purpose of transplantation.
Source
Laws 2008, LB246, § 1;
Laws 2010, LB1036, § 23.
Cross References
Revised Uniform Anatomical Gift Act, see section 71-4824.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1826 - Organ and tissue donations; terms, defined.

23-1826.
Organ and tissue donations; terms, defined.
For purposes of sections 23-1825 to 23-1832:
(1) Coroner means a coroner or his or her designated representative;
(2) Decedent means an individual with respect to whom a determination of death has been made pursuant to section 71-7202;
(3) Donor has the definition found in section 71-4825; and
(4) Preliminary investigation means an inquiry into whether any organs or tissues are necessary to determine the proximate cause or means of death.
Source
Laws 2008, LB246, § 2;
Laws 2010, LB1036, § 24.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1827 - Organ and tissue donations; preliminary investigation; access to information; release of organs or tissues; exception; presence for removal procedure.

23-1827.
Organ and tissue donations; preliminary investigation; access to information; release of organs or tissues; exception; presence for removal procedure.
(1) A coroner shall conduct a preliminary investigation of a decedent within the coroner's jurisdiction as soon as possible after notification by the hospital in which such decedent is located or the hospital to which such decedent is being transported. The coroner may designate the coroner's physician or another physician to conduct the preliminary investigation.
(2) The preliminary investigation shall be completed within a time period that is compatible with the preservation and recovery of organs or tissues for the purpose of transplantation.
(3) The coroner may request and shall have access to all necessary information including copies of medical records, laboratory test results, X-rays, and other diagnostic results. The information shall be provided as expeditiously as possible, through reasonable means, to permit the preliminary investigation to be completed within a time period compatible with the preservation and recovery of organs or tissues for the purpose of transplantation.
(4) Upon completion of the preliminary investigation, the coroner shall release all organs or tissues which have been donated or may yet be donated pursuant to the Revised Uniform Anatomical Gift Act except those that the coroner reasonably believes contain evidence of the proximate cause or means of death. If the coroner reasonably believes that a specific organ or tissue contains evidence of the proximate cause or means of death and the organ or tissue is otherwise subject to recovery as a donated organ or tissue pursuant to the Revised Uniform Anatomical Gift Act, the coroner or his or her designee shall be present for the removal procedure (a) to make a final determination that allows the recovery of the organs and tissues to proceed, (b) to request a biopsy, or (c) to deny removal of such organ or tissue if the coroner determines such organ or tissue contains evidence of the proximate cause or means of death. After a preliminary investigation is completed under this section, all organs or tissues compatible for transplantation, except any organs or tissues for which the coroner has denied recovery, may be recovered pursuant to the Revised Uniform Anatomical Gift Act.
Source
Laws 2008, LB246, § 3;
Laws 2010, LB1036, § 25.
Cross References
Revised Uniform Anatomical Gift Act, see section 71-4824.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1828 - Organ and tissue donations; failure to complete preliminary investigation; effect.

23-1828.
Organ and tissue donations; failure to complete preliminary investigation; effect.
If the coroner, coroner's physician, or other physician designated by the coroner fails to complete the preliminary investigation required under section 23-1827, or if the coroner fails to designate the coroner's physician or another physician to conduct and complete the preliminary investigation, within a time period compatible with the preservation of the organs and tissues for the purpose of transplantation, or if the coroner declines to conduct the preliminary investigation, any organ or tissue that is compatible for transplantation may be recovered pursuant to the Revised Uniform Anatomical Gift Act as though the donor was not within the coroner's jurisdiction.
Source
Laws 2008, LB246, § 4;
Laws 2010, LB1036, § 26.
Cross References
Revised Uniform Anatomical Gift Act, see section 71-4824.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1829 - Organ and tissue donations; denial of recovery; written report required.

23-1829.
Organ and tissue donations; denial of recovery; written report required.
If the coroner denies recovery of an organ or tissue, the coroner shall include in a written report the reasons such recovery was denied and provide the report within ten days to the federally designated organ procurement organization for Nebraska.
Source
Laws 2008, LB246, § 5;
Laws 2010, LB1036, § 27.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1830 - Organ and tissue donations; coroner's access to medical information, medical records, pathology reports, and the donor's body.

