State Codes and Statutes

Statutes > Nebraska > Chapter14 > 14-813

14-813. Awards, orders ofcouncil; appeals from; procedure;indigent appellant.Whenever the rightof appeal is conferred by this act, the procedure, unless otherwise provided, shall be substantially asfollows: The claimant or appellant shall, within twenty days after thedate of the order complained of, execute a bond to such city with sufficientsurety to be approved by the clerk, conditioned for the faithful prosecutionof such appeal, and the payment of all costs adjudged against the appellant.Such bond shall be filed in the office of the city clerk. Uponthe request of the appellant and the payment by the appellant to the cityclerk or his or her designee of the estimated cost of preparation of the transcript,the city clerk shall cause a complete transcript of the proceedingsof the city relating to its decision tobe prepared. The cost of preparing the transcript shall be calculated in thesame manner as the calculation of the fee for a court reporter for the preparationof a bill of exceptions as specified by rules of practice prescribed by theSupreme Court. At such time as the completed transcript is presented to theappellant, the appellant shall pay the amount of the cost of preparation inexcess of the estimated amount already paid or shall receive a refund of anyamount in excess of the actual cost. An appellant determined to be indigentshall not be required to pay a bond or any costs associated with such transcriptpreparation. For purposes of this section, indigent means the inability tofinancially pursue the appeal without prejudicing the appellant's abilityto provide economic necessities for the appellant or the appellant's family.Indigency shall be determined by the court having jurisdiction over the appealupon motion of the appellant. The court shall make a reasonable inquiry todetermine the appellant's financial condition and shall consider such factorsas the appellant's income, the availability to the appellant of other resources,including real and personal property, bank accounts, social security benefits,and unemployment or other benefits, the appellant's normal living expenses,the appellant's outstanding debts, the number and age of the appellant's dependents,and other relevant circumstances. It shall be the duty of theclaimant or appellant to file a petition in the district court as in the commencementof an action within thirty days after the date of the orderor award appealed from, and he orshe shall also file such transcript before answer day. The proceedingsof the district court shall thereafter be the same as on appeal from the countyboard. Any taxpayer may appeal from the allowance of any claim against thecity by giving a bond and complying with this section.This section shall not beso construed as to prevent the city council from once reconsidering its action on any claim or award upon ten days'notice to the parties interested. SourceLaws 1921, c. 116, art. VII, § 13, p. 512; C.S.1922, § 3721; C.S.1929, § 14-813; R.S.1943, § 14-813; Laws 2009, LB441, § 1. Cross References"This act", defined, see section 14-101. AnnotationsA city council's disallowance of a claim because it accrued prior to eighteen months before the filing of the claim is not appealable. Thompson v. City of Omaha, 235 Neb. 346, 455 N.W.2d 538 (1990).The action of the city council on claims for pension and disability is reviewable in the district court by way of petition in error or appeal. Schmitt v. City of Omaha, 191 Neb. 608, 217 N.W.2d 86 (1974).Filing of transcript under this section is not jurisdictional. Adams v. City of Omaha, 179 Neb. 684, 139 N.W.2d 885 (1966).Right to amend appeal bond in eminent domain proceedings is conferred. Ballantyne Co. v. City of Omaha, 173 Neb. 229, 113 N.W.2d 486 (1962).Railroad company could enjoin illegal special assessment. Chicago & N.W. Ry. Co. v. City of Omaha, 156 Neb. 705, 57 N.W.2d 753 (1953).Condemnees may appeal to the district court from award of appraisers. Trial in district court is no different with respect to rules of evidence than in any other condemnation proceeding. Papke v. City of Omaha, 152 Neb. 491, 41 N.W.2d 751 (1950).Petition must be filed in district court within thirty days after final order of council assessing damage. Creighton University v. City of Omaha, 91 Neb. 486, 136 N.W. 829 (1912).An appeal from a special assessment by a metropolitan-class city taken as specified in this section means that proceedings from a district court shall be the same as on appeal from a county board, and under sections 25-1901 through 25-1908, that means appeal is taken by petition in error and the review is solely of the record made before the tribunal whose action is being reviewed. Jackson v. Board of Equal. of City of Omaha, 10 Neb. App. 330, 630 N.W.2d 680 (2001).