Chapter 31 — DRAINAGE
492 sections in this chapter.
Neb. Rev. Stat. § 31-343 Bonds; payment of levy by landowner; effect; record.
1.1K chars
Before such bonds are issued any person or corporation whose land or property has been assessed for benefits by the district may pay the total amount of the cost and expenses apportioned to and levied as a tax against such land and property or any lot, tract, or subdivision there…
Neb. Rev. Stat. § 31-344 Bonds; issuance; resolution; contents; declarations.
0.5K chars
Before issuing any bonds the board shall pass a formal resolution in which shall be found and declared (1) the total amount of the tax as confirmed (both by the original and the supplemented assessment, if any), (2) the total amount of the deductions, if any, thereon, (3) the est…
Neb. Rev. Stat. § 31-345 Bonds; issuance; resolution; contents; pledge of funds.
0.9K chars
The board shall then, in such resolution, divide the total levy theretofore made into convenient installments, and opposite each shall set the year in which they shall become payable respectively. The board shall then authorize the bonds which the district proposes to issue, fixi…
Neb. Rev. Stat. § 31-346 Board of supervisors; power to borrow money; purpose; limitation.
0.6K chars
Before funds can be secured by the levy of a tax or the sale of bonds, the board of supervisors of such drainage district shall have power to borrow money and pledge the credit of the district for the payment of the same, with interest, in any sum not to exceed five thousand doll…
Neb. Rev. Stat. § 31-347 Bonds; sale; how made.
1.1K chars
The board may sell the bonds from time to time in such quantities as may be necessary and most advantageous, to raise the money for the construction of the ditches and works, the acquisition of rights-of-way and property, and otherwise to fully carry out the objects and purposes …
Neb. Rev. Stat. § 31-348 Bonds; sale; record.
0.1K chars
The secretary shall keep a record of the bonds sold, their number, the date of sale, the price received, and the name of the purchaser.
Neb. Rev. Stat. § 31-349 Bonds; sale; proceeds; use.
0.2K chars
The proceeds of the sale of bonds, or any of them, shall be used to pay for the works and improvements in the drainage of the district, and such costs, expenses, fees and salaries as may be authorized by law.
Neb. Rev. Stat. § 31-350 Bonds; sale; proceeds; deposits and withdrawals.
0.8K chars
The money derived from the sale of any bonds shall be deposited by the board of supervisors with some bank or trust company in any county in the district under such conditions as the board may prescribe, and may be withdrawn from such depository when ordered by the board on check…
Neb. Rev. Stat. § 31-351 Assessments; lien; interest on delinquent assessments; collection; sinking fund to retire bonds.
0.9K chars
All the assessments on real property and easements shall be a lien against the property assessed from and after the first Monday in April in the year in which it is assessed and shall draw interest at the rate of nine percent per annum from May 1 of the year following said assess…
Neb. Rev. Stat. § 31-352 Watercourses; cleaning and changing.
0.6K chars
In order to effect the drainage of the district, the board is authorized to clean out and remove all obstructions from the bed of any stream, creek, bayou, lagoon or other watercourse in the district; to straighten or shorten and deepen or widen the course of any stream or to aba…
Neb. Rev. Stat. § 31-353 Crossing of highways or railroads; mutual agreement; condemnation.
0.9K chars
The board shall have the power to construct the works across any street, avenue, highway, railway, canal, ditch or flume which the route of the ditches may intersect or cross, in such manner as to afford security for life and property, but the board shall restore the same, when s…
Neb. Rev. Stat. § 31-354 Public lands; grant of right-of-way.
0.2K chars
The right-of-way is hereby given, dedicated and set apart, to locate, construct and maintain such works over and through any of the lands which are now or may be the property of the state.
Neb. Rev. Stat. § 31-355 Bids for construction; award of contract; conditions; supervision of work.
2.1K chars
(1) After the board of supervisors has certified the total levy of the costs and expenses of the drainage improvements to the county clerk as directed by law, it may proceed to let a contract for the construction of such improvements. The board shall give notice of its intention …
Neb. Rev. Stat. § 31-356 Sections, how construed; limitation on granted powers.
