Constitution of Nebraska — Article IX

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IX-1 Area.

Reissue Revised Statutes of Nebraska

IX-1

Area.

No new county shall be formed or established by the legislature which will reduce the county or counties, or either of them to a less area than four hundred square miles, nor shall any county be formed of a less area.

Neb. Const. art. X, sec. 1 (1875);

Transferred by Constitutional Convention, 1919-1920, art. IX, sec. 1.

IX-2 Division of county; decision of question.

Reissue Revised Statutes of Nebraska

IX-2

Division of county; decision of question.

No county shall be divided nor any part of the territory of any county be stricken therefrom, nor shall any county or part of the territory of any county be added to an adjoining county without submitting the question to the qualified electors of each county affected thereby, nor unless approved by a majority of the qualified electors of each county voting thereon; provided, that when county boundaries divide sections, or overlap, or fail to meet, or are in doubt, the Legislature may by law provide for their adjustment, but in all cases the new boundary shall follow the nearest section line or the thread of the main channel of a boundary stream.

Neb. Const. art. X, sec. 2 (1875);

Amended 1920, Constitutional Convention, 1919-1920, No. 29;

Transferred by Constitutional Convention, 1919-1920, art. IX, sec. 2.

L.B. 1003, Eighty-second Legislature, First Session (sections 23-2601 to 23-2612) did not violate this section. Dwyer v. Omaha-Douglas Public Building Commission, 188 Neb. 30, 195 N.W.2d 236 (1972).

The power given the county board to establish a hospital district containing contiguous land in more than one county is a reasonable provision and does not violate this section. Syfie v. Tri-County Hospital Dist., 186 Neb. 478, 184 N.W.2d 398 (1971).

The boundaries of a county cannot be changed or reduced without submitting the propositions to the voters of the county. Wayne County v. Cobb, 35 Neb. 231, 52 N.W. 1102 (1892); State ex rel. Packard v. Nelson, 34 Neb. 162, 51 N.W. 648 (1892).

IX-3 County added to another; prior indebtedness; county stricken off; liabilities.

Reissue Revised Statutes of Nebraska

IX-3

County added to another; prior indebtedness; county stricken off; liabilities.

When a county shall be added to another, all prior indebtedness of each county shall remain a charge on the taxable property within the territory of each county as it existed prior to consolidation. When any part of a county is stricken off and attached to another county, the part stricken off shall be holden for its proportion of all then existing liabilities of the county from which it is taken, but shall not be holden for any then existing liabilities of the county to which it is attached.

Neb. Const. art. X, sec. 3 (1875);

Amended 1920, Constitutional Convention, 1919-1920, No. 29;

Transferred by Constitutional Convention, 1919-1920, art. IX, sec. 3.

IX-4 County and township officers.

Reissue Revised Statutes of Nebraska

IX-4

County and township officers.

The Legislature shall provide by law for the election of such county and township officers as may be necessary and for the consolidation of county offices for two or more counties; Provided, that each of the counties affected may disapprove such consolidation by a majority vote in each of such counties.

Neb. Const. art. X, sec. 4 (1875);

Transferred by Constitutional Convention, 1919-1920, art. IX, sec. 4;

Amended 1968, Laws 1967, c. 308, sec. 1, p. 834.

County election commissioners and chief deputies are not considered as classed with "county officers." State ex rel. Peterson v. Shively, 310 Neb. 1, 963 N.W.2d 508 (2021).

The members of the commission provided for in L.B. 1003, Eighty-second Legislature, First Session (sections 23-2601 to 23-2612), are not county officers and the act does not violate this section. Dwyer v. Omaha-Douglas Public Building Commission, 188 Neb. 30, 195 N.W.2d 236 (1972).

County manager is an officer of the county within the meaning of this section. State ex rel. O'Connor v. Tusa, 130 Neb. 528, 265 N.W. 524 (1936).

Division of county into commissioner districts must give equal power in local government of the county. State ex rel. Harte v. Moorhead, 99 Neb. 527, 156 N.W. 1067 (1916).

County judges are not considered as classed with "county officers." Conroy v. Hallowell, 94 Neb. 794, 144 N.W. 895 (1913).

The number and character of county officers that may be created rests in the discretion of the Legislature. Dinsmore v. State, 61 Neb. 418, 85 N.W. 445 (1901).

IX-5 Township organization.

Reissue Revised Statutes of Nebraska

IX-5

Township organization.

The Legislature shall provide by general law for township organization, under which any county may organize whenever a majority of the legal voters of such county voting at any general election shall so determine; and in any county that shall have adopted a township organization the question of continuing the same may be submitted to a vote of the electors of such county at a general election in the manner that shall be provided by law.

Neb. Const. art. X, sec. 5 (1875);

Transferred by Constitutional Convention, 1919-1920, art. IX, sec. 5.

L.B. 1003, Eighty-second Legislature, First Session (sections 23-2601 to 23-2612) did not violate this section. Dwyer v. Omaha-Douglas Public Building Commission, 188 Neb. 30, 195 N.W.2d 236 (1972).

It was the intention by this section to permit adoption of township system of government in counties. Chicago, B. & Q. R. R. Co. v. Klein, 52 Neb. 258, 71 N.W. 1069 (1897).

In order to adopt township organization, a majority of the legal voters of the county voting at the election must be recorded in favor of it. State ex rel. Hocknell v. Roper, 46 Neb. 724, 61 N.W. 753 (1895).

Vote of people is only required upon general question of adopting or continuing township organization. Van Horn v. State ex rel. Abbott, 46 Neb. 62, 64 N.W. 365 (1895).

Adoption of township organization does not shorten terms of county officers. State ex rel. Crossley v. Hedlund, 16 Neb. 566, 20 N.W. 876 (1884).