Neb. Rev. Stat. » Chapter 17
Nebraska Revised Statutes

Neb. Rev. Stat. § 17-538 (2026)

Waterworks; use of water; rates or rental; collection

✓ current as of July 2026
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Cities of the second class and villages shall have the right and power to tax, assess, and collect from the inhabitants of such cities and villages such tax, rent, or rates for the use and benefit of water used or supplied to them by such waterworks, mains, portion, or extension of any system of waterworks or water supply as the city council or village board of trustees shall deem just or expedient. All such water rates, taxes, or rent shall be a lien upon the premises, or real estate, upon or for which such water is used or supplied; and such taxes, rents, or rates shall be paid and collected and such lien enforced in such manner as the city council or village board of trustees shall provide by ordinance.

Notes of Decisions
Cited in 5 cases, 2000–2020 · leading case: REO Enters. v. Vill. of Dorchester, 306 Neb. 683 (Neb. 2020).
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REO Enters. v. Vill. of Dorchester, 306 Neb. 683 (Neb. 2020). · cites it 3× “18 See Neb. Rev. Stat. § 17-538 (Cum. Supp. 2016).”
In re MBA Poultry, L.L.C., 251 B.R. 82 (Bankr. D. Neb. 2000). · cites it 6× “§§ 17-538 and 17-925.01, water rates and sewer charges are liens upon the .”
In re MBA Poultry, L.L.C., 261 B.R. 229 (D. Neb. 2001). · cites it 6× “Neb.Rev.Stat.Ann. § 17-538 (Mi-chie 1995), which grants cities of the second class the power to establish and collect water taxes, rents or rates, and which establishes a statutory lien that is to be enforced in the manner provided by city ordinance, 20 cannot be strictly…”
In Re Mba Poultry, LLC, 251 B.R. 82 (Bankr. D. Neb. 2000). · cites it 7× “§§ 17-538 and 17-925.01, water rates and sewer charges are liens upon the premises or real estate for which the water and sewer services were used or supplied.”
Dapec v. Sba (8th Cir. 2002). · cites it 2× “Neb. Rev. Stat. § 17-538 . Neither of these statutes specifically permits a municipality to treat unpaid utility bills like special assessments.”
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