0.7K chars
None of the provisions of sections 31-301 to 31-369 shall be construed as repealing or in anywise modifying the provisions of any other law relating to the subject of draining, reclaiming or protecting swamp, overflowed or submerged lands. Nothing herein contained shall be deemed…
Neb. Rev. Stat. § 31-357 Joint outlet of two districts; cost of improvements; how allocated.
0.6K chars
When two or more districts shall have their outlet or discharge into the same natural watercourse or stream, each district shall be assessed for the cost of such work in the same ratio to such total cost as the discharge of waters of such district bears to the combined discharge …
Neb. Rev. Stat. § 31-358 Ditches, drains, or watercourses; use by landowners.
0.3K chars
The owner of any land, lot or premises that have been assessed for the payment of the cost of the location and construction of any ditch, drain or watercourse, as hereinbefore provided, shall have the right to use the ditch, drain or watercourse as an outlet for lateral drains fr…
Neb. Rev. Stat. § 31-359 Subdistricts; creation by mutual agreement, district court action; procedure.
1.5K chars
If any person who owns land within the drainage district which has been assessed for benefits, and which is separated from the ditch, drain or watercourse for which it has been assessed, by the land of another or others, shall desire to ditch or drain his land across the land of …
Neb. Rev. Stat. § 31-360 Treasurer; duties; collection of assessments; disbursement.
1.0K chars
The treasurer of the county in which the drainage district, or the largest portion thereof, is situated, shall be ex officio treasurer of the district for the purposes of collecting and disbursing taxes or assessments. The treasurers of the counties in which the smaller parts of …
Neb. Rev. Stat. § 31-361 Drainage district warrants; form.
0.5K chars
All warrants issued by the board of supervisors of any drainage district shall be in the following form: $ ............ No. .......... Treasurer of the County of ............ Pay to ............. dollars out of any money in the treasury belonging to .......... Drainage District i…
Neb. Rev. Stat. § 31-362 Warrants; laws governing county warrants applicable.
0.2K chars
The law of this state under which county warrants are issued, sold, transferred, assigned, presented for payment and paid, shall apply to all warrants issued by virtue of the provisions of sections 31-301 to 31-369.
Neb. Rev. Stat. § 31-363 Officers and employees; salaries.
0.4K chars
The board of supervisors, except where otherwise provided, shall, by resolution, at the time of hiring or appointing, provide for the compensation for work done and necessary expenses incurred by any officer, engineer, attorney, or other employee, and shall also pay the fees of a…
Neb. Rev. Stat. § 31-364 Installations; repairs; assessment; tax levy; procedure.
2.9K chars
If at any time after the final construction of such improvement the same shall become out of repair, obstructed, inefficient, or defective from any cause, except such as are the result of the use of said improvements as a joint outlet for other systems of drainage improvements, t…
Neb. Rev. Stat. § 31-365 Care of ditches; overseers; appointment; duties.
0.9K chars
For the purpose of preserving any ditch, drain, dike, or other works constructed or erected under the provisions of sections 31-301 to 31-369, the board of supervisors shall have the power to appoint not more than three overseers of the respective districts, who shall hold their …
Neb. Rev. Stat. § 31-366 Injuring or obstructing ditch, drain, or watercourse; penalty.
0.5K chars
If any person shall willfully obstruct or injure any ditch, drain, or watercourse, or damage or destroy any dike or other work constructed under the provisions of sections 31-301 to 31-369, he shall be liable to the drainage district for the full amount of the injury occasioned b…
Neb. Rev. Stat. § 31-367 Sections, how construed; judgments and decisions, effect; irregularities, rights of parties aggrieved.
0.9K chars
Sections 31-301 to 31-369 shall be liberally construed to promote the drainage and reclamation of wet, overflowed or submerged lands. The establishment of said corporation, and the collection of assessments, shall not be defeated by reason of any defect in the proceedings occurri…
Neb. Rev. Stat. § 31-368 Assessments; irregularities; effect; injunction, when allowed.
