Constitution of Nebraska — Article XV

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XV-1 Official oath; refusal; disqualification.

Reissue Revised Statutes of Nebraska

XV-1

Official oath; refusal; disqualification.

Executive and judicial officers and members of the legislature, before they enter upon their official duties shall take and subscribe the following oath, or affirmation. "I do solemnly swear (or affirm) that I will support the constitution of the United States, and the constitution of the State of Nebraska, and will faithfully discharge the duties of .......... according to the best of my ability, and that at the election at which I was chosen to fill said office, I have not improperly influenced in any way the vote of any elector, and have not accepted, nor will I accept or receive, directly or indirectly, any money or other valuable thing from any corporation, company or person, or any promise of office, for any official act or influence (for any vote I may give or withhold on any bill, resolution, or appropriation)." Any such officer or member of the legislature who shall refuse to take the oath herein prescribed, shall forfeit his office, and any person who shall be convicted of having sworn falsely to, or of violating his said oath shall forfeit his office, and thereafter be disqualified from holding any office of profit or trust in this state unless he shall have been restored to civil rights.

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

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

Violation of judicial oath aggravates offense of disregarding oath as a lawyer. State ex rel. Nebraska State Bar Assn. v. Conover, 166 Neb. 132, 88 N.W.2d 135 (1958).

County judge is required to take oath of constitutional officers. State ex rel. Nebraska State Bar Assn. v. Wiebusch, 153 Neb. 583, 45 N.W.2d 583 (1951).

Exact form of oath to be taken by executive and judicial officers and members of Legislature is prescribed. State ex rel. Johnson v. Chase, 147 Neb. 758, 25 N.W.2d 1 (1946).

A judicial officer is required to take and subscribe to the oath prescribed by this section. Duffy v. State ex rel. Edson, 60 Neb. 812, 84 N.W. 264 (1900).

XV-2 Official in default as collector and custodian of public money or property; disqualification; felon disqualified.

Reissue Revised Statutes of Nebraska

XV-2

Official in default as collector and custodian of public money or property; disqualification; felon disqualified.

No person who is in default as collector and custodian of public money or property shall be eligible to any office of trust or profit under the constitution or laws of this state. No person convicted of a felony shall be eligible to any such office unless he shall have been restored to civil rights.

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

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

Amended 1972, Laws 1972, LB 503, sec. 1.

The term "default" implies more than a mere civil liability, as there must exist a willful omission to account and pay over, with a corrupt intention, or such a flagrant disregard of duty as fairly to justify the inference that the conduct complained of was willful and corrupt. State ex rel. Brazda v. Marsh, 141 Neb. 817, 5 N.W.2d 206 (1942).

County treasurer is "collector and custodian" of public money within the meaning of this section. Section requires sufficient proof of such willful misconduct that the intent to misappropriate the trust funds in his hands as county treasurer is fairly inferable therefrom. State ex rel. Good v. Marsh, 125 Neb. 125, 249 N.W. 295 (1933).

Failure of clerk of district court to pay over money rendered him ineligible to hold office. State ex rel. Sorensen v. Farley, 123 Neb. 687, 243 N.W. 867 (1932).

Conviction of felony does not prevent former convict from suing for personal injuries. Bosteder v. Duling, 115 Neb. 557, 213 N.W. 809 (1927).

Public officer who mingles public funds with his own, and uses them as his own, is in default and ineligible to any office while the default exists. State ex rel. Broatch v. Moores, 56 Neb. 1, 76 N.W. 530 (1898).

XV-3 Repealed 1986. Laws 1986, LR 318, sec. 1.

Reissue Revised Statutes of Nebraska

XV-3

Repealed 1986. Laws 1986, LR 318, sec. 1.

XV-4 Water a public necessity.

Reissue Revised Statutes of Nebraska

XV-4

Water a public necessity.

The necessity of water for domestic use and for irrigation purposes in the State of Nebraska is hereby declared to be a natural want.

Neb. Const. art. XIV, sec. 4 (1920);

Adopted 1920, Constitutional Convention, 1919-1920, No. 35;

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

1. Natural want

2. Appropriation

3. Miscellaneous

1. Natural want

Ground waters, whether they be percolating waters or underground streams, are a natural want in this state. Metropolitan Utilities Dist. v. Merritt Beach Co., 179 Neb. 783, 140 N.W.2d 626 (1966).

