Chapter 23 — COUNTY GOVERNMENT AND OFFICERS
1,275 sections in this chapter.
Repealed. Laws 1967, c. 117, § 19.
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[Repealed or reserved.]
Neb. Rev. Stat. § 23-164 Adjacent territory; regulation; hearings; notice by publication; written notice to chairperson of planning commission.
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The county board shall provide for the manner in which such regulations and restrictions and the boundaries of such districts shall be determined, established, enforced, and, from time to time, amended, supplemented, or changed. No such regulation, restriction, or boundary shall …
Neb. Rev. Stat. § 23-165 Adjacent territory; regulation; amendments; objections; hearings.
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Such regulations, restrictions, and boundaries may from time to time be amended, supplemented, changed, modified, or repealed. In case, however, of a protest against such change, signed by the owners of twenty percent or more either of the area of the lots included in such propos…
Repealed. Laws 1967, c. 117, § 19.
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[Repealed or reserved.]
Repealed. Laws 1967, c. 117, § 19.
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[Repealed or reserved.]
Repealed. Laws 1975, LB 410, § 34.
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[Repealed or reserved.]
Neb. Rev. Stat. § 23-168.01 Board of adjustment; members; appointment; qualifications; term; vacancy; rules and regulations; records; open to public.
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(1) The county board shall appoint a board of adjustment which shall consist of five members, plus one additional member designated as an alternate who shall attend and serve only when one of the regular members is unable to attend for any reason, each to be appointed for a term …
Neb. Rev. Stat. § 23-168.02 Board of adjustment; decision; appeal.
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(1) An appeal to the board of adjustment may be taken by any person or persons aggrieved, or by any officer, department, board, or bureau of the county affected by any decision of an administrative officer or planning commission. Such appeal shall be taken within a reasonable tim…
Neb. Rev. Stat. § 23-168.03 Board of adjustment; powers; variance; when permitted; power to reverse or modify action.
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(1) The board of adjustment shall, subject to such appropriate conditions and safeguards as may be established by the county board, have only the following powers: (a) To hear and decide appeals when it is alleged by the appellant that there is an error in any order, requirement,…
Neb. Rev. Stat. § 23-168.04 Board of adjustment; decision; appeal; procedure.
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Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, or any officer, department, board, or bureau of the county, may present to the district court for the county a petition, duly verified, setting forth that such decision is illegal, …
Repealed. Laws 1967, c. 117, § 19.
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[Repealed or reserved.]
Neb. Rev. Stat. § 23-170 Adjacent territory; regulation; statutes and ordinances; highest standard required by either to govern.
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Whenever the regulations made under authority of sections 23-164 to 23-174 require a greater width or size of yard, courts or other open spaces, or require a lower height of building or a less number of stories or require a greater percentage of lot to be left unoccupied or impos…
Neb. Rev. Stat. § 23-1701 Sheriff; general duties; residency; exceptions.
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(1) It is the duty of the sheriff to serve or otherwise execute, according to law, and return writs or other legal process issued by lawful authority and directed or committed to the sheriff and to perform such other duties as may be required by law. The county sheriff shall prep…
Neb. Rev. Stat. § 23-1701.01 Candidate for sheriff; appointee; requirements; sheriff; attend Sheriff's Certification Course; exception; continuing education; violation; penalty.
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(1) Any candidate for the office of sheriff and any sheriff appointed under subsection (4) of section 23-1701 shall possess a law enforcement officer certificate or diploma issued by the Nebraska Commission on Law Enforcement and Criminal Justice. A standardized letter issued by …
Neb. Rev. Stat. § 23-1701.02 Arrests; keeping the peace; duties.
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It shall be the duty of every sheriff to apprehend, on view or warrant, and bring to the court all felons and disturbers and violators of the criminal laws of this state, to suppress all riots, affrays, and unlawful assemblies which may come to his or her knowledge, and generally…
Neb. Rev. Stat. § 23-1701.03 Sheriff; general powers and duties.
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The sheriff shall exercise the powers and perform the duties conferred and imposed upon him or her by other statutes and by the common law.
Neb. Rev. Stat. § 23-1701.04 Process; duty of sheriff to execute.
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It shall be the duty of the sheriffs of the several counties to execute or serve all writs and process issued by any county court and to them directed and to return the same. For any neglect or refusal so to do, they may be proceeded against in the county court in the same manner…
Neb. Rev. Stat. § 23-1701.05 Writs and orders; endorsement.
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The sheriff shall endorse upon every summons, order of arrest, order for the delivery of property, order of attachment, or injunction the day and the hour it was received by him or her.
