§ 79-405 — District; body corporate; powers; name

Every duly organized school district shall be a body corporate and possess all the usual powers of a corporation for public purposes, may sue and be sued, and may purchase, hold, and sell such personal and real estate as the law allows. The county in which the principal office of the school district is located together with the school district number assigned pursuant to section 79-307 shall constitute the corporate name of the school district, such as ........ County School District ....... .

Legislative History

Source: Laws 1881, c. 78, subdivision I, § 2, p. 331; R.S.1913, § 6701; C.S.1922, § 6239; C.S.1929, § 79-102; R.S.1943, § 79-102; Laws 1949, c. 256, § 40, p. 706; Laws 1961, c. 396, § 2, p. 1204; Laws 1988, LB 1142, § 4; R.S.1943, (1994), § 79-401; Laws 1996, LB 900, § 154; Laws 2005, LB 126, § 12; Referendum 2006, No. 422. Cross References: For recovery of public money, see section 77-2363. Annotations: This section (formerly section 79-401) gives a school district the power to hold an easement in real estate. Robertson v. School Dist. No. 17 of Douglas County, 252 Neb. 103, 560 N.W.2d 469 (1997). Territorial boundaries of school district are subject to change according to current educational needs and good educational principles. Halstead v. Rozmiarek, 167 Neb. 652, 94 N.W.2d 37 (1959). Members of school board act in a representative capacity and not as individuals. Greer v. Chelewski, 162 Neb. 450, 76 N.W.2d 438 (1956). A school district is a creature of statute, has no powers beyond those given by Legislature, and may contract only respecting objects and to extent laws permit. American Surety Co. v. School District No. 64 of Douglas County, 117 Neb. 6, 219 N.W. 583 (1928). On appeal, district must give appeal bond. School Dist. No. 6 of Cass County v. Traver, 43 Neb. 524, 61 N.W. 720 (1895). To state cause of action against school district, supposed indebtedness must be shown to have been lawfully incurred. School Dist. No. 16 of Hamilton County v. School Dist. No. 9 of Hamilton County, 12 Neb. 241, 11 N.W. 311 (1882). Action on behalf of school district must be brought in name of district. Donnelly v. Duras, 11 Neb. 283, 9 N.W. 45 (1881).