This section declares the necessity of water for domestic use and for irrigation purposes to be a natural want. Hickman v. Loup River P. P. Dist., 176 Neb. 416, 126 N.W.2d 404 (1964).

Water for domestic use and for irrigation purposes is a natural want. State v. Birdwood Irrigation District, 154 Neb. 52, 46 N.W.2d 884 (1951).

2. Appropriation

Sections 46-2,107 through 46-2,119, permitting instream flow appropriations, do not offend this provision or Neb. Const. art. XV, section 5 or 6. In re Application A-16642, 236 Neb. 671, 463 N.W.2d 591 (1990).

Department of Water Resources initially determines right to an appropriation of water. Ainsworth Irr. Dist. v. Bejot, 170 Neb. 257, 102 N.W.2d 416 (1960).

Claim made and rejected that appropriation of surface and ground waters without compensation violated this section. Dischner v. Loup River P. P. Dist., 147 Neb. 949, 25 N.W.2d 813 (1947).

Rights of irrigation in Nebraska exist only as created and defined in constitutional provisions and statutes, and right of appropriation for irrigation is limited to natural streams. Drainage Dist. No. 1 of Lincoln v. Suburban Irr. Dist., 139 Neb. 460, 298 N.W. 131 (1941).

Water rights become vested as of date of appropriation and junior appropriators may use available water within the limits of their appropriation as long as the rights of senior appropriators are not injured or damaged. State ex rel. Cary v. Cochran, 138 Neb. 163, 292 N.W. 239 (1940).

By adoption of this and two succeeding sections, Nebraska recognized the principle of prior appropriation of waters. Nebraska v. Wyoming, 325 U.S. 589 (1945).

3. Miscellaneous

The statutory law and judicial decisions of the Nebraska Supreme Court show a clear intention to enforce and maintain a rigid economy in the use of public waters in order to secure the greatest benefit possible from the waters available for irrigation. The state has the right, under both the police powers and the Nebraska Constitution, to regulate the use of natural rivers and streams so that waste is eliminated. In re Water Appropriation Nos. 442A, 461, 462 & 485, 210 Neb. 161, 313 N.W.2d 271 (1981).

Riparian rights were not abolished by this section. Wassenburger v. Coffee, 180 Neb. 149, 141 N.W.2d 738 (1966).

Legislative conservation and control of water by reclamation districts is a public purpose. Nebraska Mid-State Reclamation District v. Hall County, 152 Neb. 410, 41 N.W.2d 397 (1950).

Constitution as well as statutes recognizes and encourages irrigation. Landowner may improve land by artificial application of water in reasonable and careful manner, without liability to adjoining owner except for negligence or willful act proximately causing damage. Spurrier v. Mitchell Irr. Dist., 119 Neb. 401, 229 N.W. 273 (1930).

XV-5 Use of water dedicated to people.

Reissue Revised Statutes of Nebraska

XV-5

Use of water dedicated to people.

The use of the water of every natural stream within the State of Nebraska is hereby dedicated to the people of the state for beneficial purposes, subject to the provisions of the following section.

Neb. Const. art. XIV, sec. 5 (1920);

Adopted 1920, Constitutional Convention, 1919-1920, No. 35;

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

Sections 46-2,107 through 46-2,119, permitting instream flow appropriations, do not offend this provision or Neb. Const. art. XV, section 4 or 6. In re Application A-16642, 236 Neb. 671, 463 N.W.2d 591 (1990).

The state has the right, under both the police powers and the Nebraska Constitution, to regulate the use of natural rivers and streams so that waste is eliminated. In re Water Appropriation Nos. 442A, 461, 462 & 485, 210 Neb. 161, 313 N.W.2d 271 (1981).

Riparian rights were not abolished by this section. Wassenburger v. Coffee, 180 Neb. 149, 141 N.W.2d 738 (1966).

