Chapter 22, COUNTIES
143 sections in this chapter.
Neb. Rev. Stat. § 22-203 County seat; location; designation on ballot.
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At such election, provided for by section 22-202, the voters of the county shall determine the permanent location of the county seat. For this purpose each voter may designate on his ballot the place of his choice for the county seat, and when the votes are canvassed, the place h…
Neb. Rev. Stat. § 22-204 County seat; location; special election.
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If no one place has a majority of all the votes polled, as provided by section 22-203, it shall be the duty of the county board within one month after the officers elected at the first election have qualified according to law, to order a special election and give ten days' notice…
Neb. Rev. Stat. § 22-205 Elections; laws governing.
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The votes for the county officers and for the location of the county seat of said new county cast at the first election, provided for in sections 22-202 and 22-203, shall be canvassed and returns made by the county clerk or county clerks of the county or counties from which the n…
Neb. Rev. Stat. § 22-206 Township or precinct officers; continuance in office.
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All the township or precinct officers who were previously elected and qualified in the county or counties from which such new county has been formed, whose term of office shall not have expired at the time of the election, and whose residence shall be embraced within the limits o…
Neb. Rev. Stat. § 22-207 County seat; location; void election; resubmission.
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In any county where an election has been held to determine the permanent location of the county seat of such county, and the election shall be declared void by any court of competent jurisdiction in an action instituted for that purpose, the county board of said county shall subm…
Neb. Rev. Stat. § 22-208 County seat; location upon public land; site; acquisition.
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Whenever any county seat shall be located upon any public lands of the United States, it shall be the duty of the county board to enter or purchase a quarter section of land at the place so designated, at the expense of and for the use of the county, within three months thereafte…
Neb. Rev. Stat. § 22-209 County seat; site; surveying; platting.
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Such lands shall be surveyed into lots, squares, streets and alleys, and platted and recorded in the county clerk's office; and lots necessary for public buildings shall be reserved by the board for that purpose.
Neb. Rev. Stat. § 22-210 County seat; site; lots; sale.
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The remainder of the lots shall be offered at public sale by the sheriff of the county to the highest bidder at such time as the county board may designate. Notice of such sale shall be posted up in three public places of the county. The terms of sale shall be determined by the c…
Neb. Rev. Stat. § 22-211 County seat; site; lots; certificate of purchase.
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Purchasers of the aforesaid lots shall receive a certificate of purchase from the sheriff, entitling the holder to a deed for the same, when payment in full shall be made according to law. If the purchaser of any lot fails to pay for the same within the time required by the count…
Neb. Rev. Stat. § 22-212 County seat; lots; sale; fund; how used.
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The proceeds of the sale of such lots, after deducting all necessary expenses, shall be paid into the county treasury and constitute a fund for the erection of public buildings for the use of the county at the county seat, and shall be used for no other purpose whatever.
Neb. Rev. Stat. § 22-213 Oath of office; counties, when deemed organized; judicial district, how determined.
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The oath of office may be administered to the several county officers of such new county by any person authorized by law to administer oaths. As soon as the county officers are duly qualified, the county shall be regarded as legally organized, and for judicial purposes shall be d…
Neb. Rev. Stat. § 22-214 Judicial proceedings; transfer; judgments and liens, effect.
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The courts of any county or counties from which such new county is erected may, by proper order, transfer any suit or other legal proceeding affecting real estate in such new county to the proper court of such new county, or may transfer any suit and all papers and records pertai…
Neb. Rev. Stat. § 22-215 County assets and liabilities, how divided.
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All the property, both real and personal, and all debts and liabilities and choses in action of every kind belonging to the county or counties from which such new county was formed shall be divided by the several county boards of the counties interested between the county or coun…
Neb. Rev. Stat. § 22-216 New county; records; how made up.
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The county clerk of the new county shall transcribe in books prepared for that purpose, from the records of the county or counties from which the new county is formed, all deeds, mortgages, leases, and title papers of every description, with the certificate of acknowledgment ther…
Neb. Rev. Stat. § 22-217 New county; records; duty of clerk; evidentiary effect.
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The clerk shall note at the end of each paper he shall transcribe the book and page from which the same was transcribed, and shall make a correct double index of the records; and on the completion of his duties he shall return the books to the county clerk of the county or counti…
Neb. Rev. Stat. § 22-218 Territory; transfer to another county; petition.
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When a majority of the legal voters, residing upon any territory, shall petition the county board of their own county, and also of the county to which they desire such territory to be transferred, for leave to have such territory transferred to such county, it shall be the duty o…
Neb. Rev. Stat. § 22-219 Territory; transfer to another county; election; notice.
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Notices of such election shall contain a description of the territory proposed to be transferred, the names of the counties from and to which such transfer is intended to be made, and shall be posted with the other notices for general elections.
Neb. Rev. Stat. § 22-220 Territory; transfer to another county; election; ballot; conditions.
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The ballots used in the elections may be in the following form: For transferring territory, and Against transferring territory. If a majority of the voters voting upon the question in the county from which the territory is proposed to be taken, and a majority of the voters of the…
Neb. Rev. Stat. § 22-221 Territory; transfer to another county; debts; adjustment.
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No transferred territory under the provisions of sections 22-218 to 22-220 shall be released from the payment of its proportion of the debts of the county from which such territory is transferred. Such proportionate indebtedness from such transferred territory shall be collected …
Neb. Rev. Stat. § 22-301 Petition.
