Nebraska State Constitution Article I-25

Article I-25


Rights of property; no discrimination; aliens.

There shall be no discrimination between citizens of the United States in respect to the acquisition, ownership, possession, enjoyment or descent of property. The right of aliens in respect to the acquisition, enjoyment and descent of property may be regulated by law.


  • Neb. Const. art. I, sec. 25 (1875);
  • Amended 1920, Constitutional Convention, 1919-1920, No. 2.


1. Discrimination

2. Rights of aliens

3. Miscellaneous

1. Discrimination

Statute abrogating a right of action for a future tort does not violate this section. State Securities Co. v. Norfolk Livestock Sales Co., Inc., 187 Neb. 446, 191 N.W.2d 614 (1971).

Prohibiting wholesalers from giving discounts to retailers for quantity purchases of alcoholic liquor does not violate this section. Central Markets West, Inc. v. State, 186 Neb. 79, 180 N.W.2d 880 (1970).

Harm caused by statute permitting independent hospital district to fractionate territory of counties insufficient to constitute violation of this section. Shadbolt v. County of Cherry, 185 Neb. 208, 174 N.W.2d 733 (1970).

Prohibiting retailer from accepting credit for purchase of beer from wholesaler while permitting acceptance of credit on purchase of liquor is constitutional. Tom & Jerry, Inc. v. Nebraska Liquor Control Commission, 183 Neb. 410, 160 N.W.2d 232 (1968).

A citizen may not only acquire property but he may sell it at such price as he can obtain in fair barter. Burger v. City of Beatrice, 181 Neb. 213, 147 N.W.2d 784 (1967).

Penalty for failure to return personal property for taxation was discriminatory and void under this section. Bachus v. Swanson, 179 Neb. 1, 136 N.W.2d 189 (1965).

Statute requiring fencing of right-of-way by railroads did not discriminate between citizens with respect to ownership and enjoyment of property. Linenbrink v. Chicago & N.W. Ry. Co., 177 Neb. 838, 131 N.W.2d 417 (1964).

Every citizen has the right to acquire property and sell it at such price as he can obtain in fair barter. Elder v. Doerr, 175 Neb. 483, 122 N.W.2d 528 (1963).

Levy of tax for municipal university did not violate discrimination clause. Ratigan v. Davis, 175 Neb. 416, 122 N.W.2d 12 (1963).

City ordinance prescribing charge for conducting business of commercial aerial spraying did not violate this section. City of Ord v. Biemond, 175 Neb. 333, 122 N.W.2d 6 (1963).

Penalty provisions of tax statute were discriminatory and violated this section. Creigh v. Larsen, 171 Neb. 317, 106 N.W.2d 187 (1960).

Amendments to Blue-Sky Law did not violate this section. Davis v. Walker, 170 Neb. 891, 104 N.W.2d 479 (1960).

Public Auction Law was discriminatory and not based upon reasonable classification. Blauvelt v. Beck, 162 Neb. 576, 76 N.W.2d 738 (1956).

Curb-cut ordinance admitted by demurrer to be discriminatory and not a reasonable exercise of police power violated this section. Panebianco v. City of Omaha, 151 Neb. 463, 37 N.W.2d 731 (1949).

Imposition of liability for reimbursement on estate of recipient of old age assistance does not violate this section. Boone County Old Age Assistance Board v. Myhre, 149 Neb. 669, 32 N.W.2d 262 (1948).

A private employment agency is not a business in which the public has such an interest that price fixing may properly be included as a method of regulation. Boomer v. Olsen, 143 Neb. 579, 10 N.W.2d 507 (1943).

Housing Authority Act sustained as constitutional. Lennox v. Housing Authority of City of Omaha, 137 Neb. 582, 290 N.W. 451 (1940).

Limitation on lawful business creating a monopoly violates this section. Nelsen v. Tilley, 137 Neb. 327, 289 N.W. 388 (1939).

Regulation of size of containers in which alcoholic liquors are sold at retail is not violative of this section. Marsh & Marsh v. Carmichael, 136 Neb. 797, 287 N.W. 616 (1939).

The constitutional right to acquire and possess property includes the right to dispose of it in such innocent manner as the owner pleases. State ex rel. English v. Ruback, 135 Neb. 335, 281 N.W. 607 (1938).

Zoning ordinance was not discriminatory. City of Lincoln v. Foss, 119 Neb. 666, 230 N.W. 592 (1930).

Statute providing for tuberculin test making distinction between breeding cattle and feeding cattle and authorizing summary destruction of diseased animals, is constitutional. State ex rel. Spillman v. Splittgerber, 119 Neb. 436, 229 N.W. 332 (1930).

Former statute prohibiting trial of divorce suit within six months after service of summons is not violative of this section. Garrett v. State, 118 Neb. 373, 224 N.W. 860 (1929).

Occupation tax on "rolling store" was not discriminatory. Erwin v. City of Omaha, 118 Neb. 331, 224 N.W. 692 (1929).

"Cedar Rust" law is constitutional. Upton v. Felton, 4 F.Supp. 585 (D. Neb. 1932).

2. Rights of aliens

Provision precluding distinction between resident aliens and citizens was inapplicable to nonresident wife of resident alien. Engen v. Union State Bank of Harvard, 121 Neb. 257, 236 N.W. 741 (1931).

Legislature did not intend by Alien Act of 1889 to discriminate against the heirs of a resident alien in favor of the heirs of a nonresident. State ex rel. Toop v. Thomas, 103 Neb. 151, 172 N.W. 690 (1919).

Statutes limiting right of dower of nonresident widow to lands of which husband died seized, while extending right of dower to resident widow of other lands, does not violate Constitution. Miner v. Morgan, 83 Neb. 400, 119 N.W. 781 (1909).

The words "aliens" and "citizens" relate to political status of persons as respecting their relation to United States, while the word "residents" relates to status of persons with respect to State of Nebraska. Glynn v. Glynn, 62 Neb. 872, 87 N.W. 1052 (1901).

Statute denying aliens the right to take or hold title to real estate in Nebraska by descent or devise, with certain exceptions and qualifications, does not violate this section. Toop v. Ulysses Land Co., 278 F. 840 (D. Neb. 1913).

3. Miscellaneous

This provision of the Nebraska Constitution is no more demanding than the Equal Protection Clause of the U.S. Constitution. Mach v. County of Douglas, 259 Neb. 787, 612 N.W.2d 237 (2000).