The several district courts of the judicial districts of the state shall have jurisdiction to hear and determine (1) all claims or petitions for relief that may be presented to the Legislature and which may be by any law or by any rule or resolution of the Legislature referred to such courts for adjudication, (2) all setoffs, counterclaims, and claims for damages, liquidated or unliquidated, on the part of the state against any person making a claim against the state or against the person in whose favor such claim arose, (3) all cases in which the State of Nebraska has a lien or any other interest, apparent or real, upon or in any real estate in the state and in which any party may desire to have the lien or interest of the state fixed and determined or foreclosed and cut off, and permission is hereby given to any party to join the state as a party in any such actions or proceedings in such courts involving real estate in or upon which the state has, appears to have, or claims any interest or lien, and (4) all cases in which the State of Nebraska or the Board of Educational Lands and Funds of the State of Nebraska is the owner of or has or claims any interest in any bonds or other obligations of any drainage district, irrigation district, municipal corporation, other political or governmental subdivision of the State of Nebraska and in which any party may desire to have the ownership of or interest in such bonds or other obligations determined, the validity thereof adjudicated, or any rights and liabilities arising therefrom fixed and determined, and permission is hereby given to any party to join the State of Nebraska as a party in any such actions or proceedings in such courts involving the ownership or interest of the state or the Board of Educational Lands and Funds in such bonds or other obligations.
§ 25-21,201.Actions against state; jurisdiction; enumeration of claims.
Article 21: Special Proceedings and Actions · Last amended 1988 · Last verified July 22, 2026
In one sentenceThis section gives Nebraska’s district courts jurisdiction over four categories of claims involving the state: claims the Legislature refers for adjudication, the state’s own setoffs and counterclaims, disputes over the state’s lien or interest in real estate, and disputes over bonds or obligations the state has an interest in.
Full Text of § 25-21,201
Source
Laws 1877, § 1, p. 19; R.S.1913, § 1177; C.S.1922, § 1100; C.S.1929, § 27-319; Laws 1937, c. 61, § 1, p. 239; Laws 1941, c. 49, § 1, p. 239; C.S.Supp.,1941, § 27-319; R.S.1943, § 24-319; Laws 1967, c. 137, § 1, p. 423; Laws 1988, LB 864, § 1; R.S.Supp.,1988, § 24-319.
Cross References
Actions involving the state, attorney's fees and other expenses, see sections 25-1802 to 25-1807. For limitation of actions, see section 25-218. State Claims Board, see section 81-8,220. State Contract Claims Act, see section 81-8,302. State Miscellaneous Claims Act, see section 81-8,294. State Tort Claims Act, see section 81-8,235.
Plain-English Summary
Section 25-21,201 opens Nebraska’s framework for suing the state by telling the district courts what they may hear. The first category covers claims or petitions that come to the Legislature and that the Legislature, by law, rule, or resolution, refers to a district court for adjudication — cases the political branch prefers to hand to a court instead of resolving on its own. The second covers the flip side: setoffs, counterclaims, and damage claims the state itself might have against a person suing it, or against whoever the claim first belonged to.
The third and fourth categories deal with property and securities. Where the state has, or appears to have, a lien or other interest in real estate, any party can join the state to the case so the court can fix, determine, foreclose, or cut off that interest. Where the state, or the Board of Educational Lands and Funds, owns or claims an interest in bonds or other obligations of a drainage district, irrigation district, municipality, or other political or governmental subdivision, a party can likewise join the state to have the ownership, validity, or resulting rights and liabilities settled in one proceeding.
Read together, these four categories mark the outer edge of what a district court may decide when the state sits on one side of the dispute — everything else covered later in this framework, from pleading the complaint to collecting a judgment, builds on this jurisdictional grant.
Frequently Asked Questions
What kinds of claims against Nebraska can a district court hear under this section?
Four kinds: claims the Legislature refers to a court, the state’s own setoffs and counterclaims against someone suing it, disputes over a lien or interest the state holds in real estate, and disputes over bonds or obligations the state or the Board of Educational Lands and Funds owns or claims.
Can I name the State of Nebraska as a party in a lawsuit over land the state has a lien on?
Yes. The section permits any party to join the state in an action involving real estate in which the state has, appears to have, or claims a lien or other interest.
What is the Board of Educational Lands and Funds doing in this section?
It covers disputes over bonds or other obligations of a drainage district, irrigation district, municipality, or similar subdivision in which the Board, or the state itself, owns or claims an interest.
Does this section let the state bring its own claims against someone who sues it?
Yes. It gives the district courts jurisdiction over the state’s setoffs, counterclaims, and damage claims against a person suing the state or against whoever the claim originally belonged to.
Which courts have this jurisdiction?
The several district courts of the state’s judicial districts.
Does this section by itself explain how to file a claim against the state?
No. It establishes jurisdiction over the four listed categories; the complaint requirements, venue, and procedure appear in the sections that follow it.
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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