Chapter 31 — DRAINAGE
492 sections in this chapter.
Neb. Rev. Stat. § 31-224 Watercourses, drains, or ditches; annual removal of rubbish by landowners or tenants; exceptions.
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It shall be the duty of landowners in this state, or tenants of such landowners when in possession, owning or occupying lands through which a watercourse, slough, drainage ditch or drainage course lies, runs or has its course, to clean such watercourse, slough, drainage ditch or …
Neb. Rev. Stat. § 31-225 Watercourses, drains, or ditches; annual clearing and deepening by landowner or tenant.
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It shall be the duty of any landowner or tenant who shall occupy or use land through which a watercourse, slough, drainage ditch or drainage course shall run or have its course, and who shall plow over or plant crops in the bed of such watercourse, slough, drainage ditch or drain…
Neb. Rev. Stat. § 31-226 Watercourses, drains, or ditches; failure to clear after notice; penalty.
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Any person or individual violating any provisions of sections 31-224 and 31-225, and who shall have been notified by an owner or tenant having the same watercourse, slough, drainage ditch or drainage course running through the land owned or occupied by such person or individual, …
Neb. Rev. Stat. § 31-227 Cities of the metropolitan class; county boards; concurrent jurisdiction over watercourses.
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The city council of any city of the metropolitan class shall have concurrent jurisdiction with the county board of any county having a population of two hundred thousand inhabitants or more, and the power to cause all natural watercourses, as defined in section 31-228, which are …
Neb. Rev. Stat. § 31-228 Concurrent jurisdiction; watercourse, defined.
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Any depression or draw two feet or more below the surrounding lands and having a continuous outlet to a stream of water, or river or brook shall be deemed a watercourse.
Neb. Rev. Stat. § 31-229 Cities of the metropolitan class; obstructions; petition for removal.
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Whenever any natural watercourse, as defined in section 31-228, within the corporate limits of a city of the metropolitan class, or within three miles thereof, is filled with trees, silt, or debris in such a manner as to obstruct the natural flow thereof and cause damage by flood…
Neb. Rev. Stat. § 31-230 Cities of the metropolitan class; drainage; cleaning out watercourse; special assessments.
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The city council of a city of the metropolitan class upon receipt of a request pursuant to section 31-229, may, if it finds that natural flow is being obstructed, cause the natural watercourse to be cleaned out. Except as provided in section 31-221, the cost thereof may be levied…
Neb. Rev. Stat. § 31-301 Drainage districts organized by proceedings in district court; formation; articles of association; contents.
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A majority in interest of the owners in any contiguous body of swamp or overflowed lands in this state, situated in one or more counties in this state, may form a drainage district for the purpose of having such land reclaimed and protected from the effects of water, by drainage …
Neb. Rev. Stat. § 31-301.01 Drainage districts; formation prohibited after June 30, 1972; exceptions.
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After June 30, 1972, no new drainage districts shall be organized under the provisions of sections 31-301 to 31-377. Attempted formations of drainage districts under sections 31-301 to 31-377 which have not been completed before July 1, 1972, shall be null, void and of no effect …
Neb. Rev. Stat. § 31-302 Formation; articles; where filed.
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After the articles of association shall be signed, the same shall be filed in the office of the clerk of the district court of the county in which such drainage district is located, or if such drainage district is composed of tracts, or parcels of land in two or more counties, th…
Neb. Rev. Stat. § 31-303 Formation; notice to landowners affected; summons; service by publication.
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Immediately after such articles of association shall have been filed, the clerk of the district court of the county in which the proposed district is located, and in case the drainage district be composed of territory situated in different counties, the clerk of the district cour…
Neb. Rev. Stat. § 31-304 Formation; objections; hearing; judgment.
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All owners of real estate situated in the proposed district who have not signed the articles of association and who may object to the organization of the drainage district, after having been duly summoned shall, on or before the second day of the term of court to which they have …
Neb. Rev. Stat. § 31-305 Formation; articles; filing and recording.
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Within twenty days after the district has been declared a corporation by the court, the clerk thereof shall transmit to the Secretary of State a certified copy of the record relating thereto, and the same shall be filed in his office in the same manner as articles of incorporatio…
Neb. Rev. Stat. § 31-306 First board of supervisors; election; number; basis of representation; succeeding boards, how chosen.
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Within thirty days after the district court shall have declared any drainage district organized, the clerk of the court shall, upon fifteen days' notice, call a meeting of the owners of the real estate situated in the district, at the day and hour specified, in some public place …
Neb. Rev. Stat. § 31-307 Supervisors; annual elections; notice.
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Every year after the election of the first board of supervisors, at such time and place in the county in which the district was organized as the board of supervisors may designate, and upon not less than fifteen days' notice, unless waived in writing, such owners shall meet and e…
Neb. Rev. Stat. § 31-308 Supervisors; oath; bond; auditing of accounts.
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Each supervisor, before entering upon his official duties as such, shall take and subscribe an oath before some officer authorized by law to administer oaths, that he will honestly, faithfully, and impartially demean himself in office as supervisor of the various districts in whi…
Neb. Rev. Stat. § 31-309 Officers and assistants; reports; compensation.
