Nebraska State Constitution Article IX-2

Article IX-2

IX-2.

Division of county; decision of question.

No county shall be divided nor any part of the territory of any county be stricken therefrom, nor shall any county or part of the territory of any county be added to an adjoining county without submitting the question to the qualified electors of each county affected thereby, nor unless approved by a majority of the qualified electors of each county voting thereon; provided, that when county boundaries divide sections, or overlap, or fail to meet, or are in doubt, the Legislature may by law provide for their adjustment, but in all cases the new boundary shall follow the nearest section line or the thread of the main channel of a boundary stream.

Source

  • Neb. Const. art. X, sec. 2 (1875);
  • Amended 1920, Constitutional Convention, 1919-1920, No. 29;
  • Transferred by Constitutional Convention, 1919-1920, art. IX, sec. 2.

Annotations

L.B. 1003, Eighty-second Legislature, First Session (sections 23-2601 to 23-2612) did not violate this section. Dwyer v. Omaha-Douglas Public Building Commission, 188 Neb. 30, 195 N.W.2d 236 (1972).

The power given the county board to establish a hospital district containing contiguous land in more than one county is a reasonable provision and does not violate this section. Syfie v. Tri-County Hospital Dist., 186 Neb. 478, 184 N.W.2d 398 (1971).

The boundaries of a county cannot be changed or reduced without submitting the propositions to the voters of the county. Wayne County v. Cobb, 35 Neb. 231, 52 N.W. 1102 (1892); State ex rel. Packard v. Nelson, 34 Neb. 162, 51 N.W. 648 (1892).