Stenberg, 110416 NDAGO, AGO 16-12
|Docket Nº:||AGO 16-12|
|Case Date:||November 04, 2016|
(1) Since the judgment [against Gage County in favor of the Beatrice 6] was pursuant to Federal Law rather than the Political Subdivisions Tort Claims Act, does § 13-918 provide legal authority for [the State Treasurer] to make a loan to Gage County, Nebraska?
(2) [I]f so, is the loan limited to a maximum amount of Five Million Dollars since Neb. Rev. Stat. §§ 13-926 and 13-922 both limit total claims to Five Million Dollars arising out of a single occurrence? Given those limits, the Legislature's intent may have been to limit any loan to the maximum amount of recovery under the Political Subdivisions Tort Claims Act; and
(3) [I]f § 13-918 does not authorize the State Treasurer to make a loan to Gage County, and given that state statutes generally provide authority to the Nebraska Investment Council to manage the state's investments, is there any other statute that would authorize the State Treasurer to make a loan to Gage County related to the judgments in question?ANALYSIS Neb. Rev. Stat. § 13-918 provides:
Any awards or judgments pursuant to the Political Subdivisions Tort Claims Act and sections 16-727, 16-728, 23-175, 39-809, and 79-610 shall be paid in the same manner as other claims against the political subdivision. If insufficient funds are available to pay such awards or judgments the governing body shall include sufficient funds in the budget for the next fiscal year or biennial...
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