Chapter 13 — CITIES, COUNTIES, AND OTHER POLITICAL SUBDIVISIONS
530 sections in this chapter.
Neb. Rev. Stat. § 13-826 Pledge of state.
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The State of Nebraska does hereby pledge to and agree with the holders of any bonds and with those persons who may enter into contracts with any joint entity or political subdivision under the Interlocal Cooperation Act that the state will not alter, impair, or limit the rights t…
Neb. Rev. Stat. § 13-827 Act, liberal construction.
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The Interlocal Cooperation Act is necessary for the welfare of the state and its inhabitants and shall be construed liberally to effect its purposes.
Neb. Rev. Stat. § 13-901 Act, how cited.
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Sections 13-901 to 13-928 shall be known and may be cited as the Political Subdivisions Tort Claims Act.
Neb. Rev. Stat. § 13-902 Legislative declarations.
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The Legislature hereby declares that no political subdivision of the State of Nebraska shall be liable for the torts of its officers, agents, or employees, and that no suit shall be maintained against such political subdivision or its officers, agents, or employees on any tort cl…
Neb. Rev. Stat. § 13-903 Terms, defined.
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For purposes of the Political Subdivisions Tort Claims Act and sections 16-727, 16-728, 23-175, 39-809, and 79-610, unless the context otherwise requires: (1) Political subdivision shall include villages, cities of all classes, counties, school districts, learning communities, pu…
Neb. Rev. Stat. § 13-904 Governing body; powers.
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Authority is hereby conferred upon the governing body of any political subdivision to consider, ascertain, adjust, compromise, settle, determine, and allow any tort claim as defined in the Political Subdivisions Tort Claims Act and sections 16-727, 16-728, 23-175, 39-809, and 79-…
Neb. Rev. Stat. § 13-905 Tort claims; filing; requirements.
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All tort claims under the Political Subdivisions Tort Claims Act and sections 16-727, 16-728, 23-175, 39-809, and 79-610 shall be filed with the clerk, secretary, or other official whose duty it is to maintain the official records of the political subdivision, or the governing bo…
Neb. Rev. Stat. § 13-906 Civil suit; when permitted.
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No suit shall be permitted under the Political Subdivisions Tort Claims Act and sections 16-727, 16-728, 23-175, 39-809, and 79-610 unless the governing body of the political subdivision has made final disposition of the claim, except that if the governing body does not make fina…
Neb. Rev. Stat. § 13-907 Jurisdiction; venue; procedure; appeal.
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Jurisdiction, venue, procedure, and rights of appeal in all suits brought under the Political Subdivisions Tort Claims Act and sections 16-727, 16-728, 23-175, 39-809, and 79-610 shall be determined in the same manner as if the suits involved private individuals, except that such…
Neb. Rev. Stat. § 13-908 Political subdivision; liability; no writ of execution; offer of settlement; effect.
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Except as otherwise provided in the Political Subdivisions Tort Claims Act, in all suits brought under the act the political subdivision shall be liable in the same manner and to the same extent as a private individual under like circumstances, except that no writ of execution sh…
Neb. Rev. Stat. § 13-909 Final judgment; effect.
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Final judgment in any suit under the Political Subdivisions Tort Claims Act and sections 16-727, 16-728, 23-175, 39-809, and 79-610 shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the employee of the political subdivisi…
Neb. Rev. Stat. § 13-910 Act and sections; exemptions.
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The Political Subdivisions Tort Claims Act and sections 16-727, 16-728, 23-175, 39-809, and 79-610 shall not apply to: (1) Any claim based upon an act or omission of an employee of a political subdivision, exercising due care, in the execution of a statute, ordinance, or official…
Neb. Rev. Stat. § 13-911 Vehicular pursuit by law enforcement officer; liability to third parties; reimbursement.
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(1) In case of death, injury, or property damage to any innocent third party proximately caused by the action of a law enforcement officer employed by a political subdivision during vehicular pursuit, damages shall be paid to such third party by the political subdivision employin…
Neb. Rev. Stat. § 13-912 Defective bridge or highway; damages; liability; limitation.
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If any person suffers personal injury or loss of life, or damage to his or her property by means of insufficiency or want of repair of a highway or bridge or other public thoroughfare, which a political subdivision is liable to keep in repair, the person sustaining the loss or da…
Neb. Rev. Stat. § 13-913 Defective bridge or highway; legislative intent.
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In enacting section 13-912, it is the intent of the Legislature that the liability of all political subdivisions based on the alleged insufficiency or want of repair of any highway or bridge or other public thoroughfare shall be the same liability that previously has been imposed…
Neb. Rev. Stat. § 13-914 Defective bridge or highway; compliance with standards; effect.