Neb. Rev. Stat. § 23-1701.06 Failure or neglect to execute process; amercement; civil liability.
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The sheriff shall execute every summons, order, or other process and return the same as required by law. If the sheriff fails to do so, unless he or she makes it appear to the satisfaction of the court that he or she was prevented by inevitable accident from so doing, he or she s…
Neb. Rev. Stat. § 23-1702 Violations; penalty.
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The disobedience by the sheriff of the command of any such process is a contempt of the court from which it was issued, and may be punished by the same accordingly, and he is further liable to the action of any person injured thereby.
Neb. Rev. Stat. § 23-1703 Jailer; duty of sheriff; certain counties.
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Except in counties where a county board of corrections exists and has assumed responsibility over the jail pursuant to sections 23-2801 to 23-2806, the sheriff shall have charge and custody of the jail, and the prisoners of the same, and is required to receive those lawfully comm…
Neb. Rev. Stat. § 23-1704 Assistants; power to summon.
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The sheriff and his deputies are conservators of the peace, and to keep the same, to prevent crime, to arrest any person liable thereto, or to execute process of law, they may call any person to their aid; and, when necessary, the sheriff may summon the power of the county.
Neb. Rev. Stat. § 23-1704.01 Sheriff; deputies; appointment; oath; duties.
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The sheriff may appoint such number of deputies as he or she sees fit for whose acts he or she will be responsible. The sheriff may not appoint the county treasurer, clerk, register of deeds, or surveyor as deputy. The appointment shall be in writing and revocable in writing by t…
Neb. Rev. Stat. § 23-1704.02 Sheriff; appoint employee.
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Except when otherwise provided specifically by law for substitute service by a deputy, a sheriff may appoint an employee of his or her department to serve any summons or writ, by endorsement thereon substantially as follows: "I hereby appoint ........ to serve the within writ;" w…
Neb. Rev. Stat. § 23-1704.03 Sheriff; employee; false return of writ; penalty.
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The employee referred to in section 23-1704.02 shall make return of the time and manner of serving such writ under his or her oath. For making a false return he or she shall be guilty of perjury and shall be punished accordingly.
Neb. Rev. Stat. § 23-1704.04 Sheriff; deputies; compensation.
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The county board shall furnish the sheriff with such deputies as it shall deem necessary and fix the compensation of such deputies who shall be paid by warrant drawn on the general fund.
Neb. Rev. Stat. § 23-1705 Court attendance; when required.
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The sheriff shall attend upon the district court at its session in his or her county, shall be allowed the assistance of two deputies and of such further number as the court may direct, and shall attend the sessions of the county court when required by the judge.
Neb. Rev. Stat. § 23-1706 Court; appearance as counsel prohibited.
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No sheriff or his deputy or constable shall appear in any court as attorney or counselor for any party, nor make any writing or process to commence or to be in any manner used in the same, and such writing or process made by any of them shall be rejected.
Neb. Rev. Stat. § 23-1707 Sheriff's sales; purchases prohibited.
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No sheriff or his deputy or constable shall become the purchaser, either directly or indirectly, of any property by him exposed to sale under any process of law or equity; and every such purchase is absolutely void.
Neb. Rev. Stat. § 23-1708 Vacancy; legal process; deputy; duty.
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In case of a vacancy occurring in the office of sheriff from any cause the deputy or deputies shall be under obligation to execute legal process until the vacancy is filled.
Neb. Rev. Stat. § 23-1709 Term of office; expiration; transfers to successor.
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When a sheriff goes out of office he or she shall deliver to his or her successor all books and papers pertaining to the office, all property attached or levied upon, and all prisoners in jail and shall take a receipt specifying the same. The receipt shall be sufficient indemnity…
Repealed. Laws 1975, LB 410, § 34.
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[Repealed or reserved.]
Neb. Rev. Stat. § 23-1710 Crimes; prevention; arrest; powers and duties.
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It shall be the duty of the sheriff by himself or deputy to preserve the peace in his county, to ferret out crime, to apprehend and arrest all criminals, and insofar as it is within his power, to secure evidence of all crimes committed in his county, and present the same to the c…
Neb. Rev. Stat. § 23-1711 Special investigations; when authorized; report; expenses.
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The sheriff shall, whenever directed so to do in writing by the county attorney, make special investigation of any alleged infraction of the law within his county, and report with reference thereto within a reasonable time to such county attorney. When such investigation is made …
Repealed. Laws 1991, LB 153, § 1.
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[Repealed or reserved.]
Neb. Rev. Stat. § 23-1713 Sheriff; party to judicial proceedings; duties; county clerk shall perform.
