Chapter 23 — COUNTY GOVERNMENT AND OFFICERS
1,275 sections in this chapter.
Neb. Rev. Stat. § 23-1726 Classified service, defined.
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For purposes of sections 23-1721 to 23-1736, classified service includes all deputy sheriffs including the jailer and matrons but does not include the civilian employees of the office. The deputy sheriff designated by the sheriff as chief deputy is specifically excluded from sect…
Neb. Rev. Stat. § 23-1727 Commission; powers; duties.
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The powers and duties of the sheriff's office merit commission shall be as follows: (1) To adopt rules not inconsistent with sections 23-1721 to 23-1736 for the examination and selection of persons to fill the offices and positions in the classified service which are required to …
Neb. Rev. Stat. § 23-1728 Commission; competitive examinations; records of service; keep; subject to inspection by commission.
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(1) The commission shall prepare and hold open competitive examinations in order to test the relative fitness of all applicants for appointment to the classified service. At least two weeks' notice shall be given of all such examinations by publication at least once in a legal ne…
Neb. Rev. Stat. § 23-1729 Sheriff; personnel director; duties.
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The sheriff of each county under sections 23-1721 to 23-1736 shall be the personnel director of the merit system. The personnel director shall act as secretary of the sheriff's office merit commission and shall advise the commission in all matters pertaining to the merit system e…
Neb. Rev. Stat. § 23-173 Zoning resolutions; adoption; publication; printing; effect.
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The county board may also pass, approve and publish any other resolution governing and controlling zoning after the zoning district is created and established as provided in section 23-114.03, and when such resolutions are passed and approved, they shall be published as provided …
Neb. Rev. Stat. § 23-173.01 Nonconforming use; termination; restoration.
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The use of a building, structure, or land, existing and lawful at the time of the enactment of a zoning regulation, or at the time of an amendment of a regulation, may, except as provided in this section, be continued, although such use does not conform with the provisions of suc…
Neb. Rev. Stat. § 23-1730 Deputy sheriffs; classified service; chief deputy sheriff.
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For purposes of sections 23-1721 to 23-1736, all deputy sheriffs actually serving as such shall comprise the classified service. The chief deputy sheriff shall not be within the classified service, but a deputy sheriff serving with permanent rank under sections 23-1721 to 23-1736…
Neb. Rev. Stat. § 23-1731 Classified service; vacancy; how filled.
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Whenever a position in the classified service is to be filled, the sheriff shall notify the sheriff's office merit commission of that fact, and the commission shall certify the names and addresses of the three candidates standing highest on the eligibility list for the class or g…
Neb. Rev. Stat. § 23-1732 Deputy sheriffs in active employment; examinations; when required.
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(1) All deputy sheriffs in active employment on January 1, 1970, in counties of four hundred thousand inhabitants or more as determined by the most recent federal decennial census and on January 1, 1973, in counties having a population of more than one hundred fifty thousand but …
Neb. Rev. Stat. § 23-1733 Promotions; procedure.
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Whenever possible, vacancies shall be filled by promotion. Promotion shall be made from among deputy sheriffs qualified by training and experience to fill the vacancies and whose length of service entitles them to consideration. The commission shall, for the purpose of certifying…
Neb. Rev. Stat. § 23-1734 Deputy sheriff; removal, suspension, reduced in rank or grade; procedure; grievance; procedure.
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(1)(a) Any deputy sheriff may be removed, suspended with or without pay, or reduced in either rank or grade or both rank and grade by the sheriff, after appointment or promotion is complete, by an order in writing, stating specifically the reasons therefor. Such order shall be fi…
Neb. Rev. Stat. § 23-1735 Classified service; discrimination; prohibited.
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No person in the classified service or seeking admission thereto shall be appointed, reduced, or removed, or in any way favored or discriminated against because of his political, racial, or religious opinions or affiliations, except for membership in any organization which has ad…
Neb. Rev. Stat. § 23-1736 Classified service; political activity; prohibited.
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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.
Repealed. Laws 2003, LB 222, § 14.
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[Repealed or reserved.]
Neb. Rev. Stat. § 23-174 Violations; penalty.
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If any person shall violate any of the provisions of sections 23-164 to 23-174 for which penalty is not elsewhere provided therein, or if any person shall violate any of the provisions of any resolution adopted under the power and authority granted to county boards under section …
Neb. Rev. Stat. § 23-174.01 County zoning; cities of the primary class; grant of authority.
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Every county in which is located a city of the primary class shall have power within the county, except within the area over which zoning jurisdiction has been granted to any city or village and over which such city or village is exercising such jurisdiction, to regulate and rest…
Neb. Rev. Stat. § 23-174.02 Zoning resolution; regulations.
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The zoning resolution shall be adopted and amended, and regulations made and promulgated not inconsistent therewith, in the manner provided in sections 23-114, 23-114.03, 23-164, and 23-165.
Neb. Rev. Stat. § 23-174.03 County zoning; cities of the primary class; subdivision and platting into lots and streets; approval requirements; filing of plat; effect.