23-1830.
Organ and tissue donations; coroner's access to medical information, medical records, pathology reports, and the donor's body.
(1) If the coroner releases any organ or tissue for recovery, the coroner may request that a blood sample, a sample of catheterized urine, a sample of bile if the liver is recovered for the purpose of transplantation, a biopsy specimen in fixative of the organ or tissue procured, and copies of any photographs, pictures, or other diagrams of the organ or tissue made at the time of recovery be delivered to the coroner.
(2) A coroner shall have access to medical records, pathology reports, and the body of the donor following the recovery of any organ or tissue allowed under section 23-1827 or 23-1828.
Source
Laws 2008, LB246, § 6;
Laws 2010, LB1036, § 28.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1831 - Organ and tissue donations; report provided to coroner; contents.

23-1831.
Organ and tissue donations; report provided to coroner; contents.
Any physician or designated recovery personnel authorized by the federally designated organ procurement organization for Nebraska to recover any organ or tissue pursuant to section 23-1827 or 23-1828 shall provide to the coroner a report detailing the recovery of such organ or tissue and any known relationship to the proximate cause or means of death. If appropriate, such report shall include a biopsy or medically approved sample from the recovered organ or tissue and the results of any diagnostic testing performed upon the recovered organ or tissue. Such report shall become part of the coroner's report or coroner's physician's report.
Source
Laws 2008, LB246, § 7;
Laws 2010, LB1036, § 29.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1832 - Organ and tissue donations; immunity from criminal liability.

23-1832.
Organ and tissue donations; immunity from criminal liability.
A coroner, a coroner's designee, a coroner's physician or his or her designee, a facility at which an organ or tissue recovery took place pursuant to sections 23-1825 to 23-1832, any authorized recovery personnel, or any other person who acts in good faith in compliance with sections 23-1825 to 23-1832 shall be immune from criminal liability for recovery of any organ or tissue.
Source
Laws 2008, LB246, § 8;
Laws 2010, LB1036, § 30.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1901.01 - County surveyor; residency; appointment; when; qualifications; term.

23-1901.01.
County surveyor; residency; appointment; when; qualifications; term.
(1) A person need not be a resident of the county when he or she files for election as county surveyor, but if elected as county surveyor, such person shall reside in a county for which he or she holds office.
(2) In a county having a population of less than one hundred fifty thousand inhabitants in which the voters have voted against the election of a county surveyor pursuant to section 32-525 or in which no county surveyor has been elected and qualified, the county board of such county shall appoint a competent registered land surveyor who is registered pursuant to the Land Surveyors Regulation Act either on a full-time or part-time basis to such office. In making such appointment, the county board shall negotiate a contract with the surveyor, such contract shall specify the responsibility of the appointee to carry out the statutory duties of the office of county surveyor and shall specify the compensation of the surveyor for the performance of such duties, which compensation shall not be subject to section 33-116. A county surveyor appointed under this subsection shall serve the same term as that of an elected surveyor.
(3) A person appointed to the office of county surveyor in any county shall not be required to reside in the county of appointment.
Source
Laws 1951, c. 45, § 1, p. 161;
Laws 1979, LB 115, § 1;
Laws 1982, LB 127, § 3;
Laws 1986, LB 812, § 7;
Laws 1996, LB 1085, § 35;
Laws 2014, LB946, § 2;
Laws 2021, LB224, § 1.
Cross References
Land Surveyors Regulation Act, see section 81-8,108.01.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1901.02 - County surveyor; deputy; appointment; oath; duties.