0.7K chars
The collection of assessments to be levied to pay for the location, construction, maintenance or repair of any ditch, levee, dike or watercourse, shall not be enjoined or declared void, nor shall such assessment be set aside in consequence of any error, omission, or irregularity …
Neb. Rev. Stat. § 31-369 Drainage district; name; corporate powers; liabilities.
0.7K chars
Every district organized under the provisions of sections 31-301 to 31-369 shall be a body politic and corporate and shall be known by the corporate name of Drainage District Number ........................... of ................... County, and shall have power and authority to t…
Neb. Rev. Stat. § 31-370 Drainage improvements; election required, when; notice; publication; change in plans.
1.8K chars
In all districts organized under sections 31-301 to 31-369, the board of directors, having first adopted detailed plans and specifications of the work proposed to be done, having made an estimate of the total cost of such contemplated improvement, and having filed such plans, spe…
Neb. Rev. Stat. § 31-371 Refunding bonds; issuance; power of board; limitation; interest; term.
0.9K chars
The board of supervisors of any drainage district in the State of Nebraska organized under and by virtue of the provisions of sections 31-301 to 31-369, and any amendments thereto, which has issued, or may hereafter issue valid interest-bearing bonds under the provisions of said …
Neb. Rev. Stat. § 31-372 Refunding bonds; issuance; resolution; notice; publication; procedure where no objections filed.
1.6K chars
Whenever it is desired to issue refunding bonds under sections 31-371 to 31-374, the board of supervisors shall, by resolution entered in the minutes of its proceedings, direct public notice to be given, stating the amount of the indebtedness sought to be taken up and paid, the d…
Neb. Rev. Stat. § 31-373 Refunding bonds; objections; hearing; determination; appeal; procedure.
0.3K chars
If, on the day appointed in such notice, any written objections be filed, the objection or objections shall be heard and decided by the board of supervisors of such drainage district. From its decision an appeal may be taken to the district court in the manner of appeals from the…
Neb. Rev. Stat. § 31-374 Refunding bonds; recitals; delivery; effect of issuance; payment.
1.5K chars
The bonds so issued shall have recited therein the object of the issue, the title of the article under which the issue was made, stating the issue to be made in pursuance thereof, and shall also state the number, date, and amount of the bonds for which such issue is substituted a…
Neb. Rev. Stat. § 31-375 Drainage district; dissolution; procedure; election; notice; effect; funds; distribution.
2.3K chars
There being no outstanding indebtedness, the board of supervisors of any drainage district organized under sections 31-301 to 31-305 may, on its own motion or on the filing of a written request signed by fifteen electors of the district, order an election to be held to vote on th…
Neb. Rev. Stat. § 31-376 Drainage district; located in more than one county; inactive for five years; county board; dissolve; procedure.
0.7K chars
When any drainage district organized under the provisions of sections 31-301 to 31-305 is comprised of territory located in more than one county and is inactive for a period of at least five years, as determined by resolution of the county board of the county in which such distri…
Neb. Rev. Stat. § 31-377 Drainage district; comprised of territory in one county; inactive for five years; county board; dissolve; funds; transfer to county general fund.
0.6K chars
When any drainage district organized under the provisions of sections 31-301 to 31-305 or 31-401 to 31-408 is comprised of territory solely within one county and is inactive for a period of at least five years, as determined by resolution of the county board, the county board may…
Repealed. Laws 1999, LB 4, § 1.
0.0K chars
[Repealed or reserved.]
Neb. Rev. Stat. § 31-401 Drainage district organized by vote of landowners; when formed.
0.8K chars
Whenever it will be conducive to the public health, convenience or welfare, to drain any wet land, to drain any land subject to overflow by water, or any land which will be improved by drainage, to build or construct any dike or levee to prevent overflow by water, to construct, s…
Neb. Rev. Stat. § 31-401.01 Drainage district formation; prohibited after June 30, 1972.
