§ 25-21,203.Actions against state; summons; venue.
Article 21: Special Proceedings and Actions · Last amended 1997 · Last verified July 22, 2026
Full Text of § 25-21,203
Source
Laws 1877, § 3, p. 20; R.S.1913, § 1179; C.S.1922, § 1102; C.S.1929, § 27-321; Laws 1937, c. 61, § 2, p. 240; Laws 1941, c. 49, § 2, p. 240; C.S.Supp.,1941, § 27-321; R.S.1943, § 24-321; Laws 1963, c. 130, § 1, p. 497; Laws 1983, LB 447, § 13; Laws 1988, LB 864, § 2; R.S.Supp.,1988, § 24-321; Laws 1997, LB 165, § 2.
Plain-English Summary
Section 25-21,203 covers two mechanical questions: how to serve the state, and where to file certain claims against it. Service of summons in any action brought under section 25-21,201 follows the same method used to serve a summons under section 25-510.02, so a claimant does not need a separate service procedure just because the defendant is the state.
Venue gets special treatment for the fourth category of claim listed in section 25-21,201 — disputes over bonds or other obligations of a drainage district, irrigation district, municipality, or other political or governmental subdivision. A claimant may bring that action in Lancaster County, home to the state’s administrative offices, or in any county where the affected district, municipality, or subdivision sits, in whole or in part. That gives a claimant a practical choice between the seat of state government and the location most connected to the underlying district.
Frequently Asked Questions
How is the State of Nebraska served with a summons under this framework?
The same way a summons is served under section 25-510.02.
Where can I file a claim involving bonds of an irrigation or drainage district?
In Lancaster County, or in any county where the district, municipality, or subdivision whose bonds are at issue is located, in whole or in part.
Does this venue rule apply to every category of claim against the state?
No. It specifically addresses claims brought under subdivision (4) of section 25-21,201 — the bond and obligation category.
Why would Lancaster County be a permitted venue for a bond dispute located elsewhere in the state?
Lancaster County is where the state’s own offices and counsel are based, so the section allows filing there as an alternative to the district’s home county.
Is there a separate venue rule for other kinds of claims against the state?
Yes. Section 25-21,206 sets the general venue rule — Lancaster County — for claims founded on a contract or law of the state.