Nebraska Revised Statutes

Neb. Rev. Stat. § 17-201 (2026)

Village, defined; incorporation; restriction on territory; condition; village board of trustees

✓ current as of July 2026

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(1) Any municipality containing not less than one hundred nor more than eight hundred 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 incorporated as a village under the laws of this state, any village that votes to retain village government as provided in section 17-312, and any city of the second class that has adopted village government as provided by sections 17-306 to 17-309 shall be a village and shall have the rights, powers, and immunities granted by law to villages. The population of a village shall consist of the people residing within the territorial boundaries of such village and the residents of any territory duly and properly annexed to such village.

(2) Whenever a majority of the inhabitants of any village, not incorporated under any laws of this state, present a petition to the county board of the county in which the petitioners reside, requesting that they may be incorporated as a village and designating the name they wish to assume, whether the village board of trustees will have three or five members, and the metes and bounds of the proposed village, and a majority of the members of such county board are satisfied that a majority of the inhabitants of the proposed village have signed such petition and that inhabitants to the number of one hundred or more are actual residents of the territory described in the petition, the county board shall declare the proposed village incorporated, enter the order of incorporation upon its records, and designate the metes and bounds of such village. Thereafter the village shall be governed by the provisions of law applicable to the government of villages. The county board shall, at the time of the incorporation of the village, appoint three or five persons pursuant to the number of members of the village board designated in the petition, having the qualifications provided in section 17-203, as the village board of trustees, who shall hold their offices and perform all the duties required of them by law until the election and qualification of their successors at the time and in the manner provided in section 17-202, except that the county board shall not declare a proposed village incorporated or enter an order of incorporation if any portion of the territory of such proposed village is within five miles of another incorporated municipality.

Notes of Decisions

Cited in 8 cases, 1939–2016 · leading case: Little v. Bd. of Cnty. Commissioners, 140 N.W.2d 1 (Neb. 1966).

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Little v. Bd. of Cnty. Commissioners, 140 N.W.2d 1 (Neb. 1966). · cites it 10× “Appellants attempted to incorporate the area as a village under the provisions of section 17-201, R. R. S. 1943. A 1961 amendment to said section, which became effective after the filing of appellants’ petition, does not affect this case.”

State Ex Rel. Lanman v. Bd. of Cty. Comm'rs of Dawson Cty., 763 N.W.2d 392 (Neb. 2009). · cites it 17× “Neb.Rev.Stat. § 17-201 (Reissue 2007) permits the incorporation of a village upon the petition of "a majority of the taxable inhabitants of any town or village, not incorporated under any laws of this state.”

Vill. at North Platte v. Lincoln Cty. Bd. of Equal., 292 Neb. 533 (Neb. 2016). · cites it 2× “4 See Neb. Rev. Stat. § 17-201 (Cum. Supp. 2014).”

State Ex Rel. Little v. Bd. of Cnty. Commissioners, 155 N.W.2d 351 (Neb. 1967). · cites it 8× “This is an appeal from the denial of a writ of mandamus to require the county board of Cherry County to form the, Village of Valentine Motel, pursuant to section 17-201, R. R. S. 1943. An appeal from an order dismissing the petition in error for review of the order of the county…”

Smith v. Parker, 996 F. Supp. 2d 815 (D. Neb. 2014). · cites it 2× “The Village of Pender, Nebraska, (“Pender”) is a village as defined by Neb. Rev.Stat. § 17-201 with a population of approximately 1,300 residents in northeastern Nebraska, and is a plaintiff in this litigation.”

Kriz v. Klingensmith, 125 N.W.2d 674 (Neb. 1964). · cites it 22× “from exercising any governmental functions; and for a declaratory judgment determining that section 17-201, R. R. S. 1943, is unconstitutional and that the -village does not legally exist.”

State ex rel. Schoonover v. Crabill, 287 N.W. 669 (Neb. 1939). · cites it 2× “Nevertheless, the relator further contends that, under the facts recited, they were entitled to have an order of incorporation entered by the board of county commissioners on their records, as required by section 17-201, Comp. St. 1929, which is, in part, as follows: “Whenever a…”

Vill. of Union v. Bescheinen (Neb. Ct. App. 2015). · cites it 2× “FACTUAL BACKGROUND The Village of Union (Village) is a municipal corporation located in Cass County, Nebraska, and organized pursuant to Neb. Rev. Stat. § 17-201 et seq. (Reissue 2012).”

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