0.7K chars
After June 30, 1972, no new drainage districts shall be organized under the provisions of sections 31-401 to 31-450. Attempted formations of drainage districts under sections 31-401 to 31-450 which have not been completed before July 1, 1972, shall be null, void and of no effect …
Neb. Rev. Stat. § 31-402 Formation; petition; contents.
0.6K chars
When the district proposed contains real estate owned by less than twenty persons or corporations, one-fourth of said number shall be sufficient to petition for the formation of such district. When there are more than twenty such owners, ten or more owners of real estate therein …
Neb. Rev. Stat. § 31-403 Formation; bond for expenses.
0.3K chars
At the time of filing the petition the petitioners shall also file a bond, with surety or sureties to be approved by the county clerk, which bond shall run to the county and be conditioned to pay all expenses of the county by reason of such proceedings in case the district be not…
Neb. Rev. Stat. § 31-404 Formation; boundaries of district; hearings; directors; number; bond.
0.8K chars
Thereupon the county board of such county shall take to its assistance the county surveyor of the county and shall determine whether or not the boundaries of the proposed district are reasonable and proper, and if the board finds that the boundary line of the district should be c…
Neb. Rev. Stat. § 31-405 Formation; notice of election; publication; contents; posting.
1.4K chars
Thereupon the county clerk shall publish one notice once each week for three weeks in a newspaper published in the proposed district, and if the district embraces land in more than one county, then said notice shall be published in a legal newspaper published in the proposed dist…
Neb. Rev. Stat. § 31-406 Formation; election; form of ballot.
1.2K chars
Such election shall be by ballot which shall be signed by the voter, and shall have thereon a list of the land and lots which the voter claims the right to vote. The ballot shall be in the following form, and ballots at annual elections shall be in similar form. List of Property …
Neb. Rev. Stat. § 31-407 Formation; election; eligibility to vote; manner of voting; canvassing board.
1.6K chars
At all the elections the county clerk, or the county clerk of the county in which the greater portion of the land in such district is situated, and such assistants as he shall choose, shall constitute the election board and the canvassing board. Any person may cast one vote on ea…
Neb. Rev. Stat. § 31-408 Formation; election; affirmative vote; effect; preservation of records; transcript; filing.
0.9K chars
If a majority of the votes cast at the election shall be in favor of the formation of the district it shall be conclusive that the formation of the district, and the work that may be done under the supervision of the board of directors, will be for the public health, convenience …
Neb. Rev. Stat. § 31-409 Directors; qualification; officers; annual election; vacancies; term.
1.3K chars
A majority of the directors shall be residents of the county or counties in which the district is located. Except as provided in section 31-409.03, any person or the officer or representative of any corporation owning or controlling any land assessed for benefits may be a directo…
Neb. Rev. Stat. § 31-409.01 Election by mail; procedure.
0.6K chars
The directors may choose to hold the annual election required by section 31-409 by sealed mail ballot in accordance with this section. If the option authorized by this section is not exercised by February fifteenth of a given year, the procedure provided by section 31-409 shall b…
Neb. Rev. Stat. § 31-409.02 Annual election; notice; contents.
0.6K chars
Notice of an annual election held pursuant to section 31-409, 31-409.01, or 31-409.03 shall be published once each week for two consecutive weeks in a newspaper of general circulation in the district, or the precinct if the district has been divided into voting precincts as provi…
Neb. Rev. Stat. § 31-409.03 Voting precincts; authorized; directors; how elected.
1.4K chars
(1) The board of directors may divide the district into two or more voting precincts for the purpose of electing directors of the district. The precincts shall be established to include, as nearly as possible, equal acreage if the district levies taxes based on valuation or equal…
Neb. Rev. Stat. § 31-410 Directors; bond; conditions; recording.
0.6K chars
Each member of the board of directors shall give bond in such amount as shall have been fixed by the county board of the county, conditioned to faithfully perform the duties of a director, and of such further office as he may be elected to, and to account for all funds or propert…