23-1901.02.
County surveyor; deputy; appointment; oath; duties.
The county surveyor may appoint a deputy for whose acts he or she will be responsible. The surveyor may not appoint the county treasurer, sheriff, register of deeds, or clerk as deputy.
In counties having a population of one hundred thousand but less than one hundred fifty thousand, if the county surveyor is a professional engineer, he or she shall appoint as deputy a registered land surveyor or, if the county surveyor is a registered land surveyor, he or she shall appoint as deputy a professional engineer. This requirement shall not apply if the county surveyor is both a professional engineer and a registered land surveyor.
The appointment shall be in writing and revocable in writing by the surveyor. Both the appointment and revocation shall be filed and kept in the office of the county clerk.
The deputy shall take the same oath as the surveyor which shall be endorsed upon and filed with the certificate of appointment. The surveyor may require a bond of the deputy.
In the absence or disability of the surveyor, the deputy shall perform the duties of the surveyor pertaining to the office, but when the surveyor is required to act in conjunction with or in place of another officer, the deputy cannot act in the surveyor's place.
Source
Laws 1990, LB 821, § 15;
Laws 2017, LB200, § 2;
Laws 2022, LB791, § 2.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1903 - Witnesses; attendance and testimony; power to compel; fees.

23-1903.
Witnesses; attendance and testimony; power to compel; fees.
The county surveyor or his deputy, in the performance of his official duties, shall have the power to summon and compel the attendance of witnesses before him, to testify respecting the location and identification of any line or corner. When any such witness testifies to any material fact, his testimony must be reduced to writing and subscribed by him and made a matter of record. The county surveyor and his deputy are hereby authorized and empowered to administer oaths and affirmations to any person appearing as a witness before them. But the testimony as provided for herein shall never be used as evidence in any action involving corners or boundary lines, except for the purpose of impeachment. Each witness shall be entitled to the same fees allowed in county court.
Source
Laws 1913, c. 43, § 1, p. 142;
R.S.1913, § 5687;
Laws 1921, c. 138, § 1, p. 604;
C.S.1922, § 5017;
C.S.1929, § 26-1603;
R.S.1943, § 23-1903;
Laws 1972, LB 1032, § 117.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1904 - Surveyor's certificate; use as evidence; effect.

23-1904.
Surveyor's certificate; use as evidence; effect.
The certificate of the county surveyor of any survey made by him of any lands in the county shall be presumptive evidence of the facts stated therein, unless such surveyor shall be interested in the same.
Source
Laws 1913, c. 43, § 2, p. 142;
R.S.1913, § 5688;
C.S.1922, § 5018;
C.S.1929, § 26-1604;
R.S.1943, § 23-1904.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1905 - Surveyor; interest; disqualification; who may act.

23-1905.
Surveyor; interest; disqualification; who may act.
Whenever a survey of any lands or lots is required, in which the county surveyor is interested, such survey may be made by the surveyor of another county in like manner and to the same effect as though such survey had been made by the surveyor of the county where the land is situated. The surveyor doing the work shall record the field notes of said survey in the official record of surveys of the county wherein the land is situated.
Source
Laws 1913, c. 43, § 3, p. 142;
R.S.1913, § 5689;
C.S.1922, § 5019;
C.S.1929, § 26-1605;
R.S.1943, § 23-1905.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1906 - Trespass; exemption from liability.

23-1906.
Trespass; exemption from liability.
The county surveyor in the performance of his official duties, shall not be liable to prosecution for trespass.
Source
Laws 1913, c. 43, § 4, p. 143;
R.S.1913, § 5690;
C.S.1922, § 5020;
C.S.1929, § 26-1606;
R.S.1943, § 23-1906.
Annotations
County surveyor, when in performance of his official duties, is not liable to prosecution for trespass. Kissinger v. State, 123 Neb. 856, 244 N.W. 794 (1932).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1907 - Original corners; perpetuation.

23-1907.
Original corners; perpetuation.
It shall be the duty of the county surveyor in surveys made by him or her to perpetuate all original corners not at the time well marked, and all corners or angles that he or she may establish or reestablish, in a permanent manner by setting monuments containing ferromagnetic material, according to the instructions of the State Surveyor.
Source
Laws 1913, c. 43, § 5, p. 143;
R.S.1913, § 5691;
C.S.1922, § 5021;
C.S.1929, § 26-1607;
R.S.1943, § 23-1907;
Laws 1982, LB 127, § 4.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1909 - Subdivisions; petition for survey; expense.