The right to appropriate water for irrigation purposes is limited to waters of natural streams. Rogers v. Petsch, 174 Neb. 313, 117 N.W.2d 771 (1962); Drainage Dist. No. 1 of Lincoln v. Suburban Irr. Dist., 139 Neb. 460, 298 N.W. 131 (1941).

Department of Water Resources has authority to make findings and orders for appropriation of water. Ainsworth Irr. Dist. v. Bejot, 170 Neb. 257, 102 N.W.2d 416 (1960).

Right to use of natural stream acquired prior to 1895 is a vested property right and may not be taken away by legislative action. City of Fairbury v. Fairbury Mill & Elevator Co., 123 Neb. 588, 243 N.W. 774 (1932).

Right to appropriate public waters of state for generating electrical energy is franchise, and taxable as such. Northern Nebraska Power Co. v. Holt County, 120 Neb. 724, 235 N.W. 92 (1931).

XV-6 Right to divert unappropriated waters.

Reissue Revised Statutes of Nebraska

XV-6

Right to divert unappropriated waters.

The right to divert unappropriated waters of every natural stream for beneficial use shall never be denied except when such denial is demanded by the public interest. Priority of appropriation shall give the better right as between those using the water for the same purpose, but when the waters of any natural stream are not sufficient for the use of all those desiring to use the same, those using the water for domestic purposes shall have preference over those claiming it for any other purpose, and those using the water for agricultural purposes shall have the preference over those using the same for manufacturing purposes. Provided, no inferior right to the use of the waters of this state shall be acquired by a superior right without just compensation therefor to the inferior user.

Neb. Const. art. XIV, sec. 6 (1920);

Adopted 1920, Constitutional Convention, 1919-1920, No. 35;

Transferred by Constitutional Convention, 1919-1920, art. XV, sec. 6.

1. Appropriation for domestic purposes

2. Appropriation for irrigation

3. Compensation

4. State's powers

5. Miscellaneous

1. Appropriation for domestic purposes

Preference is given to appropriators using water for domestic and agricultural purposes. Cozad Ditch Co. v. Central Neb. Public Power & Irr. Co., 132 Neb. 547, 272 N.W. 560 (1937).

2. Appropriation for irrigation

The right to appropriate water for irrigation purposes is limited to water of natural streams. Rogers v. Petsch, 174 Neb. 313, 117 N.W.2d 771 (1962).

Rights of irrigation in Nebraska exist only as created and defined in constitutional provisions and statutes, and right of appropriation for irrigation is limited to natural streams. Drainage Dist. No. 1 of Lincoln v. Suburban Irr. Dist., 139 Neb. 460, 298 N.W. 131 (1941).

3. Compensation

Claim made and rejected that appropriation of surface and ground waters without compensation violated this section. Dischner v. Loup River P. P. Dist., 147 Neb. 949, 25 N.W.2d 813 (1947).

While those using waters for irrigation purposes are entitled to preference over those using it for power purposes, waters previously appropriated for power purposes may be taken and appropriated by a junior appropriator in point of time for irrigation only upon due and fair compensation. Loup River Public Power Dist. v. North Loup River Public Power & Irr. Dist., 142 Neb. 141, 5 N.W.2d 240 (1942).

4. State's powers

This provision does not require that the director engage in a particular sequential consideration of the issues presented by an application. This provision is not self-executing. Central Platte NRD v. City of Fremont, 250 Neb. 252, 549 N.W.2d 112 (1996).

This provision is not self-executing, and it is, therefore, within the Legislature's province to pass statutes to delineate the public interest. In re Applications A-16027 et al., 242 Neb. 315, 495 N.W.2d 23 (1993).

Sections 46-2,107 through 46-2,119, permitting instream flow appropriations, do not offend this provision or Neb. Const. art. XV, section 4 or 5. In re Application A-16642, 236 Neb. 671, 463 N.W.2d 591 (1990).

The state has the right, under both the police powers and the Nebraska Constitution, to regulate the use of natural rivers and streams so that waste is eliminated. In re Water Appropriation Nos. 442A, 461, 462 & 485, 210 Neb. 161, 313 N.W.2d 271 (1981).

Allowance or denial of application for appropriation of water was within jurisdiction of Department of Water Resources. Ainsworth Irr. Dist. v. Bejot, 170 Neb. 257, 102 N.W.2d 416 (1960).

