Nebraska Revised Statutes
Neb. Rev. Stat. § 23-2404 (2026)
Transferred to section 13-905
✓ current as of July 2026
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23-2404.
Transferred to section 13-905.
Notes of Decisions
Cited in 10
cases, 1979–2020 · leading case: Chicago Lumber Co. v. Sch. Dist. No. 71, 417 N.W.2d 757 (Neb. 1988).
Chicago Lumber Co. v. Sch. Dist. No. 71, 417 N.W.2d 757 (Neb. 1988). “Section 23-2404 provides in part: All tort claims under this act shall be filed with the clerk, secretary, or other official whose duty it is to maintain the official records of the political subdivision .”
West Omaha Investments v. Sanitary & Improvement Dist. No. 48, 420 N.W.2d 291 (Neb. 1988). “Pursuant to §23-2404, R.R.S. (Reissue of 1983) [the Political Subdivisions Tort Claims Act], claim is made *788 against Sanitary Improvement District No.”
Saylor v. State, 306 Neb. 147 (Neb. 2020). “” 33 In Chicago Lumber Co. v. School Dist. No. 71, 34 we addressed whether a letter complied with the presuit claim presentment requirements of the PSTCA.”
Big Crow v. City of Rushville, 669 N.W.2d 63 (Neb. 2003). “We held that the “claim” required by this section was intended to give a political subdivision notice of possible liability for its recent act or omission and that the notice requirements of the Political Subdivisions Tort Claims Act should be liberally construed so as to not…”
Franklin v. City of Omaha, 432 N.W.2d 808 (Neb. 1988). “2d 757 (1988), we held that “substantial compliance with the statutory provisions pertaining to a claim’s content supplies the requisite and sufficient notice to a political subdivision in accordance with § 23-2404, when the lack of compliance has caused no prejudice to the…”
Peterson v. Gering Irrigation Dist., 363 N.W.2d 145 (Neb. 1985). “Section 23-2404 provides: All tort claims under this act shall be filed with the clerk, secretary, or other official whose duty it is to maintain the official records of the political subdivision, or the governing body of a political subdivision may provide that such claims may…”
Catania v. Univ. of Nebraska, 282 N.W.2d 27 (Neb. 1979). “” Claims “shall be filed with the clerk, secretary, or other official * * * of the political subdivision, * * § 23-2404, R. R. S. 1943. “No suit shall be permitted” until after final disposition of the claim by the governing body or the expiration of 6 months after filing.”
Malzahn v. Transit Auth., 507 N.W.2d 289 (Neb. 1993). “§ 23-2404 (Reissue 1983), the predecessor of § 13-905, which provides that all claims presented to a governing body must be in writing and must state the time and place of the occurrence giving rise to the claim.”
Schoemaker v. Metro. Utils. Dist., 515 N.W.2d 675 (Neb. 1994). “, we noted that the purpose of the written claim requirement of § 23-2404 (now § 13-905) is to notify a political subdivision concerning possible liability for its relatively recent act or omission, providing an opportunity for the political subdivision to investigate and obtain…”
Villanueva v. City of South Sioux City, 743 N.W.2d 771 (Neb. Ct. App. 2008). “Therefore, substantial compliance with the statutory provisions pertaining to a claim's content supplies the requisite and sufficient notice to a political subdivision in accordance with § 13-905, formerly Neb. Rev. Stat. § 23-2404 (Reissue 1983), when the lack of compliance has…”
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