§ 25-1802.Award of fees and expenses against state; terms, defined.
Article 18: Small-Amount Claims, Attorney’s Fees, and Costs Against the State · Last amended 2026 · Last verified July 22, 2026
In one sentenceThis section defines the four terms — fees and other expenses, political subdivision, state, and state agency — that give meaning to the fee-shifting rules in sections 25-1802 through 25-1807 governing when a party can recover fees from Nebraska’s government.
Full Text of § 25-1802
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For purposes of sections 25-1802 to 25-1807, unless the context otherwise requires:
(1) Fees and other expenses means reasonable attorney's fees and the reasonable expense of expert witnesses plus court costs, but shall not include any portion of an attorney's fee or salary paid by a unit of state or federal government in the case;
(2) Political subdivision means any village, city, county, school district, public power district, community college, natural resources district, or other unit of local government;
(3) State means the State of Nebraska, a state agency, or any official of the state acting in his or her official capacity; and
(4) State agency means any state constitutional office, any state administrative department, or any state board or commission established by an act of the Legislature.
Sections 25-1802 through 25-1807 let certain parties recover attorney’s fees and other litigation expenses when they prevail against the State of Nebraska in specified proceedings. Before those sections make sense, a reader needs to know what four recurring terms mean, and section 25-1802 supplies the definitions.
“Fees and other expenses” means reasonable attorney’s fees, the reasonable expense of expert witnesses, and court costs — but it excludes any portion of an attorney’s fee or salary that a unit of state or federal government already paid in the case, so a party cannot recover fees that public money already covered. “Political subdivision” sweeps broadly: villages, cities, counties, school districts, public power districts, community colleges, natural resources districts, and other units of local government all qualify. “State” means the State of Nebraska itself, a state agency, or a state official acting in an official capacity. And “state agency” covers any state constitutional office, any state administrative department, and any board or commission the Legislature has established.
The Legislature last updated this section in 2026, with the change taking effect July 18, 2026, so readers relying on an older summary of these terms should confirm they are working from the current definitions.
Frequently Asked Questions
What does “fees and other expenses” include under this section?
Reasonable attorney’s fees, the reasonable expense of expert witnesses, and court costs.
Does it include an attorney’s fee the government already paid?
No. The definition specifically excludes any portion of an attorney’s fee or salary that a unit of state or federal government already paid in the case.
What counts as a “political subdivision” for these sections?
Villages, cities, counties, school districts, public power districts, community colleges, natural resources districts, and other units of local government.
What counts as a “state agency”?
Any state constitutional office, any state administrative department, or any board or commission the Legislature has established.
Why do these definitions matter to a party seeking fees?
Sections 25-1803 through 25-1807 use these exact terms to describe who can be sued, who can recover fees, and what expenses qualify, so the definitions control how those later sections apply.
When was this definitions section last changed?
The Legislature amended it in 2026, and the current version took effect July 18, 2026.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
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