5. Miscellaneous

The use of the term "divert" in this provision is not intended to prohibit nondiversionary appropriations, but to stress that the appropriative right is independent of riparian ownership. There is nothing in the Constitution which indicates that this provision is the exclusive means of acquiring a water right. The adoption of this provision did not do away with riparian rights. In re Application A-16642, 236 Neb. 671, 463 N.W.2d 591 (1990).

Unappropriated water is that water which is available for appropriation because it is not subject to an existing appropriative right. In re Application A-16642, 236 Neb. 671, 463 N.W.2d 591 (1990).

Riparian rights were not abolished by this section. Wassenburger v. Coffee, 180 Neb. 149, 141 N.W.2d 738 (1966).

Water rights become vested as of date of appropriation and junior appropriators may use available water within limits of their appropriation as long as rights of senior appropriators are not injured or damaged. State ex rel. Cary v. Cochran, 138 Neb. 163, 292 N.W. 239 (1940).

XV-7 Use of water for power purposes.

Reissue Revised Statutes of Nebraska

XV-7

Use of water for power purposes.

The use of the waters of the state for power purposes shall be deemed a public use and shall never be alienated, but may be leased or otherwise developed as by law prescribed.

Neb. Const. art. XIV, sec. 7 (1920);

Adopted 1920, Constitutional Convention, 1919-1920, No. 36;

Transferred by Constitutional Convention, 1919-1920, art. XV, sec. 7.

Right to appropriate public waters of state for generating electrical energy is franchise, and taxable as such. Northern Nebraska Power Co. v. Holt County, 120 Neb. 724, 235 N.W. 92 (1931).

XV-8 Employment of women and children; minimum wage.

Reissue Revised Statutes of Nebraska

XV-8

Employment of women and children; minimum wage.

Laws may be enacted regulating the hours and conditions of employment of women and children, and securing to such employees a proper minimum wage.

Neb. Const. art. XIV, sec. 8 (1920);

Adopted 1920, Constitutional Convention, 1919-1920, No. 37;

Transferred by Constitutional Convention, 1919-1920, art. XV, sec. 8.

XV-9 Controversies between employers and employees; industrial commission; appeals.

Reissue Revised Statutes of Nebraska

XV-9

Controversies between employers and employees; industrial commission; appeals.

Laws may be enacted providing for the investigation, submission, and determination of controversies between employers and employees in any business or vocation affected with a public interest and for the prevention of unfair business practices and unconscionable gains in any business or vocation affecting the public welfare. An Industrial Commission may be created for the purpose of administering such laws, and appeals shall be as provided by law.

Neb. Const. art. XIV, sec. 9 (1920);

Adopted 1920, Constitutional Convention, 1919-1920, No. 38;

Transferred by Constitutional Convention, 1919-1920, art. XV, sec. 9;

Amended 1990, Laws 1990, LR 8, sec. 1.

The Court of Industrial Relations, now Commission of Industrial Relations, has jurisdiction over the University of Nebraska based on this section in conjunction with sections 48-801 to 48-838, R.R.S.1943. University Police Officers Union v. University of Nebraska, 203 Neb. 4, 277 N.W.2d 529 (1979).

Whenever there is an industrial dispute between U.N.L. and its employees, this section of the Constitution of Nebraska and the provisions of sections 48-801 to 48-838, R.R.S.1943, come into play towards the resolution of the dispute. University Police Officers Union v. University of Nebraska, 203 Neb. 4, 277 N.W.2d 529 (1979).

The statutes which give the Court of Industrial Relations jurisdiction over public employees are not unconstitutional. American Fed. of S., C. & M. Emp. v. Department of Public Institutions, 195 Neb. 253, 237 N.W.2d 841 (1976).

The power of the Legislature to create a body with power to deal with labor relations of governmental entities and departments does not depend upon Article XV, section 9, of the Nebraska Constitution, but it exists by virtue of Article III, section 1. Orleans Education Assn. v. School Dist. of Orleans, 193 Neb. 675, 229 N.W.2d 172 (1975).