23-1909.
Subdivisions; petition for survey; expense.
Whenever a majority of the owners of any section or quarter section of land, which has not been subdivided into its legal subdivisions, or owners of a major portion thereof, desire to have said land subdivided, they may petition the county surveyor to make such survey, who, after giving at least ten days' notice to all such owners residing within the county, shall proceed to make the survey. The expense thereof shall be borne by all the owners in proportion to the work done for each, to be apportioned by the surveyor.
Source
Laws 1913, c. 43, § 7, p. 144;
R.S.1913, § 5693;
C.S.1922, § 5023;
C.S.1929, § 26-1609;
R.S.1943, § 23-1909.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1910 - Field books; contents.

23-1910.
Field books; contents.
Each county surveyor shall procure, at the expense of the county, suitable memorandum field books for his or her use in the field. He or she shall enter in such field books, as the work progresses, all the details necessary to make up a complete record of each survey. The field books are to be properly indexed and kept on file as a part of the records of his or her office.
Source
Laws 1913, c. 43, § 8, p. 144;
R.S.1913, § 5694;
C.S.1922, § 5024;
C.S.1929, § 26-1910;
R.S.1943, § 23-1910;
Laws 1982, LB 127, § 6.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1911 - Surveys; records; contents; available to public.

23-1911.
Surveys; records; contents; available to public.
The county surveyor shall record all surveys, for permanent purposes, made by him or her, as required by sections 81-8,121 to 81-8,122.02. Such record shall set forth the names of the persons making the application for the survey, for whom the work was done, and a statement showing it to be an official county survey or resurvey. The official records, other plats, and field notes of the county surveyor's office shall be deemed and considered public records. Any agent or authority of the United States, the State Surveyor or any deputy state surveyor of Nebraska, or any surveyor registered pursuant to the Land Surveyors Regulation Act shall at all times, within reasonable office or business hours, have free access to the surveys, field notes, maps, charts, records, and other papers as provided for in sections 23-1901 to 23-1913. In all counties, where no regular office is maintained in the county courthouse for the county surveyor of that county, the county clerk shall be custodian of the official record of surveys and all other permanent records pertaining to the office of county surveyor.
Source
Laws 1913, c. 43, § 9, p. 144;
R.S.1913, § 5695;
C.S.1922, § 5025;
C.S.1929, § 26-1611;
Laws 1941, c. 44, § 1, p. 227;
C.S.Supp.,1941, § 26-1611;
R.S.1943, § 23-1911;
Laws 1982, LB 127, § 7;
Laws 2015, LB138, § 3.
Cross References
Land Surveyors Regulation Act, see section 81-8,108.01.
Annotations
An agreement as to boundary line is binding upon all parties having notice, though it may not be true line. Lynch v. Egan, 67 Neb. 541, 93 N.W. 775 (1903); Egan v. Light, 4 Neb. Unof. 127, 93 N.W. 859 (1903).
Where, on a line of the same survey and between remote corners, there is a variance between the measurement of the length of the whole line and the length of the line called for, excess or deficiency should be distributed equally unless one of the quarter sections is fractional, in which latter case excess is distributed proportionately. Brooks v. Stanley, 66 Neb. 826, 92 N.W. 1013 (1902).
In determining lines, testimony of party who located the line from government monuments then in existence is preferable to surveyor's testimony, who subsequently located a different line. Baty v. Elrod, 66 Neb. 735, 92 N.W. 1032 (1903), affirmed on rehearing 66 Neb. 744, 97 N.W. 343 (1903).
Government corners, if ascertained, will control all other surveys; if lost, they may be established by witnesses; if no witnesses, government field notes will control. Clark v. Thornburg, 66 Neb. 717, 92 N.W. 1056 (1902).
Government corners control field notes at time of survey and also field notes, courses, and distances of subsequent survey; as to lost corners, field notes will control. Knoll v. Randolph, 3 Neb. Unof. 599, 92 N.W. 195 (1902).
Surveyor need not follow original order of survey and his location of section corner will not be rejected in absence of proof of mistake or error. Shrake v. Laflin, 3 Neb. Unof. 489, 92 N.W. 184 (1902).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1913 - Records; transfer to successor; violation; penalty.

