§ 79-491 — Districts; presumption of organization

Nebraska § 79-491

• Jurisdiction: Nebraska
• Ch. 79: Schools

Text

Every school district shall in all cases be presumed to have been legally organized when it has exercised the franchises and privileges of a district for the term of one year.

Legislative History

Source: Laws 1881, c. 78, subdivision III, § 8, p. 344; R.S.1913, § 6759; C.S.1922, § 6300; C.S.1929, § 79-308; R.S.1943, § 79-308; Laws 1949, c. 256, § 65, p. 714; R.S.1943, (1994), § 79-426; Laws 1996, LB 900, § 240. Annotations: The one-year period provided in this section does not apply during time the validity of organization is in litigation. Reid v. Slepicka, 182 Neb. 485, 155 N.W.2d 799 (1968). After a school district has exercised the franchises and privileges of a district of a certain class for the period of one year, its legal organization will be conclusively presumed. Griggs v. School District No. 76 of Wayne County, 152 Neb. 282, 40 N.W.2d 859 (1950). Presumption of regular organization does not extend to territorial boundaries of a school district. Majerus v. School District No. 52 of Richardson County, 139 Neb. 823, 299 N.W. 178 (1941). After one year of operation, legal organization will be conclusively presumed, whatever may have been defects and irregularities in formation or organization of such district. State ex rel. School Dist. No. 67 of Kearney County v. School District No. 2 of Kearney County, 116 Neb. 202, 216 N.W. 663 (1927). After operation of district for one year, legal organization is presumed. Kockrow v. Whisenand, 88 Neb. 640, 130 N.W. 287 (1911). Presumption of regularity of organization of school district does not preclude contention that tract of land is not within district for tax purposes. Chicago, B. & Q. R.R. Co. v. Cass County, 51 Neb. 369, 70 N.W. 955 (1897). Operation for more than one year cures more than mere irregularities. State ex rel. School Dist. No. 1 of Sioux County v. School Dist. No. 19 of Sioux County, 42 Neb. 499, 60 N.W. 912 (1894). Irregularities in organization are no defense against mandamus to compel payment of bonds. State ex rel. Hopper v. School Dist. No. 13 of Webster County, 13 Neb. 466, 14 N.W. 382 (1882); State ex rel. Gregory v. School Dist. No. 24 of Adams County, 13 Neb. 78, 12 N.W. 927 (1882).