This section is an independent part of the Constitution. The Court of Industrial Relations is an agency within the purview of the Administrative Procedures Act with certain legislative and judicial powers. School Dist. of Seward Education Assn. v. School Dist. of Seward, 188 Neb. 772, 199 N.W.2d 752 (1972).

In the absence of evidence disclosing that it is confiscatory, an act regulating fees employment agencies may charge will be presumed to have been enacted on the factual situation contemplated by this section. State ex rel. Western Reference & Bond Assn. v. Kinney, 138 Neb. 574, 293 N.W. 393 (1940).

Home rule charter city selling gasoline and oil does not violate constitutional provisions relating to control of businesses affecting public welfare. Standard Oil Co. v. City of Lincoln, 114 Neb. 243, 207 N.W. 172 (1926).

XV-10 Repealed 1934. Laws 1933, c. 94, sec. 1, p. 376.

Reissue Revised Statutes of Nebraska

XV-10

Repealed 1934. Laws 1933, c. 94, sec. 1, p. 376.

XV-11 Repealed 1972. Laws 1971, LB 502, sec. 1.

Reissue Revised Statutes of Nebraska

XV-11

Repealed 1972. Laws 1971, LB 502, sec. 1.

XV-12 Removal of state capital.

Reissue Revised Statutes of Nebraska

XV-12

Removal of state capital.

The seat of government of the state shall not be removed or relocated without the assent of a majority of the electors of the state voting thereupon, at a general election or elections, under such rules and regulations as to the number of elections and manner of voting and places to be voted for, as may be prescribed by law. Provided the question of removal may be submitted at such other general elections as may be provided by law.

Neb. Const. (1875);

Transferred by Constitutional Convention, 1919-1920, art. XV, sec. 12.

XV-13 Labor organizations; no denial of employment; closed shop not permitted.

Reissue Revised Statutes of Nebraska

XV-13

Labor organizations; no denial of employment; closed shop not permitted.

No person shall be denied employment because of membership in or affiliation with, or resignation or expulsion from a labor organization or because of refusal to join or affiliate with a labor organization; nor shall any individual or corporation or association of any kind enter into any contract, written or oral, to exclude persons from employment because of membership in or nonmembership in a labor organization.

Neb. Const. art. XV, sec. 13 (1946);

Adopted 1946, Initiative Measure No. 302, sec. 1.

A public employer may not withhold pay raises otherwise determined to be granted to public employees in a given year solely on the basis that they were engaged in a labor dispute over a previous year's wages. Local No. 2088, Am. Fed. of State, County and Municipal Emp. v. County of Douglas, 208 Neb. 511, 304 N.W.2d 368 (1981).

A uniquely personal termination of employment would not violate this section. Nebraska Dept. of Roads Employees Assn. v. Department of Roads, 189 Neb. 754, 205 N.W.2d 110 (1973).

An employer's action or nonaction which results in cessation of an employee's employment is unlawful if the employer's motive is to discourage union membership or activity or in reprisal for such activity. Mid-Plains Education Assn. v. Mid-Plains Nebraska Tech. College, 189 Neb. 37, 199 N.W.2d 747 (1972).

Union shop agreements in railroad industry violated this section. Hanson v. Union Pacific R. R. Co., 160 Neb. 669, 71 N.W.2d 526 (1955).

Right to Work Amendment sustained as constitutional. Lincoln Federal Labor Union v. Northwestern Iron & Metal Co., 149 Neb. 507, 31 N.W.2d 477 (1948), affirmed in 335 U.S. 525 (1949).

As to railroad employees, Congress has provided for union shop, and congressional enactment prevails over this section. Railway Employees' Department v. Hanson, 351 U.S. 225 (1956).

Public policy that employment not be denied on basis of union membership includes public as well as private employment. American Federation of State, Co., & Mun. Emp. v. Woodward, 406 F.2d 137 (8th Cir. 1969).

XV-14 Labor organization; definition.

Reissue Revised Statutes of Nebraska

XV-14

Labor organization; definition.

The term "labor organization" means any organization of any kind, or any agency or employee representation committee or plan, which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.

Neb. Const. art. XV, sec. 14 (1946);

Adopted 1946, Initiative Measure No. 302, sec. 2.

