State Codes and Statutes

Statutes > Nebraska > Chapter17 > 17-405_01

17-405.01. Annexation;powers; restrictions.(1) Except as provided insubsection (2) of this section andsection 17-407, the mayor and council of any city of the secondclass or the chairperson and members of the board of trustees of any villagemay by ordinance, except as provided in sections 13-1111 to 13-1118, at anytime, include within the corporate limits of such city or village any contiguousor adjacent lands, lots, tracts, streets, or highways as are urban or suburbanin character, and in such direction as may be deemed proper. Such grant ofpower shall not be construed as conferring power to extend the limits of anymunicipality over any agricultural lands which are rural in character.(2) The mayor and city council of any city of the second classor the chairperson and members of the board of trustees of any village may,by ordinance, annex any lands, lots, tracts, streets, or highways which constitutea redevelopment project area so designated by the city or village or its communityredevelopment authority in accordance with the provisions of the CommunityDevelopment Law and sections 18-2145 to 18-2154 when such annexation is forthe purpose of implementing a lawfully adopted redevelopment plan containinga provision dividing ad valorem taxes as provided in subsection (1) of section 18-2147 and which will involve the construction or development of an agriculturalprocessing facility, notwithstanding that such lands, lots, tracts, streets,or highways are not contiguous or adjacent or are not urban or suburban incharacter. Such annexation shall comply with all other provisions of law relatingto annexation generally for cities of the second class and villages. The cityor village shall not, in consequence of the annexation under this subsectionof any noncontiguous land, exercise the authority granted to it by statuteto extend its jurisdiction beyond its corporate boundaries for purposes ofplanning, zoning, or subdivision development without the agreement of anyother city, village, or county currently exercising such jurisdiction overthe area surrounding the annexed redevelopment project area. The annexationof any noncontiguous land undertaken pursuant to this subsection shall notresult in any change in the service area of any electric utility without theexpress agreement of the electric utility serving the annexed noncontiguousarea at the time of annexation, except that at such time following the annexationof the noncontiguous area as the city or village lawfully annexes sufficientintervening territory so as to directly connect the noncontiguous area tothe main body of the city or village, such noncontiguous area shall, solelyfor the purposes of section 70-1008, be treated as if it had been annexedby the city or village on the date upon which the connecting intervening territoryhad been formally annexed.(3) For the purposes of subsection (2) of this section, agriculturalprocessing facility means a plant or establishment where value is added toagricultural commodities through processing, fabrication, or other means andwhere eighty percent or more of the direct sales from the facility are toother than the ultimate consumer of the processed commodities. A facilityshall not qualify as an agricultural processing facility unless its constructionor development involves the investment of more than one million dollars derivedfrom nongovernmental sources. SourceLaws 1967, c. 74, § 1, p. 240; Laws 1997, LB 875, § 1; Laws 2009, LB495, § 6. Cross ReferencesCommunity Development Law, see section 18-2101. AnnotationsContiguity or adjacency requires the connecting point between the land sought to be annexed and the corporate boundary to be substantially adjacent. County of Sarpy v. City of Gretna, 273 Neb. 92, 727 N.W.2d 690 (2007).Neither the shape of the annexed tract nor the purpose for the annexation determines whether an annexation is lawful. County of Sarpy v. City of Gretna, 273 Neb. 92, 727 N.W.2d 690 (2007).Agricultural lands which are urban or suburban in character are subject to annexation hereunder and there is no provision which prevents consideration thereof at a special meeting. Holden v. City of Tecumseh, 188 Neb. 117, 195 N.W.2d 225 (1972).