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The board of supervisors shall, immediately after its election, choose one of its number chairperson and another secretary. The board may adopt a seal, with a suitable device, and shall keep a record of all its proceedings open to the inspection of all owners of real estate in th…
Neb. Rev. Stat. § 31-310 Topographical surveys; maps; profiles; plans.
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The board of supervisors of any drainage district organized under the provisions of sections 31-301 to 31-305 shall cause a topographical survey to be made of the district by some competent engineer. The engineer shall make a complete topographical survey of the district and subm…
Neb. Rev. Stat. § 31-311 Estimates of cost.
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The engineer shall also make an estimate of the cost of the entire drainage works and improvements required in the district to protect and reclaim the lands and property, showing the several items of the same.
Neb. Rev. Stat. § 31-312 Inspections and examinations.
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The engineer shall go over and inspect and examine the lands in the district, the railroad rights-of-way, roadbeds, bridges, culverts, depot grounds, grades, and all other railroad, telephone and telegraph property in the district. He shall inspect and examine all other improveme…
Neb. Rev. Stat. § 31-313 Assessment of benefits.
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The engineer shall assess, as hereinafter directed and according to the rules hereinafter prescribed, the amount of benefits which will accrue to each tract or parcel of land and corporate property above named, by virtue of the works and improvements of the drainage district. Eac…
Neb. Rev. Stat. § 31-314 Estimate of benefits to property; how determined.
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The engineer, in estimating the benefits to lands, streets, highways, railroad property, rights-of-way, railroad beds, not traversed by the works and improvements, shall not consider what benefits will be derived by such lands after other ditches, improvements, or drainage plans …
Neb. Rev. Stat. § 31-315 Assessments; basis.
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No assessment shall be made for benefits to any lands upon any other principle than that of benefits derived, but all assessments shall be made upon the basis of benefits derived and secured by reason of the construction of such improvements and works in affording drainage, or gi…
Neb. Rev. Stat. § 31-316 Estimate of benefits to highways and railroad property; how determined.
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The benefits to public streets and highways, railroad property, right-of-way and roadbed, shall be assessed according to the increased efficiency and value added thereto by reason of, and the protection derived from, the aforesaid drainage works and improvements.
Neb. Rev. Stat. § 31-317 Classification of lands on basis of percentage of benefit.
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The engineer shall also classify all lots, tracts, lands, and other property according to the benefit that each may receive from such drainage improvement, and the lots, tracts, and lands receiving the greatest percentage of benefits shall be classified at one hundred, those rece…
Neb. Rev. Stat. § 31-318 Maps, plans, and profiles; requisites; report; filing.
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The maps hereinbefore provided for shall be drawn upon a scale sufficiently large to represent all the meanderings of the proposed improvements, and shall show the boundary lines of each lot, or tract of land, and of each street, road or railroad to be benefited thereby, the name…
Neb. Rev. Stat. § 31-319 Drain commissioner; appointment; duties; tenure of office; oath; bond.
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The board of supervisors of any district organized under sections 31-301 to 31-305 shall appoint some competent person to award all contracts contemplated in sections 31-301 to 31-369 to the lowest bidder, subject to the approval of the board of supervisors, except as herein othe…
Neb. Rev. Stat. § 31-320 Land outside of district; inclusion; conditions; procedure.
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If, upon the filing of the report of the engineer, together with the estimates as provided in section 31-311, it appears that lands, other than those incorporated by the court in the district, will be benefited by the drainage improvements of the district, the chairperson of the …
Neb. Rev. Stat. § 31-321 Board of supervisors; right-of-way; right of eminent domain; procedure.
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When the members of the board of supervisors, by order entered of record, have agreed upon a location or route for the ditch or ditches and formulated a plan for the other improvements contemplated, then the board in behalf of such district, shall have the right to acquire and if…
Neb. Rev. Stat. § 31-322 Right-of-way; obstruction in watercourses; condemnation; procedure.
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The board of supervisors, in behalf of such district, shall have the right to acquire, and if need be, condemn in the same manner as is provided in section 31-321, any natural or artificial obstruction in any existing watercourse, and remove the same therefrom for the benefit of …
Neb. Rev. Stat. § 31-323 Engineer's report; objections to classification and assessments; hearing; time.
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Within ten days after the filing of the report of the engineer with the chairman of the board of supervisors of the drainage district, the chairman of the board shall call a meeting at some public place in the county in which the district was organized, at which meeting the board…
Neb. Rev. Stat. § 31-324 Engineer's report; notice of hearing; form; publication.
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The board of supervisors shall give notice of the meeting provided for in section 31-323 by causing a publication thereof to be made once a week for two consecutive weeks in some newspaper published in each county in the district, the last publication to be at least ten days befo…
Neb. Rev. Stat. § 31-325 Engineer's report; notice of hearing; record; contents; filing.
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A copy of the above notice fixing the time and place of such hearing together with a resolution adopting the same shall be spread on the records of the board. The reports of the engineer shall be spread at large on the minutes of the proceedings of the board of supervisors of the…
Neb. Rev. Stat. § 31-326 Engineer's report; objections; procedure; pleadings; hearing; adjournment.