XV-15 Labor organizations; amendment self-executing; laws to facilitate operation permitted.

Reissue Revised Statutes of Nebraska

XV-15

Labor organizations; amendment self-executing; laws to facilitate operation permitted.

This article is self-executing and shall supersede all provisions in conflict therewith; legislation may be enacted to facilitate its operation but no law shall limit or restrict the provisions hereof.

Neb. Const. art. XV, sec. 15 (1946);

Adopted 1946, Initiative Measure No. 302, sec. 3.

A public employer may not withhold pay raises otherwise determined to be granted to public employees in a given year solely on the basis that they were engaged in a labor dispute over a previous year's wages. Local No. 2088, Am. Fed. of State, County and Municipal Emp. v. County of Douglas, 208 Neb. 511, 304 N.W.2d 368 (1981).

XV-16 Repealed 1972. Laws 1971, LB 688, sec. 1.

Reissue Revised Statutes of Nebraska

XV-16

Repealed 1972. Laws 1971, LB 688, sec. 1.

XV-17 Retirement and pension funds; investment.

Reissue Revised Statutes of Nebraska

XV-17

Retirement and pension funds; investment.

Notwithstanding section 3 of Article XIII or any other provision in the Constitution:

(1) The Legislature may provide for the investment of any state funds, including retirement or pension funds of state employees and Nebraska school employees in such manner and in such investments as it may by statute provide; and

(2) The Legislature may authorize the investment of retirement or pension funds of cities, villages, school districts, public power districts, and other governmental or political subdivisions in such manner and in such investments as the governing body of such city, village, school district, public power district and other governmental or political subdivision may determine but subject to such limitations as the Legislature may by statute provide.

Neb. Const. art. XV, sec. 17 (1966);

Adopted 1966, Laws 1965, c. 302, sec. 2(2), p. 852.

XV-18 Governmental powers and functions; intergovernmental cooperation; Legislature may limit; merger or consolidation of counties or other local governments authorized.

Reissue Revised Statutes of Nebraska

XV-18

Governmental powers and functions; intergovernmental cooperation; Legislature may limit; merger or consolidation of counties or other local governments authorized.

(1) The state or any local government may exercise any of its powers or perform any of its functions, including financing the same, jointly or in cooperation with any other governmental entity or entities, either within or without the state, except as the Legislature shall provide otherwise by law.

(2) The Legislature may provide for the merger or consolidation of counties or other local governments. No merger or consolidation of municipalities or counties shall occur without the approval of a majority of the people voting in each municipality or county to be merged or consolidated as provided by law. If the proposal is a merger or consolidation of one or more municipalities with one or more counties, the vote shall be tabulated in each municipality in the county or counties separately from the areas of the county or counties outside the boundaries of the municipalities. If the merger or consolidation is not approved by a majority of voters voting in the election in a municipality proposed to be merged or consolidated or the areas of the county or counties outside the boundaries of such municipality or municipalities, the proposed merger or consolidation shall be deemed rejected. Any merger or consolidation of local governments may be initiated by petition as provided by law. Annexation shall not be considered a merger or consolidation for purposes of this section. If the Legislature provides for the merger or consolidation of one or more municipalities with one or more counties, the Legislature shall provide for the reversal of the merger or consolidation. No such reversal shall occur without voter approval. The vote shall be tabulated in each municipality which is proposed to be created by the reversal separately from the areas outside the boundaries of the proposed municipalities. If the reversal is not approved by a majority of voters voting in the election in the area within the boundaries of any proposed municipality or the areas outside the proposed municipalities, the reversal shall be deemed rejected.

Neb. Const. art. XV, sec. 18 (1972);

Adopted 1972, Laws 1971, LB 604, sec. 1;

Amended 1998, Laws 1998, LR 45CA, sec. 2.

XV-19 Liquor licenses; municipalities and counties; powers.

Reissue Revised Statutes of Nebraska

XV-19

Liquor licenses; municipalities and counties; powers.

Notwithstanding any other provision of this Constitution, the governing bodies of municipalities and counties are empowered to approve, deny, suspend, cancel, or revoke retail and bottle club liquor licenses within their jurisdictions as authorized by the Legislature.

