Chapter 23 — COUNTY GOVERNMENT AND OFFICERS
1,275 sections in this chapter.
Neb. Rev. Stat. § 23-1818 Inquest; surgeons; subpoena; when authorized.
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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.
Neb. Rev. Stat. § 23-1819 Murder; warrant for arrest of suspect; when required.
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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.
Repealed. Laws 1986, LB 548, § 15.
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[Repealed or reserved.]
Neb. Rev. Stat. § 23-1820 Coroner's physician; appointment; when authorized; duties; compensation; mileage.
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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 …
Neb. Rev. Stat. § 23-1821 Death during apprehension or custody; notice required; penalty.
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(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 enfo…
Neb. Rev. Stat. § 23-1822 Death during apprehension or custody; county coroner; duties.
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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…
Neb. Rev. Stat. § 23-1823 Death during apprehension or custody; powers.
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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.
Neb. Rev. Stat. § 23-1824 Minor; autopsy required; when; guidelines; reimbursement.
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(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 deat…
Neb. Rev. Stat. § 23-1825 Organ and tissue donations; legislative findings.
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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 purpos…
Neb. Rev. Stat. § 23-1826 Organ and tissue donations; terms, defined.
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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 sectio…
Neb. Rev. Stat. § 23-1827 Organ and tissue donations; preliminary investigation; access to information; release of organs or tissues; exception; presence for removal procedure.
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(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 …
Neb. Rev. Stat. § 23-1828 Organ and tissue donations; failure to complete preliminary investigation; effect.
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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 prelimin…
Neb. Rev. Stat. § 23-1829 Organ and tissue donations; denial of recovery; written report required.
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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.
Repealed. Laws 1986, LB 548, § 15.
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[Repealed or reserved.]
Neb. Rev. Stat. § 23-1830 Organ and tissue donations; coroner's access to medical information, medical records, pathology reports, and the donor's body.
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(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,…
Neb. Rev. Stat. § 23-1831 Organ and tissue donations; report provided to coroner; contents.
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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 ti…
Neb. Rev. Stat. § 23-1832 Organ and tissue donations; immunity from criminal liability.
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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 sect…
Repealed. Laws 1986, LB 548, § 15.
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[Repealed or reserved.]
Repealed. Laws 1986, LB 548, § 15.
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[Repealed or reserved.]
Repealed. Laws 2012, LB 801, § 102.
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[Repealed or reserved.]
Neb. Rev. Stat. § 23-187 Subjects regulated; power to enforce.
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(1) In addition to the powers granted by section 23-104, a county may, in the manner specified by sections 23-187 to 23-193, regulate the following subjects by ordinance: (a) Parking of motor vehicles on public roads, highways, and rights-of-way as it pertains to snow removal for…
Neb. Rev. Stat. § 23-188 County board; notice; contents; public hearing.
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A county board shall provide notice of the time when any county ordinance is set for consideration before the board. Such notice shall appear at least once a week for two weeks in a newspaper published or of general circulation in the county. The notice shall contain the entire w…
Neb. Rev. Stat. § 23-189 Proof of ordinance; proof of adoption and publication.
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A county ordinance may be proved by the certificate of the county clerk under the seal of the county. The adoption and publication of the ordinance shall be sufficiently proved by a certificate under the seal of the county, from the county clerk, showing (1) that such ordinance w…
Neb. Rev. Stat. § 23-190 County ordinance; reading by title; suspension of requirement; adoption; vote required; revision or amendment.
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(1) A county ordinance shall be read by title on three different days unless three-fourths of the county board members, following the public hearing on the ordinance, vote to suspend this requirement. If such requirement is suspended, the ordinance shall be read by title or numbe…
Neb. Rev. Stat. § 23-1901 County surveyor; county engineer; qualifications; powers and duties.
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(1) It shall be the duty of the county surveyor to make or cause to be made all surveys within his or her county that the county surveyor may be called upon to make and record the same. (2) In all counties having a population of at least one hundred thousand inhabitants but less …
Neb. Rev. Stat. § 23-1901.01 County surveyor; residency; appointment; when; qualifications; term.
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(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 tho…
Neb. Rev. Stat. § 23-1901.02 County surveyor; deputy; appointment; oath; duties.
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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 thousa…
Repealed. Laws 1982, LB 127, § 19.
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[Repealed or reserved.]
Neb. Rev. Stat. § 23-1903 Witnesses; attendance and testimony; power to compel; fees.
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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 mate…
Neb. Rev. Stat. § 23-1904 Surveyor's certificate; use as evidence; effect.
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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.
Neb. Rev. Stat. § 23-1905 Surveyor; interest; disqualification; who may act.
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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 situ…
Neb. Rev. Stat. § 23-1906 Trespass; exemption from liability.
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The county surveyor in the performance of his official duties, shall not be liable to prosecution for trespass.
Neb. Rev. Stat. § 23-1907 Original corners; perpetuation.
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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 mat…
Neb. Rev. Stat. § 23-1908 Corners; establishment and restoration; rules governing.
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The boundaries of the public lands established by the duly appointed government surveyors, when approved by the Surveyor General and accepted by the government, are unchangeable, and the corners established thereon by them shall be held and considered as the true corners which th…
Neb. Rev. Stat. § 23-1909 Subdivisions; petition for survey; expense.
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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…
Neb. Rev. Stat. § 23-191 Style of ordinance; publication.
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The style of county ordinances shall be: "Be it ordained by the county board of the county of ...........," and all county ordinances shall, within fifteen days after they are adopted, be published in some newspaper published or of general circulation within the county.
Neb. Rev. Stat. § 23-1910 Field books; contents.
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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 b…
Neb. Rev. Stat. § 23-1911 Surveys; records; contents; available to public.
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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 showi…
Repealed. Laws 1982, LB 127, § 19.
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[Repealed or reserved.]
Neb. Rev. Stat. § 23-1913 Records; transfer to successor; violation; penalty.
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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 o…
Neb. Rev. Stat. § 23-192 Ordinance; territorial application; copy provided to clerk of city and village within county; effective date; change of jurisdiction; effect.
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(1) No ordinance adopted pursuant to sections 23-187 to 23-193 shall be effective within the corporate boundaries of any incorporated city or village located in whole or in part within the county. No ordinance adopted pursuant to sections 23-187 to 23-193 shall be effective withi…
Neb. Rev. Stat. § 23-193 County attorney; powers; filing of ordinances.
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A county attorney may sign and prosecute a complaint in the county court for a violation of an ordinance of the county in which he or she serves as county attorney. No county may prosecute a complaint for a violation of an ordinance unless such county has on file with the court a…
Neb. Rev. Stat. § 23-2 Termination of township board; public hearing; notice; resolution; termination date; conduct of business; disposal of property; discontinuance of township organization of county.
Neb. Rev. Stat. § 23-2001 County officers; removal by judicial proceedings; grounds.
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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…
Neb. Rev. Stat. § 23-2002 County officers; removal by judicial proceedings; jurisdiction of district court.
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Any person may make such charge, and the district court shall have exclusive original jurisdiction thereof by summons.
Neb. Rev. Stat. § 23-2003 County officers; removal by judicial proceedings; procedure.
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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.
Neb. Rev. Stat. § 23-2004 County officers; removal by judicial proceedings; complaint; verification.
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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.
Neb. Rev. Stat. § 23-2005 County officers; removal by judicial proceedings; complaint; summons and service.
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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.
Neb. Rev. Stat. § 23-2006 County officers; removal by judicial proceedings; defensive pleadings.
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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…
Neb. Rev. Stat. § 23-2007 County officers; removal by judicial proceedings; judgment.
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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.