2006 Nebraska Revised Statutes - § 79-413 — School districts; creation from other school districts; change of boundaries; conditions; petition method; procedure.

Section 79-413
School districts; creation from other school districts; change of boundaries; conditions; petition method; procedure.
Section 79-413

(1) The State Committee for the Reorganization of School Districts created under section 79-435 may create a new school district from other districts or change the boundaries of any Class II, III, or IV school district that is not a member of a learning community upon receipt of petitions signed by sixty percent of the legal voters of each district affected. If the petitions contain signatures of at least sixty-five percent of the legal voters of each district affected, the state committee shall approve the petitions.

(2) Petitions proposing to change the boundaries of existing school districts that are not members of a learning community through the transfer of a parcel of land, not to exceed six hundred forty acres, shall be approved by the state committee when the petitions involve the transfer of land between Class II, III, or IV school districts or when there would be an exchange of parcels of land between Class II, III, or IV school districts and the petitions have the approval of at least sixty-five percent of the school board of each affected district.

(3)(a) Petitions proposing to create a new school district or to change the boundary lines of existing Class II, III, or IV school districts that are not members of a learning community, any of which involves the transfer of more than six hundred forty acres, shall, when signed by at least sixty percent of the legal voters in each district affected, be submitted to the state committee. The state committee shall, within forty days after receipt of the petition, hold one or more public hearings and review and approve or disapprove such proposal.

(b) If there is a bond election to be held in conjunction with the petition, the state committee shall hold the petition until the bond election has been held, during which time names may be added to or withdrawn from the petitions. The results of the bond election shall be certified to the state committee.

(c) If the bond election held in conjunction with the petition is unsuccessful, no further action on the petition is required. If the bond election is successful, within fifteen days after receipt of the certification of the bond election results, the state committee shall approve the petition and notify the county clerk to effect the changes in district boundary lines as set forth in the petitions.

(4) Any person adversely affected by the changes made by the state committee pursuant to this section may appeal to the district court of any county in which the real estate or any part thereof involved in the dispute is located. If the real estate is located in more than one county, the court in which an appeal is first perfected shall obtain jurisdiction to the exclusion of any subsequent appeal.

(5) A signing petitioner may withdraw his or her name from a petition and a legal voter may add his or her name to a petition at any time prior to the end of the period when the petition is held by the state committee. Additions and withdrawals of signatures shall be by notarized affidavit filed with the state committee.

Source:

Laws 1881, c. 78, subdivision I, § 4, p. 332

Laws 1883, c. 72, § 1, p. 288

Laws 1885, c. 79, § 1, p. 319

Laws 1889, c. 78, § 1, p. 539

Laws 1895, c. 58, § 1, p. 221

Laws 1901, c. 59, § 1, p. 429

Laws 1909, c. 117, § 1, p. 451

R.S.1913, § 6703

C.S.1922, § 6241

Laws 1923, c. 63, § 1, p. 190

Laws 1925, c. 177, § 1, p. 461

C.S.1929, § 79-104

Laws 1931, c. 145, § 1, p. 396

C.S.Supp.,1941, § 79-104

Laws 1943, c. 197, § 1(2), p. 659

R.S.1943, § 79-105

Laws 1949, c. 256, § 41, p. 706

Laws 1951, c. 276, § 2, p. 928

Laws 1953, c. 295, § 1, p. 999

Laws 1955, c. 315, § 3, p. 973

Laws 1957, c. 342, § 1, p. 1181

Laws 1959, c. 385, § 1, p. 1334

Laws 1963, c. 471, § 1, p. 1511

Laws 1963, c. 473, § 1, p. 1519

Laws 1963, c. 474, § 1, p. 1522

Laws 1963, c. 475, § 1, p. 1525

Laws 1963, c. 472, § 1, p. 1514

Laws 1967, c. 529, § 1, p. 1757

Laws 1971, LB 468, § 1

Laws 1984, LB 1098, § 1

Laws 1990, LB 259, § 5

Laws 1991, LB 511, § 11

Laws 1992, LB 245, § 16

Laws 1992, LB 719, § 1

Laws 1996, LB 604, § 4

R.S.1943, (1994), § 79-402

Laws 1996, LB 900, § 162

Laws 1996, LB 1050, § 2

Laws 1997, LB 806, § 6

Laws 1999, LB 272, § 30

Laws 2001, LB 302, § 1

Laws 2005, LB 126, § 17

Laws 2006, LB 1024, § 24.

~ Revised Statutes Cumulative Supplement, 2006