23-1913.
Records; transfer to successor; violation; penalty.
When the term of any county surveyor shall expire or he shall resign or be removed, he shall deliver to his successor all books, maps, plats, diagrams, and papers pertaining to his office, and all correspondence with the Department of the Interior at Washington, D.C., and state officials pertaining to surveys in his county. Any county surveyor who, on the expiration of his term of office, or on his resignation or removal, shall neglect, for the period of thirty days after his successor shall be elected or appointed, and qualified, to deliver all such books, maps, plats, diagrams, papers, and correspondence aforesaid, or any executor or administrator of any deceased county surveyor, who shall neglect for the space of thirty days to deliver to such successor all such books, maps, plats, diagrams, papers, and correspondence aforesaid, which shall come into his hands, shall forfeit and pay into the county treasury a sum not less than ten and not more than fifty dollars, and a similar sum for each thirty days thereafter during which he shall so neglect to deliver the same as aforesaid. If no successor has been elected or appointed and qualified, then they shall be delivered to the county clerk.
Source
Laws 1913, c. 43, § 11, p. 146;
R.S.1913, § 5697;
C.S.1922, § 5027;
C.S.1929, § 26-1613;
R.S.1943, § 23-1913.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-2001 - County officers; removal by judicial proceedings; grounds.

23-2001.
County officers; removal by judicial proceedings; grounds.
All county officers may be charged, tried, and removed from office, in the manner hereinafter provided, for (1) habitual or willful neglect of duty, (2) extortion, (3) corruption, (4) willful maladministration in office, (5) conviction of a felony, (6) habitual drunkenness, or (7) official misconduct as defined in section 28-924.
Source
R.S.1866, c. 45, § 1, p. 297;
R.S.1913, § 5698;
C.S.1922, § 5028;
C.S.1929, § 26-1701;
Laws 1937, c. 55, § 1, p. 222;
C.S.Supp.,1941, § 26-1701;
R.S.1943, § 23-2001;
Laws 1972, LB 1032, § 118;
Laws 1985, LB 423, § 2.
Annotations
Failure by a county attorney to reside in the county he or she holds office is not official misconduct. Hynes v. Hogan, 251 Neb. 404, 558 N.W.2d 35 (1997).
A constitutional officer may only be removed by impeachment as provided in Constitution of Nebraska, and the Legislature may not provide for suspension or removal of such officer. Laverty v. Cochran, 132 Neb. 118, 271 N.W. 354 (1936).
If, pending appeal, the term of defendant expires, appeal will be dismissed. McCarter v. Lavery, 101 Neb. 748, 164 N.W. 1054 (1917).
Actions hereunder are penal in nature and to justify removal under first and sixth subdivisions, it must be shown that acts were performed with evil intent or legal malice. Hiatt v. Tomlinson, 100 Neb. 51, 158 N.W. 383 (1916).
The only method of removing county judge from office is by impeachment, as provided in section 14, Article III, Constitution of Nebraska. Conroy v. Hallowell, 94 Neb. 794, 144 N.W. 895 (1913).
Where county treasurer is reelected, failure of county board to remove him from office for failure to account for funds does not preclude suit on bond. Thomssen v. Hall County, 63 Neb. 777, 89 N.W. 389 (1902), 57 L.R.A. 303 (1902).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-2002 - County officers; removal by judicial proceedings; jurisdiction of district court.

