Neb. Rev. Stat. » Chapter 24
Nebraska Revised Statutes

Neb. Rev. Stat. § 24-204.01 (2026)

Original jurisdiction; issue of constitutionality of acts of Legislature; attorney fees; costs; payment

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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When an original action is instituted in the Supreme Court by or against the state, or any office, department, or officer thereof, involving the constitutionality of any act of the Legislature no matter when such act was passed, attorney fees and costs may be allowed if any of the following conditions set forth in subdivision (1), (2), or (3) of this section are found to exist:

(1)(a) The action challenges the constitutionality of an act which the Attorney General has previously ruled constitutional or unconstitutional or as to which he has made no ruling, or (b) the action supports the constitutionality of an act which the Attorney General has previously ruled unconstitutional;

(2) The action is pending or commenced while the Legislature is in session; or

(3) The action is brought by a real party in interest and raises a justiciable issue or issues.

No such payment shall be made until approval thereof shall have been given by the Legislature by resolution adopted by a majority vote of its members.

The Supreme Court, upon finding that the conditions set forth in this section exist, shall allow reasonable attorney fees and costs in such amounts and for such parties as the court shall determine. Such fees and costs shall be taxed to the Attorney General and paid out of such appropriation as the Legislature shall make for that purpose.

Notes of Decisions
Cited in 4 cases, 1991–2000 · leading case: Haman v. Marsh, 467 N.W.2d 836 (Neb. 1991).
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Haman v. Marsh, 467 N.W.2d 836 (Neb. 1991). · cites it 5× “01 (Reissue 1989) provides, as relevant here: When an original action is instituted in the Supreme Court by or against the state, or any office, department, or officer thereof, involving the constitutionality of any act of the Legislature no matter when such act was passed,…”
State ex rel. Stenberg v. Murphy, 527 N.W.2d 185 (Neb. 1995). · cites it 4× “” Flowever, the situation presented here is unusual, for respondent was appointed to the commission under the color of statutory law precisely because he lawfully held another office, that of a duly qualified and acting district court judge.”
Henry v. Rockey, 518 N.W.2d 658 (Neb. 1994). · cites it 3× “Neb. Rev. Stat. § 24-204.01 (Reissue 1989) provides in relevant part: When an original action is instituted in the Supreme Court by or against the state, or any office, department, or officer thereof, involving the constitutionality of any act of the Legislature no matter when…”
Muir v. Nebraska Dep't of Motor Vehs., 618 N.W.2d 444 (Neb. 2000). · cites it 2× “, Neb. Rev. Stat. § 24-204.01 (Reissue 1995) (providing for payment of attorney fees and costs by Attorney General’s office, following special appropriation by Legislature, in original actions challenging constitutionality of act of Legislature); Neb.”
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