Mike Hilgers

Nebraska Attorney General

Attorney General Opinions

Opinions of the Attorney General are prepared in response to a specific legal question from a state agency or state official in instances where that agency or official has need of a legal opinion in the performance of their duties.  The Attorney General may provide an opinion to state legislators on a question relating to proposed or pending legislation, or when the opinion request “pertains directly to the performance of some function or duty by the Legislature itself.”  (Op. Att’y Gen. No. 157 (December 20, 1985) at 1.)  The Attorney General may also provide opinions to county attorneys when the question posed relates to “all criminal matters and in matters relating to the public revenue.”  Neb. Rev. Stat. § 84-205(3) (2014).  Attorney General Opinions issued after 1989 are available below.

The Attorney General is not authorized to give opinions to local governmental officials or private citizens.

Number Date Title PDF
20-003 2/26/2020 LB 992 - Constitutionality of Authorizing the Use of Electric Utility Easements to Furnish Commercial Broadband Service PDF icon 20-003
20-002 2/26/2020 Responsibility for Maintenance of the Part of a County Road Located on State Highway Right of Way PDF icon 20-002
20-005 7/9/2020 LB 45 - Constitutionality of the Notice and Payment Provisions of the Black-Tailed Prairie Dog Management Act PDF icon 20-005
20-006 7/13/2020 Constitutionality of LB 1207 - The Redistricting Act PDF icon 20-006
20-007 7/17/2020 Authority of the Governor to Distribute Payments from the Coronavirus Relief Fund Allocated to the State of Nebraska Under the Federal CARES Act PDF icon 20-007
20-008 8/11/2020 Constitutionality of LB 814 - A Bill for an Act Relating to Abortion PDF icon 20-008
20-009 8/12/2020 Whether Noncompliance with the Legislature's Procedural Rules Invalidates Legislation [LB 814] PDF icon 20-009
20-010 9/18/2020 Necessity of Legislation to Implement the Department of Health and Human Services' "YRTC & Youth Facilities Initial Transition Plan" PDF icon 20-010
21-001 2/5/2021 Whether Initiative Measure 430, which permits the operation of "games of chance" only by authorized gaming operators within licensed racetrack enclosures "[n]otwithstanding any other provision of law," removes the authorization to conduct other forms of gaming which have been previously permitted (LB 580). PDF icon 21-001
21-002 3/11/2021 Whether LB 429 violates the separation of powers clause in Neb. Const. art. II,§ 1, by prohibiting the Department of Health and Human Services from implementing any "substantial changes" to the facilities or programs under the jurisdiction of the Office of Juvenile Services "until the conclusion of the earliest regular session of the Legislature in which there has been a reasonable opportunity for legislative consideration of such proposed changes." PDF icon 21-002