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The drainage district by its attorney or any owner of land or other property in the district whose land or property may be affected thereby may file objections to the surveyor's report or to any item of the classification or the assessment of benefits therein set out, within ten …
Neb. Rev. Stat. § 31-327 Engineer's report; objections; hearing; procedure; findings; powers of the board.
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At the time and place fixed in the notice, the board of supervisors shall meet for the hearing of the objections. If it finds that due notice has not been given as required by section 31-324, it shall continue the hearing to a date to be fixed by the board, and order the publicat…
Neb. Rev. Stat. § 31-328 Engineer's report; objections; hearing; costs; how taxed.
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The costs of the hearing in case of contest shall be taxed and assessed as follows: (1) If the matter shall be determined by the board against the party's contention objecting to the assessment, all costs upon the hearing of his objections shall be adjudged against such objector;…
Neb. Rev. Stat. § 31-329 Engineer's report; objections; decision; appeal; bond; procedure.
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Any person or corporation who has filed objections and had a hearing, feeling aggrieved by the decision and judgment of the board of supervisors, may appeal to the district court within and for the county in which the drainage district was originally established, upon giving a bo…
Neb. Rev. Stat. § 31-330 Assessments levied; interest on bonds; bonds; installments; reassessment of benefits; return of surplus.
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As soon as the board of supervisors has adjudicated, fixed, and established the classification and benefits as provided by sections 31-327 to 31-329, it may at once levy a tax on the lands and other property in the district to which benefits have been assessed, equal in amount to…
Neb. Rev. Stat. § 31-331 Assessments; certificate of levy to county clerk; form.
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The levy of the tax when so fixed and determined, shall be evidenced and certified by the board of supervisors to the county clerk of each county in which lands of the district are situated, which certificate shall be substantially in the following form: State of Nebraska,) ) ss.…
Neb. Rev. Stat. § 31-332 Additional assessments; notice of hearing; publication; erroneous assessments; correction.
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If for any reason the cost of the drainage works and improvements exceeds the amount of the tax levied against the lands and property as above set out, the board of supervisors may levy such other and further installments as may be necessary to complete the works and improvements…
Neb. Rev. Stat. § 31-333 Drainage tax; levy; certificate; form; extension on tax books; collection.
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The board of supervisors shall annually thereafter determine, order, and levy the amount of the installment of the tax hereinbefore named which shall become due and be collected during the year at the same time that county taxes are due and collected, and in case bonds are issued…
Neb. Rev. Stat. § 31-334 Drainage tax; levy insufficient; supplemental assessment; how levied and collected.
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Whenever it shall appear to the satisfaction of the board of supervisors that the levy theretofore made will be insufficient to pay the cost of the improvement or to pay the interest and principal of the bonds which the district desires to issue to pay the cost of such improvemen…
Neb. Rev. Stat. § 31-335 Streets, highways, and railroad property; assessment; tax; collection.
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When any ditch, drain, improved watercourse, dike, levee or other drainage improvement, located and established under sections 31-301 to 31-369, crosses, drains, or protects either in whole or in part any street, highway, public or corporate road of any railroad, or benefits any …
Neb. Rev. Stat. § 31-336 Bonds; authority to issue; terms.
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The board of supervisors may, if in its judgment it seems best, issue negotiable bonds (1) not to exceed the amount of the total tax levy certified to the county clerk or clerks as provided by law, (2) in denominations of not less than one hundred dollars, (3) bearing interest pa…
Neb. Rev. Stat. § 31-337 Bonds; maturity; recitals.
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The maturity of all bonds shall be fixed on July 1 of the year in which they mature and shall contain a recital that the same were issued in accordance with the provisions of sections 31-336 to 31-348, and that they are to be paid out of a sinking fund to be created as provided i…
Neb. Rev. Stat. § 31-338 Bonds; issuance; resolution required; payment; record; contents.
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Before issuing any bonds under the provisions of sections 31-336 to 31-348, the board of supervisors of the district shall by resolution duly engrossed in the minutes of a meeting to be specially held for that purpose, order and direct the issue thereof, specifying their number, …
Neb. Rev. Stat. § 31-339 Bonds; sale; from what funds payable.
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The bonds shall not be sold for less than par with accrued interest, shall show on their face the purpose for which they are issued, and shall be payable out of money derived from the drainage assessments or taxes.
Neb. Rev. Stat. § 31-340 Bonds and interest; annual tax levy to pay at maturity.
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It shall be the duty of the board of supervisors in making the annual tax levy as provided in section 31-333, to take into account the maturing bonds and interest on all bonds, and make ample provisions in advance for the payment thereof.
Repealed. Laws 2001, LB 420, § 38.
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[Repealed or reserved.]
Neb. Rev. Stat. § 31-342 Bonds; issuance; delivery of certified transcript.
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The secretary of the board of supervisors of the drainage district in which bonds are issued shall furnish a duly certified transcript to the holder of any such bond on demand.