23-2002.
County officers; removal by judicial proceedings; jurisdiction of district court.
Any person may make such charge, and the district court shall have exclusive original jurisdiction thereof by summons.
Source
R.S.1866, c. 45, § 2, p. 298;
Laws 1905, c. 51, § 1, p. 297;
R.S.1913, § 5699;
C.S.1922, § 5029;
C.S.1929, § 26-1702;
R.S.1943, § 23-2002.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-2003 - County officers; removal by judicial proceedings; procedure.

23-2003.
County officers; removal by judicial proceedings; procedure.
The proceedings shall be as nearly like those in other actions as the nature of the case admits, excepting where otherwise provided in sections 23-2001 to 23-2009.
Source
R.S.1866, c. 45, § 3, p. 298;
R.S.1913, § 5700;
C.S.1922, § 5030;
C.S.1929, § 26-1703;
R.S.1943, § 23-2003.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-2004 - County officers; removal by judicial proceedings; complaint; verification.

23-2004.
County officers; removal by judicial proceedings; complaint; verification.
The complaint shall be by an accuser against the accused, and shall contain the charges with the necessary specifications under them, and be verified by the affidavit of any elector of the state that he believes the charges to be true.
Source
R.S.1866, c. 45, § 4, p. 298;
R.S.1913, § 5701;
C.S.1922, § 5031;
C.S.1929, § 26-1704;
R.S.1943, § 23-2004.
Annotations
Complaint set out and held sufficient. Stewart v. Bole, 61 Neb. 193, 85 N.W. 33 (1901).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-2005 - County officers; removal by judicial proceedings; complaint; summons and service.

23-2005.
County officers; removal by judicial proceedings; complaint; summons and service.
It will be sufficient that the summons require the accused to appear and answer to the complaint of .......... (naming the accuser) for official misdemeanor, but a copy of the complaint must be served with the summons.
Source
R.S.1866, c. 45, § 5, p. 298;
R.S.1913, § 5702;
C.S.1922, § 5032;
C.S.1929, § 26-1705;
R.S.1943, § 23-2005.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-2006 - County officers; removal by judicial proceedings; defensive pleadings.

23-2006.
County officers; removal by judicial proceedings; defensive pleadings.
No answer or other pleading after the complaint is necessary, but the defendant may move to reject the complaint upon any ground rendering such motion proper; and he may answer if he desires, and if he answers the accuser may reply or not. But if there be an answer and reply, the provisions of section 23-2003 relating to pleadings in the action shall apply.
Source
R.S.1866, c. 45, § 6, p. 298;
R.S.1913, § 5703;
C.S.1922, § 5033;
C.S.1929, § 26-1706;
R.S.1943, § 23-2006.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-2007 - County officers; removal by judicial proceedings; judgment.

23-2007.
County officers; removal by judicial proceedings; judgment.
The question of fact shall be tried as in other actions, and if the accused is found guilty, judgment shall be entered removing the officer from his office, and declaring the latter vacant, and the clerk shall enter a copy of the judgment in the election book.
Source
R.S.1866, c. 45, § 7, p. 298;
R.S.1913, § 5704;
C.S.1922, § 5034;
C.S.1929, § 26-1707;
R.S.1943, § 23-2007.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-2008 - County officers; removal by judicial proceedings; costs of action.

23-2008.
County officers; removal by judicial proceedings; costs of action.
The accuser and the accused are liable to costs as in other actions.
Source
R.S.1866, c. 45, § 8, p. 298;
R.S.1913, § 5705;
C.S.1922, § 5035;
C.S.1929, § 26-1708;
R.S.1943, § 23-2008.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-2009 - County officers; suspension pending trial; vacancy; how filled.

23-2009.
County officers; suspension pending trial; vacancy; how filled.
When the accused is an officer of the court, and is suspended, the court may supply his place by appointment for the term.
Source
R.S.1866, c. 45, § 9, p. 298;
R.S.1913, § 5706;
C.S.1922, § 5036;
C.S.1929, § 26-1709;
R.S.1943, § 23-2009.
Annotations
"Suspended", as used in this section, is not synonymous with "removed", as used in first section of article. State ex rel. Dodson v. Meeker, 19 Neb. 444, 27 N.W. 427 (1886).