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For purposes of sections 13-912 and 13-913, no minimum maintenance road or highway shall be deemed to be in want of repair or insufficient if it complies with the standards and level of minimum maintenance developed pursuant to section 39-2113.
Neb. Rev. Stat. § 13-915 Suit for alleged defect in construction or maintenance; defense.
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In any suit brought pursuant to the Political Subdivisions Tort Claims Act and sections 16-727, 16-728, 23-175, 39-809, and 79-610 and based upon an alleged defect in the construction or maintenance of a sidewalk, public building, or other public facility, an affirmative showing …
Neb. Rev. Stat. § 13-916 Liability insurance; effect.
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The governing body of any political subdivision, including any school district, educational service unit, or community college, may purchase a policy of liability insurance insuring against all or any part of the liability which might be incurred under the Political Subdivisions …
Neb. Rev. Stat. § 13-917 Award; acceptance; effect.
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Any award made pursuant to the authority granted by section 13-904 and accepted by the claimant and any final judgment in any suit brought pursuant to the Political Subdivisions Tort Claims Act and sections 16-727, 16-728, 23-175, 39-809, and 79-610 shall be final and conclusive …
Neb. Rev. Stat. § 13-918 Awards; judgments; payment.
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Any awards or judgments pursuant to the Political Subdivisions Tort Claims Act and sections 16-727, 16-728, 23-175, 39-809, and 79-610 shall be paid in the same manner as other claims against the political subdivision. If insufficient funds are available to pay such awards or jud…
Neb. Rev. Stat. § 13-919 Claims; limitation of action.
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(1) Every claim against a political subdivision permitted under the Political Subdivisions Tort Claims Act shall be forever barred unless within one year after such claim accrued the claim is made in writing to the governing body. Except as otherwise provided in this section, all…
Neb. Rev. Stat. § 13-920 Suit against employee; act occurring after May 13, 1987; limitation of action.
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(1) No suit shall be commenced against any employee of a political subdivision for money on account of damage to or loss of property or personal injury to or the death of any person caused by any negligent or wrongful act or omission of the employee while acting in the scope of h…
Neb. Rev. Stat. § 13-921 Suit against employee; act or omission occurring prior to May 13, 1987; limitation of action.
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After January 1, 1988, all suits against any employee of a political subdivision for money on account of damage to or loss of property or personal injury to or the death of any person caused by any negligent or wrongful act or omission of the employee while acting within the scop…
Neb. Rev. Stat. § 13-922 Suit against employee; recovery; limitation.
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The total amount recoverable against any employee for claims filed pursuant to section 13-920 or 13-921 arising out of an occurrence after May 13, 1987, shall be limited to: (1) One million dollars for any person for any number of claims arising out of a single occurrence; and (2…
Neb. Rev. Stat. § 13-923 Remedies; exclusive.
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From and after January 1, 1970, the authority of any political subdivision to sue or be sued in its own name shall not be construed to authorize suits against such political subdivision on tort claims except as authorized in the Political Subdivisions Tort Claims Act and sections…
Neb. Rev. Stat. § 13-924 Act; applicability.
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Nothing contained in the Political Subdivisions Tort Claims Act and sections 16-727, 16-728, 23-175, 39-809, and 79-610 shall be deemed to repeal or restrict any provision of law authorizing any political subdivision to consider, ascertain, adjust, compromise, settle, determine, …
Neb. Rev. Stat. § 13-925 Employee; action against; when.
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Nothing in the Political Subdivisions Tort Claims Act and sections 16-727, 16-728, 23-175, 39-809, and 79-610 shall be construed to prevent a political subdivision from bringing an action for recovery from an employee of the political subdivision when the political subdivision ha…
Neb. Rev. Stat. § 13-926 Recovery under act; limitation; additional sources for recovery.
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The total amount recoverable under the Political Subdivisions Tort Claims Act for claims arising out of an occurrence after November 16, 1985, shall be limited to: (1) One million dollars for any person for any number of claims arising out of a single occurrence; and (2) Five mil…
Neb. Rev. Stat. § 13-927 Skatepark and bicycle motocross park; sign required; warning notice.
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(1) A political subdivision shall post and maintain a sign at each skatepark and bicycle motocross park sponsored by the political subdivision containing the following warning notice: Under Nebraska law, a political subdivision is not liable for an injury to or the death of a par…
Neb. Rev. Stat. § 13-928 Political subdivision; state highway use for special event; applicability of act.
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The Political Subdivisions Tort Claims Act shall apply to any claim arising during the time specified in a notice provided by a political subdivision pursuant to subsection (3) of section 39-1359.