Nebraska Revised Statutes

Neb. Rev. Stat. § 17-405.01 (2026)

Annexation; powers; restrictions

✓ current as of July 2026

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(1) Except as provided in subsections (2) and (3) of this section and section 17-407, the mayor and city council of any city of the second class or the chairperson and members of the village board of trustees may by ordinance, except as provided in sections 13-1111 to 13-1118, at any time, include within the corporate limits of such city or village 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. Such grant of power shall not be construed as conferring power to extend the limits of any city of the second class or village over any agricultural lands which are rural in character.

(2) The mayor and city council of any city of the second class or the chairperson and members of the village board of trustees may, by ordinance, annex any lands, lots, tracts, streets, or highways which constitute a redevelopment project area so designated by the city or village or its community redevelopment authority in accordance with the provisions of the Community Development Law when such annexation is for the purpose of implementing a lawfully adopted redevelopment plan containing a provision dividing ad valorem taxes as provided in subsection (1) of section 18-2147 and which will involve the construction or development of an agricultural processing facility, notwithstanding that such lands, lots, tracts, streets, or highways are not contiguous or adjacent or are not urban or suburban in character. Such annexation shall comply with all other provisions of law relating to annexation generally for cities of the second class and villages. The city or village shall not, in consequence of the annexation under this subsection of any noncontiguous land, exercise the authority granted to it by law to extend its extraterritorial zoning jurisdiction beyond its corporate boundaries for purposes of planning, zoning, or subdivision development without the agreement of any other city, village, or county currently exercising zoning jurisdiction over the area surrounding the annexed redevelopment project area. The annexation of any noncontiguous land undertaken pursuant to this subsection shall not result in any change in the service area of any electric utility without the express agreement of the electric utility serving the annexed noncontiguous area at the time of annexation, except that at such time following the annexation of the noncontiguous area as the city or village lawfully annexes sufficient intervening territory so as to directly connect the noncontiguous area to the main body of the city or village, such noncontiguous area shall, solely for the purposes of section 70-1008, be treated as if it had been annexed by the city or village on the date upon which the connecting intervening territory had been formally annexed. For purposes of this subsection, agricultural processing facility means a plant or establishment where value is added to agricultural commodities through processing, fabrication, or other means and where eighty percent or more of the direct sales from the facility are to other than the ultimate consumer of the processed commodities. A facility shall not qualify as an agricultural processing facility unless its construction or development involves the investment of more than one million dollars derived from nongovernmental sources.

(3) The mayor and two-thirds of the city council of any city of the second class or the chairperson and two-thirds of the members of the village board of trustees may, by ordinance, annex any lands, lots, tracts, streets, or highways when such annexation is for the purpose of relocating part or all of such city or village due to catastrophic flooding, notwithstanding that such lands, lots, tracts, streets, or highways are not contiguous or adjacent or are not urban or suburban in character. Such annexation shall comply with all other provisions of law relating to annexation generally for cities of the second class and villages. The city or village shall not, in consequence of the annexation under this subsection of any noncontiguous land, exercise the authority granted to it by law to extend its extraterritorial zoning jurisdiction beyond its corporate boundaries for purposes of planning, zoning, or subdivision development without the agreement of any other city, village, or county currently exercising zoning jurisdiction over the area surrounding the annexed area. The annexation of any noncontiguous land undertaken pursuant to this subsection shall not result in any change in the service area of any electric utility without the express agreement of the electric utility serving the annexed noncontiguous area at the time of annexation, except that at such time following the annexation of the noncontiguous area as the city or village lawfully annexes sufficient intervening territory so as to directly connect the noncontiguous area to the main body of the city or village, such noncontiguous area shall, solely for the purposes of section 70-1008, be treated as if it had been annexed by the city or village on the date upon which the connecting intervening territory had been formally annexed. If, within five years following an annexation undertaken pursuant to this subsection, part or all of the city or village has not been relocated to the annexed area, the city or village shall initiate detachment of such annexed area pursuant to subsection (2) of section 18-3316. For purposes of this subsection, catastrophic flooding means a flooding event that (a) results in total property damage within the city or village which exceeds forty-five percent of the total assessed value of the improvements within the city or village and (b) is declared to be a major disaster by the President of the United States or the Governor.

Notes of Decisions

Cited in 6 cases, 1972–2015 · leading case: Cnty. of Sarpy v. City of Gretna, 727 N.W.2d 690 (Neb. 2007).

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Cnty. of Sarpy v. City of Gretna, 727 N.W.2d 690 (Neb. 2007). · cites it 6× “Based upon our de novo review of all issues in this equity action, we conclude that the annexation ordinances are invalid because the lands they seek to annex are not contiguous or adjacent to the corporate limits of Gretna, as required by Neb. Rev. Stat. § 17-405.01 (Reissue…”

Sanitary & Improvement Dist. 57 v. City of Elkhorn, 536 N.W.2d 56 (Neb. 1995). · cites it 3× “Neb. Rev. Stat. § 17-405.01 (Reissue *491 1991), which grants cities of the second class the power to extend city limits, states: The mayor and council of any city of the second class or the chairman and members of the board of trustees of any village may by ordinance, except as…”

Cnty. of Sarpy v. City of Gretna, 678 N.W.2d 740 (Neb. 2004). · cites it 2× “Sarpy County claimed that the annexations were illegal, null, and void because (1) none of the property sought to be annexed was urban or suburban as required under Neb. Rev. Stat. § 17-405.01 (Reissue 1997); (2) none of the property sought to be annexed was adjacent or…”

Cnty. of Sarpy v. City of Gretna, 755 N.W.2d 376 (Neb. 2008). · cites it 3× “We concluded that the annexations were invalid and void because they did not meet the contiguity or adjacency requirement of Neb.Rev.Stat. § 17-405.01 (Reissue 1997).”

Holden v. City of Tecumseh, 195 N.W.2d 225 (Neb. 1972). · cites it 4× “Section 17-405.01, R. S. Supp., 1967, provides that the mayor *119 and council of a city of the second class may by ordinance “at any time” annex contiguous or adjacent lands which are urban or suburban in character and not agricultural lands which are rural in character.”

SID No. 196 of Douglas Cty. v. City of Valley (Neb. 2015). · cites it 12× “Neb. Rev. Stat. § 17-405.01 (Reissue 2012) provides that cities of the second class may annex contiguous or adjacent lands which are urban or suburban in character and not agricultural lands which are rural in character.”

— Neb. Rev. Stat. § 17-405.01(1) — 1 case

Cnty. of Sarpy v. City of Gretna, 727 N.W.2d 690 (Neb. 2007). “Based upon our de novo review of all issues in this equity action, we conclude that the annexation ordinances are invalid because the lands they seek to annex are not contiguous or adjacent to the corporate limits of Gretna, as required by Neb. Rev. Stat. § 17-405.01 (Reissue…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.