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Whenever the inhabitants of any county are desirous of changing their county seat and upon the petition therefor being presented to the county board, which petition shall name some one city, town, village or place to which it is desired to remove the county seat, signed by the re…
Neb. Rev. Stat. § 22-302 Election.
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Notice of the time and place of holding the election shall be given in the same manner, and the election shall be conducted in all respects the same as is provided by the law relating to general elections for county purposes. There shall be printed on the ballots the name of the …
Neb. Rev. Stat. § 22-303 Offices and records; transfer; violations; penalty.
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When any such county seat shall have been relocated it shall be the duty of all county officers to forthwith remove their respective offices and all county records and property in their charge to the place where said county seat shall have been relocated. Any county officer who s…
Neb. Rev. Stat. § 22-401 Counties; consolidation, when authorized.
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Any two or more adjoining counties in the state may (1) consolidate if the number of counties is reduced, (2) consolidate one or more county or township offices, or (3) provide for the joint performance of any common function or service, by complying with the requirements and pro…
Neb. Rev. Stat. § 22-402 Consolidation agreement; contents; advisory committee.
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(1) The county boards of any two or more adjoining counties may enter into a consolidation agreement for the consolidation of such counties or for the consolidation of one or more county or township offices except the office of county commissioner or county supervisor. The county…
Neb. Rev. Stat. § 22-402.01 Consolidation agreement; hearing; notice.
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The county board of each county proposing to enter into a consolidation agreement shall hold a public hearing on the agreement 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 …
Neb. Rev. Stat. § 22-402.02 Consolidation agreement; adoption; vote required.
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The county board of each county proposing to enter into a consolidation agreement shall adopt the consolidation agreement by a majority vote of the board on the joint or concurrent resolution.
Neb. Rev. Stat. § 22-402.03 Consolidation of counties or county or township offices; vote required.
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If the consolidation agreement provides for the consolidation of counties or for the consolidation of one or more county or township offices, the county board of each county shall submit the consolidation agreement for approval by the registered voters at the next general electio…
Neb. Rev. Stat. § 22-402.04 Joint performance of common function or service; vote required; when effective.
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(1) If the consolidation agreement provides for the joint performance of any common function or service, the county board of each county may submit the consolidation agreement for approval by the registered voters at the next general election or a special election pursuant to sec…
Neb. Rev. Stat. § 22-403 Consolidation; petition; percentage required; duty of board of county commissioners or supervisors; failure to exercise duty, effect.
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(1) If the county board has not taken the initiative to enter into a consolidation agreement under section 22-402, the registered voters of the county may require the board to proceed by filing with the county clerk a petition, signed by registered voters of the county equal in n…
Neb. Rev. Stat. § 22-404 Consolidation agreement; publication; availability.
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When a consolidation agreement is submitted to the voters for approval, the county board of each county entering into a consolidation agreement shall cause a description of the proposed consolidation agreement to be published in its county prior to the election at least once a we…
Neb. Rev. Stat. § 22-405 Consolidation; election; laws applicable; ballot; form; majority required; when effective; effect on election to remove county seat.
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(1) When the publication of the consolidation agreement in each of the counties is completed, each county board shall submit the question of whether to consolidate as proposed in the consolidation agreement to the registered voters at the next general election or at a special ele…
Neb. Rev. Stat. § 22-405.01 Final approval of consolidation agreement; county boards; duties.
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On or before September 10 of the year preceding the effective date of a consolidation agreement, the county boards participating in the consolidation agreement shall adopt by joint or concurrent resolution the budget for the portion of the fiscal year in which the consolidation a…
Neb. Rev. Stat. § 22-405.02 Consolidated county officers; county boards; adjust election district boundaries.
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On or before February 15 of the year of the general election at which consolidated county officers are to be elected, the county boards of each county involved in the consolidation agreement shall meet and adjust jointly the boundaries for the election districts for the consolida…
Neb. Rev. Stat. § 22-406 Consolidated counties; officers; election; terms; appointment.
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(1) At the next general election held after the election at which consolidation is approved by the voters, the consolidated county officers shall be elected. Their terms shall begin on the first Thursday after the first Tuesday of January after their election, and the terms of th…
Neb. Rev. Stat. § 22-407 Consolidated counties; statutory references; rights and liabilities; books and records; money; congressional and legislative districts.
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(1) Upon the effective date of the consolidation agreement for the consolidation of counties, the counties involved in the consolidation agreement shall be treated under the name or names and upon the terms and conditions set forth in the consolidation agreement. Except as provid…
Neb. Rev. Stat. § 22-411 Approval of consolidation; salary determinations.
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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, esta…
Neb. Rev. Stat. § 22-412 Candidates for consolidated office; election; procedure.
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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 primar…
Neb. Rev. Stat. § 22-413 Consolidated office; officer; bond; conditions; filing.
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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 actu…
Neb. Rev. Stat. § 22-414 Officer of consolidated counties; duties.
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An officer of consolidated counties shall have the same duties and responsibilities provided by law for the same office in a single county.
Neb. Rev. Stat. § 22-415 Officer of consolidated county; legal advisor.
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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…
Neb. Rev. Stat. § 22-416 Consolidated office; withdrawal of county; procedure; effect.
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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 num…
Neb. Rev. Stat. § 22-417 Consolidation of county offices; powers and duties; procedure; hearing; ballot; form; election; term.
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(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 consolid…
Neb. Rev. Stat. § 22-418 Consolidation of counties, offices, or services; county board; duty.
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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, …