State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter19 > 19-2424

19-2424. City or villageclerk; prepare transcript; cost;indigent appellant.(1) Upon the request of the owner appealing a special assessmentand the payment by him or her of the estimated cost of preparation of thetranscript to the city or village clerk or such clerk's designee, thecity or village clerk shall cause a complete transcript of the proceedingsbefore such city or village 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 provided to theappellant, the appellant shall pay the amount of the cost of preparation whichis in excess of the estimated cost already paid or shall receive a refundof any amount in excess of the actual cost. An appellant determined to beindigent shall not be required to pay any costs associated with such transcriptpreparation.(2) For purposes of thissection, indigent means the inability to financially pursue the appeal withoutprejudicing the appellant's ability to provide economic necessities for theappellant or the appellant's family. Indigency shall be determined by thecourt having jurisdiction over the appeal upon motion of the appellant. Thecourt shall make a reasonable inquiry to determine the appellant's financialcondition and shall consider such factors as the appellant's income, the availabilityto 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. SourceLaws 1975, LB 468, § 3; Laws 2009, LB441, § 5.