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Every county clerk shall serve and execute process of every kind, and perform all other duties of the sheriff, when the sheriff shall be a party to the case, or whenever affidavits shall be made and filed as provided in section 23-1714; and in all such cases he shall exercise the…
Neb. Rev. Stat. § 23-1714 Sheriff; disqualification; duties; county clerk shall perform.
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Whenever any party, his agent or attorney shall make and file with the clerk of the proper court an affidavit stating that he believes the sheriff of such county will not, by reason of partiality, prejudice, consanguinity or interest, faithfully perform his duties in any suit com…
Neb. Rev. Stat. § 23-1715 Sheriff; specialized equipment; damages to privately owned motor vehicle, reimbursement.
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The county board shall purchase a base radio station and shortwave radio equipment for installation on a motor vehicle owned by the sheriff. The county board may purchase shortwave radio equipment for installation on motor vehicles owned by the sheriff's deputies and also may pur…
Repealed. Laws 1972, LB 1278, § 3.
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[Repealed or reserved.]
Neb. Rev. Stat. § 23-1717 Sheriff; deputy; uniform; badge, display; exceptions.
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(1) Except as otherwise provided in subsections (2) and (3) of this section, county sheriffs and their deputies, when on duty, shall: (a) Be dressed in a distinctive uniform that is approved by the sheriff and that meets the requirements of section 23-1719; and (b) Display a badg…
Neb. Rev. Stat. § 23-1718 Sheriff; deputy; uniform; allowance in counties of less than 200,000 population.
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County sheriffs and their deputies in counties of less than two hundred thousand population shall each receive an allowance for uniform expense of not less than ten dollars per month, to be paid by the county which such officers serve.
Neb. Rev. Stat. § 23-1719 Sheriff; deputy; uniforms; specifications.
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(1) The uniform required by section 23-1717 shall be at the discretion of the sheriff and may be separated into classes to best fit the needs of each sheriff. Any such uniform shall be readily distinguishable from the uniform of other law enforcement agencies in the State of Nebr…
Neb. Rev. Stat. § 23-172 Standard codes; adoption; copy; area where applicable.
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(1) The county board may adopt by resolution, which shall have the force and effect of law, the conditions, provisions, limitations, and terms of a building or construction code, a plumbing code, an electrical code, a fire prevention code, or any other code relating to building o…
Neb. Rev. Stat. § 23-1720 Sheriff; deputies; indemnification; legal counsel.
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Any sheriff, deputy state sheriff, deputy sheriff, or special deputy sheriff required to be bonded under section 11-119 or 23-1704.01 shall be indemnified by the county employing such sheriff, deputy state sheriff, deputy sheriff, or special deputy sheriff should such person beco…
Neb. Rev. Stat. § 23-1721 Sections; purposes.
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The purposes of sections 23-1721 to 23-1736 are to guarantee to all citizens a fair and equal opportunity for public service in the office of the county sheriff in counties having a population of twenty-five thousand inhabitants or more, to establish and review conditions of serv…
Neb. Rev. Stat. § 23-1722 Sheriff's office merit commission; created; county having 25,000 inhabitants or more.
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In any county having a population of twenty-five thousand inhabitants or more, there shall be a sheriff's office merit commission.
Neb. Rev. Stat. § 23-1723 Sheriff's office merit commission; county having 400,000 or more population; members; number; appointment; term; vacancy.
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The sheriff's office merit commission in counties having a population of four hundred thousand inhabitants or more as determined by the most recent federal decennial census shall consist of five members. One member shall be a duly elected county official, appointed by the county …
Neb. Rev. Stat. § 23-1723.01 Sheriff's office merit commission; county having 25,000 to 400,000 population; members; number; appointment; term; vacancy.
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(1) In counties having a population of not less than twenty-five thousand inhabitants and less than four hundred thousand inhabitants as determined by the most recent federal decennial census, the sheriff's office merit commission shall consist of three members, except that the m…
Neb. Rev. Stat. § 23-1724 Sheriff's office merit commission; members; salary; expenses.
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The members of the commission shall not receive a salary for their services but shall be reimbursed for such necessary expenses and mileage as may be incurred in the actual performance of their duties with reimbursement for mileage to be made at the rate provided in section 81-11…
Neb. Rev. Stat. § 23-1725 Commission; meetings; public; rules of procedure; adopt.
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The sheriff's office merit commission shall hold meetings regularly, at least once every three months, and shall designate the time and place thereof. It shall adopt its own rules of procedure and shall keep a record of its proceedings. All meetings and records of the commission …