Nebraska Revised Statute 23-223

Chapter 23 Section 223


Towns; corporate powers.

Every town shall have corporate capacity to exercise the powers granted thereto, or necessarily implied, and no others. It shall have the power (1) to sue and be sued; (2) to acquire, by purchase, gift, or devise, and to hold property, both real and personal, for the use of its inhabitants, and to sell and convey the same; and (3) to make all such contracts as may be necessary in the exercise of the powers of the town. In exercising the powers of the township, it may enter into compacts with another township or townships to purchase and jointly own road equipment.


  • Laws 1895, c. 28, § 21, p. 137;
  • R.S.1913, § 1007;
  • C.S.1922, § 909;
  • C.S.1929, § 26-223;
  • R.S.1943, § 23-223;
  • Laws 1955, c. 66, § 1, p. 217.


  • A township does not have the authority to exercise any powers outside those explicitly given to it by statute. Butler County Dairy v. Butler County, 285 Neb. 408, 827 N.W.2d 267 (2013).

  • Township is given power to direct the raising of money by taxation for the construction and repairing of roads within the township, and to make contracts necessary to the exercise of such power. State v. Bone Creek Township, 109 Neb. 202, 190 N.W. 586 (1922).

  • Township is not liable for personal injuries by reason of defective road. Wilson v. Ulysses Township, 72 Neb. 807, 101 N.W. 986 (1904).

  • In counties under township organization, duty to keep ordinary township highways and culverts in repair is imposed on township. Goes v. Gage County, 67 Neb. 616, 93 N.W. 923 (1903).