Neb. Const. art. XV, sec. 19 (1992);

Adopted 1992, Laws 1992, LR 9CA, sec. 1.

XV-20 Omitted.

Reissue Revised Statutes of Nebraska

XV-20

Omitted.

Article XV, section 20, of the Constitution of Nebraska, as adopted in 1992 by Initiative 407, and in 1994 by Initiative 408, has been omitted because of the decisions of the Nebraska Supreme Court in Duggan v. Beermann, 245 Neb. 907, 515 N.W.2d 788 (1994) and Duggan v. Beermann, 249 Neb. 411, 544 N.W.2d 68 (1996).

XV-21 Omitted.

Reissue Revised Statutes of Nebraska

XV-21

Omitted.

Article XV, section 21, of the Constitution of Nebraska, as adopted in 1992 by Initiative 407, and in 1994 by Initiative 408, has been omitted because of the decisions of the Nebraska Supreme Court in Duggan v. Beermann, 245 Neb. 907, 515 N.W.2d 788 (1994) and Duggan v. Beermann, 249 Neb. 411, 544 N.W.2d 68 (1996).

XV-22 Omitted.

Reissue Revised Statutes of Nebraska

XV-22

Omitted.

Article XV, section 22, of the Constitution of Nebraska, as adopted in 1992 by Initiative 407, and in 1994 by Initiative 408, has been omitted because of the decisions of the Nebraska Supreme Court in Duggan v. Beermann, 245 Neb. 907, 515 N.W.2d 788 (1994) and Duggan v. Beermann, 249 Neb. 411, 544 N.W.2d 68 (1996).

XV-23 Omitted.

Reissue Revised Statutes of Nebraska

XV-23

Omitted.

Article XV, section 23, of the Constitution of Nebraska, as adopted in 1992 by Initiative 407, and in 1994 by Initiative 408, has been omitted because of the decisions of the Nebraska Supreme Court in Duggan v. Beermann, 245 Neb. 907, 515 N.W.2d 788 (1994) and Duggan v. Beermann, 249 Neb. 411, 544 N.W.2d 68 (1996).

XV-24 Omitted.

Reissue Revised Statutes of Nebraska

XV-24

Omitted.

Article XV, section 24, of the Constitution of Nebraska, as adopted in 1994 by Initiative 408, has been omitted because of the decision of the Nebraska Supreme Court in Duggan v. Beermann, 249 Neb. 411, 544 N.W.2d 68 (1996).

XV-25 Right to hunt, to fish, and to harvest wildlife; public hunting, fishing, and harvesting of wildlife; preferred means of managing and controlling wildlife.

Reissue Revised Statutes of Nebraska

XV-25

Right to hunt, to fish, and to harvest wildlife; public hunting, fishing, and harvesting of wildlife; preferred means of managing and controlling wildlife.

The citizens of Nebraska have the right to hunt, to fish, and to harvest wildlife, including by the use of traditional methods, subject only to laws, rules, and regulations regarding participation and that promote wildlife conservation and management and that preserve the future of hunting, fishing, and harvesting of wildlife. Public hunting, fishing, and harvesting of wildlife shall be a preferred means of managing and controlling wildlife. This section shall not be construed to modify any provision of law relating to trespass or property rights. This section shall not be construed to modify any provision of law relating to Article XV, section 4, Article XV, section 5, Article XV, section 6, or Article XV, section 7, of this constitution.

Neb. Const. art. XV, sec. 25 (2012);

Adopted 2012, Laws 2012, LR40CA, sec. 1.

XV-26 Political subdivision; revenues; commercial passenger air service.

Reissue Revised Statutes of Nebraska

XV-26

Political subdivision; revenues; commercial passenger air service.

Notwithstanding restrictions imposed by any other provision in the Constitution, any city, county, or other political subdivision owning or operating an airport may expend or otherwise employ its revenues, from whatever source, for the public purpose of developing, or encouraging the development of, new or expanded regularly scheduled commercial passenger air service at such airport.

Neb. Const. art. XV, sec. 26 (2022);

Adopted 2022, Laws 2022, LR283CA, sec. 1.