State Codes and Statutes

Statutes > Nebraska > Chapter19 > 19-5001

19-5001. Written notice of proposed annexation;manner; contents; liability; limitation on action.(1) A city of the first or second classor village shall provide written notice of a proposed annexation to the ownersof property within the area proposed for annexation in the manner set outin this section.(2) Initialnotice of the proposed annexation shall be sent to the owners of propertywithin the area proposed for annexation by regular United States mail, postageprepaid, to the address of each owner of such property as it appears in therecords of the office of the register of deeds or as the address is determinedfrom another official source, postmarked at least ten working days prior tothe planning commission's public hearing on the proposed change with a certifiedletter to the clerk of any sanitary and improvement district if the annexationincludes property located within the boundaries of such district. Such noticeshall describe the area proposed for annexation, including a map showing theboundaries of the area proposed for annexation, and shall contain the date,time, and location of the planning commission's hearing and how further informationregarding the annexation can be obtained, including the telephone number ofthe pertinent city or village official and an electronic mail or Internetaddress if available.(3) A second notice of the proposed annexation shall be sent to thesame owners of property who were provided with notice under subsection (2)of this section. Such notice shall be sent by regular United States mail,postage prepaid, to the owner's address as it appears in the records of theoffice of the register of deeds or as the address is determined from anotherofficial source, postmarked at least ten working days prior to the publichearing of the city council or village board on the annexation. Such noticeshall describe the area proposed for annexation, including a map showing theboundaries of the area proposed for annexation, and shall contain the date,time, and location of the hearing and how further information regarding theannexation can be obtained, including the telephone number of the pertinentcity or village official and an electronic mail or Internet address if available.(4) No additionalor further notice beyond that required by subsections (2) and (3) of thissection shall be necessary if the scheduled public hearing by the planningcommission or city council or village board on the proposed annexation isadjourned, continued, or postponed until a later date.(5) Exceptfor a willful or deliberate failure to cause notice to be given, no annexationdecision made by a city of the first or second class or village to acceptor reject a proposed annexation, either in whole or in part, shall be void,invalidated, or affected in any way because of any irregularity, defect, error,or failure on the part of the city or village or its employees to cause noticeto be given as required by this section if a reasonable attempt to complywith this section was made. No action to challenge the validity of the acceptanceor rejection of a proposed annexation on the basis of this section shall befiled more than one year following the date after the formal acceptance orrejection of the annexation by the city council or village board.(6) Exceptfor a willful or deliberate failure to cause notice to be given, the cityof the first or second class or village and its employees shall not be liablefor any damage to any person resulting from failure to cause notice to begiven as required by this section if a reasonable attempt was made to providesuch notice. No action for damages resulting from the failure to cause noticeto be provided as required by this section shall be filed more than one yearfollowing the date of the formal acceptance or rejection of the proposed annexation,either in whole or in part, by the city council or village board.(7) For purposesof this section, owner means the owner of a piece of property as indicatedon the records of the office of the register of deeds as provided to or madeavailable to the city of the first or second class or village no earlier thanthe last business day before the twenty-fifth day preceding the public hearingby the planning commission on the annexation proposed for the subject property. SourceLaws 2009, LB495, § 1.