Whenever, due to an emergency resulting from the effects of any enemy attack upon the United States, or the immediate threat thereof, it becomes imprudent, inexpedient, or impossible to conduct the affairs of the government of any political subdivision at the permanent seat of local government, the governing body thereof shall meet at such place, within or without the territorial limits of the subdivision, as the presiding officer or any two members may fix, and then shall proceed to establish and designate, by ordinance, resolution, resolve, or other appropriate manner, a temporary location or locations for an emergency local seat of government. Such location or locations shall be a site or sites which, in the judgment of the governing body, is or are proper and appropriate, under the conditions and circumstances then prevailing, and may be within or without the territorial limits of the political subdivision, or within or without this state. Thereafter, such governing body shall take such action and shall issue such orders and directives as may be necessary for the prompt and orderly transition of the affairs of the local government to such temporary location or locations. Such temporary location or locations shall be and remain the emergency local seat of government until another temporary location or locations shall be designated in the same manner, or until the Governor, by proclamation, or the Legislature, by resolution approved by the Governor, shall declare the emergency to be ended, at which time the seat of local government shall be returned to its permanent location, or shall be removed to a new permanent seat of local government established in accordance with the Constitution of Nebraska and general laws of this state.
Notes of Decisions
Cited in
5
cases, 1989–2003 · leading case:
State v. Gales, 658 N.W.2d 604 (Neb. 2003).
State v. Gales, 658 N.W.2d 604 (Neb. 2003).
· cites it 2× “§ 13-703 (C) (West Supp. 2001). Arizona law provided that the penalty for first degree murder was death or life imprisonment, but specified that the death penalty could be imposed only if the trial judge found at least 1 of 10 statutory “aggravating circumstancefs]” and “‘no…”
State v. Rust, 528 N.W.2d 320 (Neb. 1995).
· cites it 2× “§ 13-703 (1989); Bullington, supra; Rumsey, supra.”
State v. Ryan, 444 N.W.2d 610 (Neb. 1989).
“§ 13-703 (Supp. 1988); Idaho Code § 19-2515 (1987); Mont.”
Williams v. Clarke, 823 F. Supp. 1486 (D. Neb. 1993).
· cites it 2× “In determining whether Arizona’s statutory aggravating circumstances were “elements” of a distinct offense, the court examined the following: (1) the legislative history of Arizona’s death penalty statutes; (2) the actual role played by aggravating circumstances under Arizona’s…”
Moore v. Kinney, 119 F. Supp. 2d 1022 (D. Neb. 2000).
“§ 13-703(F)(6) (Supp. 1988). The Supreme Court sustained application of that language as it had been narrowed by construction in State v.”
— Neb. Rev. Stat. § 13-703(F) — 1 case
State v. Gales, 658 N.W.2d 604 (Neb. 2003).
“§ 13-703 (C) (West Supp. 2001). Arizona law provided that the penalty for first degree murder was death or life imprisonment, but specified that the death penalty could be imposed only if the trial judge found at least 1 of 10 statutory “aggravating circumstancefs]” and “‘no…”
— Neb. Rev. Stat. § 13-703(F)(5) — 1 case
Williams v. Clarke, 823 F. Supp. 1486 (D. Neb. 1993).
“In determining whether Arizona’s statutory aggravating circumstances were “elements” of a distinct offense, the court examined the following: (1) the legislative history of Arizona’s death penalty statutes; (2) the actual role played by aggravating circumstances under Arizona’s…”
— Neb. Rev. Stat. § 13-703(F)(6) — 1 case
Moore v. Kinney, 119 F. Supp. 2d 1022 (D. Neb. 2000).
“§ 13-703(F)(6) (Supp. 1988). The Supreme Court sustained application of that language as it had been narrowed by construction in State v.”
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