Nebraska Revised Statutes

Neb. Rev. Stat. § 17-101 (2026)

City of the second class, defined; population; exception

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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Each municipality containing more than eight hundred and not more than five 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 a city of the second class unless it adopts or retains a village form of government as provided in sections 17-306 to 17-312. The population of a city of the second 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 10 cases (3 in the last 5 years), 1931–2023 · leading case: State v. Allen, 992 N.W.2d 712 (Neb. 2023).
State v. Allen, 992 N.W.2d 712 (Neb. 2023). · cites it 2× “ALLEN speculation as to what its members might do in response to the jury’s verdicts do not implicate the same concerns as racial animus against a defendant.”
Sanitary & Improvement Dist. 57 v. City of Elkhorn, 536 N.W.2d 56 (Neb. 1995). · cites it 2× “See Neb. Rev. Stat. § 17-101 (Reissue 1991). Neb.”
Hedrick v. Pfeiffer, 10 F. Supp. 2d 1106 (D. Neb. 1998). · cites it 2× “The City of Waverly has a population of approximately 2000 and is a city of the second class pursuant to Neb.Rev.Stat. § 17-101 (Michie 1995). Hedrick’s property is located within- one mile of the Waverly corporate limits* (Filing 27 ¶¶ 6 & 7, Supp.”
Miller v. Peterson, 305 N.W.2d 364 (Neb. 1981). “Uniform Vehicle Code § 17-101. The Nebraska Rules of the Road, as previously mentioned, classify these offenses as “traffic infractions” and, although failing to grant authority for jail sentences, follow the system of progressive fines found in the uniform code.”
Cassidy v. Us/us Postal Serv., 5 F. Supp. 2d 1040 (D. Neb. 1997). · cites it 2× “” Neb.Rev.Stat.Ann. § 17-101 (Michie 1995).”
State ex rel. City of Alma v. Furnas Cnty. Farms, 595 N.W.2d 551 (Neb. 1999). · cites it 2× “FACTUAL AND PROCEDURAL BACKGROUND The City of Alma (City), organized and existing as a city of the second class pursuant to Neb. Rev. Stat. § 17-101 et seq. (Reissue 1997), filed a verified petition on November 5, 1997, seeking a writ of mandamus pursuant to Neb.”
State v. Allen, 314 Neb. 663 (2023). · cites it 2× “ALLEN speculation as to what its members might do in response to the jury’s verdicts do not implicate the same concerns as racial animus against a defendant.”
Cnty. of Sarpy v. City of Gretna, 960 N.W.2d 272 (Neb. 2021). · cites it 2× “On November 21, 2017, the Gretna City Council adopted ordinances Nos.”
In re Mba Poultry, LLC, 251 B.R. 82 (Bankr. D. Neb. 2000). “§ 17-101 et seq. (Michie 1995 and Supp.1999).”
State ex rel. City of O'Neill v. Marsh, 238 N.W. 760 (Neb. 1931). “The relator bases its authority upon sections 17-101, 17-121, and 17-149, Comp.”
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