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(1) No owner of any real estate located in a county in which is located a city of the primary class, except within the area over which subdivision jurisdiction has been granted to any city or village, and such city or village is exercising such jurisdiction, shall be permitted to…
Neb. Rev. Stat. § 23-174.04 County zoning; cities of the primary class; planning department; planning director.
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In every county in which is located a city of the primary class, there shall be created a planning department, which shall consist of a county planning commission, a planning director, and such subordinate employees as are required to administer the planning program set forth in …
Neb. Rev. Stat. § 23-174.05 County; comprehensive plan; requirements; contents.
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The general plan for the improvement and development of the county outside of the jurisdiction of any city or village shall be known as the comprehensive plan. This plan for governmental policies and action shall include the pattern and intensity of land use, the provision of pub…
Neb. Rev. Stat. § 23-174.06 Planning director; prepare comprehensive plan; review by county planning commission; county board; adopt or modify plan.
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The planning director shall be responsible for preparing a comprehensive plan of the county and amendments and extensions thereto, and for submitting such plans and modifications to the county planning commission for its consideration and action. The commission shall review such …
Neb. Rev. Stat. § 23-174.07 Change to comprehensive plan; prior consideration by planning department; report.
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No resolution which deals with the acquisition, extension, widening, narrowing, removal, vacation, abandonment, sale or other change relating to any public way, transportation, route, ground, open space, building, or structure, or other public improvement of a character included …
Neb. Rev. Stat. § 23-174.08 Zoning resolution; public hearing; notice; approval.
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The planning director shall be responsible for the preparation of the zoning resolution and for submitting it to the county planning commission for its consideration and action. The commission shall review the proposed zoning resolution and, after holding at least one public hear…
Neb. Rev. Stat. § 23-174.09 Board of zoning appeals; powers; duties.
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There may be created a board of zoning appeals comprised of five members appointed by the county board, which board shall have power to hear and decide appeals from any decision or order of the building inspector or other officers charged with the enforcement of the zoning resolu…
Neb. Rev. Stat. § 23-174.10 Public health, safety, and welfare regulations; county board may adopt.
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In any county which has adopted county zoning regulations, the county board, by resolution, may make regulations as may be necessary or expedient to promote the public health, safety, and welfare, including regulations to prevent the introduction or spread of contagious, infectio…
Neb. Rev. Stat. § 23-175 County board; county vehicles; liability insurance procurement; effect; applicability.
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When a county board employs a person and places in his or her charge and under his or her supervision trucks, automobiles, snowplows, road graders, or other vehicles and authorizes such employee to use them upon a public road, the county board shall purchase liability insurance t…
Transferred to section 13-401.
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[Repealed or reserved.]
Repealed. Laws 1969, c. 138, § 28.
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[Repealed or reserved.]
Repealed. Laws 1985, LB 393, § 18.
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[Repealed or reserved.]
Repealed. Laws 1985, LB 393, § 18.
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[Repealed or reserved.]
Repealed. Laws 1985, LB 393, § 18.
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[Repealed or reserved.]
Repealed. Laws 1986, LB 548, § 15.
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[Repealed or reserved.]
Neb. Rev. Stat. § 23-1801 Inquest; when authorized; coroner's jury; compensation.
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(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 he…
Neb. Rev. Stat. § 23-1802 Inquest; warrant; form.
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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 ...…
Neb. Rev. Stat. § 23-1803 Inquest; warrant; execution.
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The sheriff shall execute the warrant and make return thereof at the time and place therein named.
Neb. Rev. Stat. § 23-1804 Inquest; coroner's jury; vacancies; oath.
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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 presentm…
Neb. Rev. Stat. § 23-1805 Inquest; juror; refusal to serve; penalty.
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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 l…
Neb. Rev. Stat. § 23-1806 Inquest; subpoenas; power to issue.
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The coroner may issue subpoenas within the county for witnesses, returnable forthwith, or at such time and place as the coroner shall therein direct.
Neb. Rev. Stat. § 23-1807 Inquest; witnesses; oath.
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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 G…
Neb. Rev. Stat. § 23-1808 Inquest; witnesses; recognizance for appearance in district court.
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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 co…
Neb. Rev. Stat. § 23-1809 Inquest; verdict; form.
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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 Nebra…
Repealed. Laws 1986, LB 548, § 15.
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[Repealed or reserved.]
Neb. Rev. Stat. § 23-1810 Inquest; verdict of murder or manslaughter; effect.
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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 th…
Neb. Rev. Stat. § 23-1811 Inquest; arrest; when authorized.
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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 pres…
Neb. Rev. Stat. § 23-1812 Inquest; warrant of arrest; effect.
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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.
Neb. Rev. Stat. § 23-1813 Inquest; warrant of arrest; contents.
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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.
Neb. Rev. Stat. § 23-1814 Inquest; return to district court; contents; duty.
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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.
Neb. Rev. Stat. § 23-1815 Inquest; personal property; discovery on or near body; disposition.
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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 de…
Neb. Rev. Stat. § 23-1816 Inquest; body of deceased; disposition.
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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 prop…
Neb. Rev. Stat. § 23-1817 Coroner; duties; performance by sheriff.
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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.