Chapter 31, DRAINAGE
392 sections in this chapter.
Neb. Rev. Stat. § 31-354 Public lands; grant of right-of-way.
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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.
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(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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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…
Neb. Rev. Stat. § 31-401 Drainage district organized by vote of landowners; when formed.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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(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.
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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…
Neb. Rev. Stat. § 31-410.01 Board of directors; plans; notice; hearing.
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The board of directors, having first, with the aid of such engineer, surveyor, and other assistants as it may have chosen, made detailed plans of the public works to be done in accordance with section 31-401, shall cause a notice to be inserted at least once in a newspaper of gen…
Neb. Rev. Stat. § 31-411 Directors; duties; plans; apportionment of benefits; area method of allocation, authorized.
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The board of directors having adopted the plans of public works and apportionment of benefits method of financing, shall apportion the benefits thereof accruing to the several tracts of land within the district which will be benefited thereby, on a system of units. The land least…
Neb. Rev. Stat. § 31-411.01 Apportionment of benefits; report; filing; notice; publication.
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The directors, having adopted the apportionment method of financing and having completed the apportionment of benefits, shall make a detailed report of the same and file such report with the county clerk. Thereupon the board of directors shall cause to be published, once each wee…
Neb. Rev. Stat. § 31-411.02 Board of directors; plans; adoption; budget; notice; publication; contents; levy; limitation; map; county treasurer; compute tax; additional funds; election.
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The board of directors having adopted the plans of public works and the tax levy method of financing shall prepare an itemized budget of funds necessary to carry out the authorities granted under sections 31-401 to 31-450 and transmit such budget to the county board of the county…
Neb. Rev. Stat. § 31-412 Apportionment; complaint; bond; conditions; transcript; filing; hearing.
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Any person claiming to be aggrieved by such plan of public works or method of financing, or both, may file complaint with the county clerk within twenty days after the publication of the plan of public works and method of financing provided for by section 31-410.01, together with…
Neb. Rev. Stat. § 31-414 Assessments and levies; basis; change of plans; enlargement or extension; new apportionment.
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The apportionment, when finally adjusted, shall continue as the basis of all levies of special assessments to pay all expenditures for organization, construction, improvement, enlargement, extension, damages, costs, maintenance, bonds and interest thereon, and all other expenses;…
Neb. Rev. Stat. § 31-414.01 Tax funds; held by county treasurer; use; financial operation; publish annually.
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Tax funds transferred to and held by the treasurer of the drainage district shall be used for the specific purposes as listed in section 31-401. All expenditure of such funds shall be made by the board of directors upon the order of the board. The secretary of the drainage distri…
Neb. Rev. Stat. § 31-415 Real estate or easement; acquisition; eminent domain; procedure; release by guardian or conservator of person under disability.
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The drainage district shall have power to purchase such real estate or easement therein as it may need, and if it cannot agree on the purchase price of any needed real estate or easement therein, it shall have power to condemn the same whether the property be within the limits of…
Neb. Rev. Stat. § 31-416 Claims; payment; warrants; registration; interest; use in payment of taxes.
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All claims against drainage districts created by landowners shall be paid by warrants or orders, duly drawn on the treasurer of such drainage district, signed by the president of such district and countersigned by its clerk or secretary. When such warrants or orders have been iss…
Neb. Rev. Stat. § 31-417 Bonds; interest; issuance; requirements.
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Whenever the drainage district shall need the sum of five thousand dollars or more, either for the purpose of paying outstanding warrants issued under section 31-416, or to refund bonds issued for the purpose of paying or providing funds for the payment of work done under the pro…
Neb. Rev. Stat. § 31-418 Bonds; notice of issuance; publication; contents.
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The board of directors shall give notice by publication once each week for three consecutive weeks of the proposed issue of bonds and the amount thereof.
Neb. Rev. Stat. § 31-420 Deficit; assessment; apportionment.
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If a deficit is caused by an appeal from the assessment of benefits and a charge thereon, or by reason of any assessment being uncollectible, or in any other manner whatsoever, then such deficit shall be a charge upon all the lands assessed according to the apportionment of benef…