Neb. Rev. Stat. » Chapter 16
Nebraska Revised Statutes

Neb. Rev. Stat. § 16-101 (2026)

Cities of the first class, defined; population required

✓ current as of July 2026
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All cities having more than five thousand and not more than one hundred thousand inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census shall be known as cities of the first class. The population of a city of the first class shall consist of the people residing within the territorial boundaries of such city and the residents of any territory duly and properly annexed to such city.

Notes of Decisions
Cited in 14 cases (3 in the last 5 years), 1941–2022 · leading case: Abboud v. Lakeview, Inc., 466 N.W.2d 442 (Neb. 1991).
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Abboud v. Lakeview, Inc., 466 N.W.2d 442 (Neb. 1991). · cites it 2× “In contrast, Ralston is defined under Neb. Rev. Stat. § 16-101 (Reissue 1987) as a city of the first class because it has between 5,000 and 100,000 inhabitants.”
Swedlund v. City of Hastings, 501 N.W.2d 302 (Neb. 1993). · cites it 2× “Neb. Rev. Stat. § 16-101 (Reissue 1991). As such, it has the statutory authority to extend its city limits, subject to certain limitations.”
Johnson v. City of Hastings, 488 N.W.2d 20 (Neb. 1992). · cites it 2× “Neb. Rev. Stat. § 16-101 (Reissue 1991). Neb.”
Fred Keller, Jr. v. City of Fremont, 719 F.3d 931 (8th Cir. 2013). “See Neb. Rev. Stat. § 16-101 . In recent years, as reflected in U.”
State v. Wilen, 539 N.W.2d 650 (Neb. Ct. App. 1995). · cites it 2× “The city of Bellevue is a city of the first class under Neb. Rev. Stat. § 16-101 (Cum. Supp. 1994).”
State v. Johnson, 979 N.W.2d 123 (Neb. Ct. App. 2022). · cites it 4× “He argues that under Neb. Rev. Stat. § 16-101 (Cum. Supp. 2020) (defining cities of the first class as having more than 5,000 and not more than 100,000 inhabitants “as determined by the most recent federal decennial census or the most recent revised certified count by the United…”
Cornhusker Pub. Power Dist. v. City of Schuyler, 699 N.W.2d 352 (Neb. 2005). · cites it 2× “include within the corporate limits of such city any contiguous or adjacent lands, lots, tracts, streets, or highways as are urban or suburban in character and in such direction as may be deemed proper.”
Rodehorst Bros. v. City of Norfolk Bd. of Adjustment, 844 N.W.2d 755 (Neb. 2014). · cites it 2× “779 these provisions, if a nonconforming use is “discontinued” for 1 year, then the user’s right to continue the nonconforming use is lost. [2] The use of the term “discontinued,” as opposed to “aban- doned,” is important.”
State ex rel. Cashman v. Carmean, 295 N.W. 801 (Neb. 1941). · cites it 6× “1929, enacted in 1901 and still intact, which provides: “All cities having more than five thousand and less than twenty-five thousand inhabitants, as ascertained and officially promulgated by the census return and enumeration taken under the authority of the laws of the United…”
City of All. v. Box Butte Cnty. Bd. of Equalization, 656 N.W.2d 439 (Neb. 2003). · cites it 2× “Alliance is a city of the first class having those powers enumerated in Neb. Rev. Stat. § 16-101 et seq. (Reissue 1997 & Cum.”
SourceGas Distrib. v. City of Hastings, 844 N.W.2d 256 (Neb. 2014). · cites it 2× “STATEMENT OF FACTS Hastings is located in Adams County and is a city of the first class as defined by Neb. Rev. Stat. § 16-101 (Reissue 2012). Hastings, by and through its board of public works, which is often referred to as “Hastings Utilities,” owns and operates its own…”
Walker v. City of Fremont, Nebraska (D. Neb. 2021). · cites it 2× “See also Neb. Rev. Stat. §§16-101 ; 16- 201; and 13-903.”
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