Chapter 31, DRAINAGE
392 sections in this chapter.
Neb. Rev. Stat. § 31-421 Bond issue; duties of treasurer; filing and recording.
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The treasurer shall at the time of signing the bonds, and before the issue thereof, make a statement in writing and under oath of the same, giving the date, amount, maturity, rate of interest, and place of payment. Such statement shall be filed and recorded in the office of the c…
Neb. Rev. Stat. § 31-422 Borrowing money; interest; purposes; term of loan; provisions for payment; record.
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The president, secretary and treasurer, when duly authorized by the board of directors, may borrow money, for not to exceed five years, on the note of the district signed by them, negotiable at not less than par and drawing interest, to pay the costs and expenses of organizing th…
Neb. Rev. Stat. § 31-423 Preliminary expenses; payment.
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The board of directors shall, out of the first money on hand, pay all the expenses of organization, of the county surveyor and county clerk, and other expenses.
Neb. Rev. Stat. § 31-424 Bond principal and interest; apportionment of assessments; lien; interest; collection.
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The board of directors shall each year determine the amount of money necessary to be raised to pay bonds and interest thereon under the apportionment method of financing, and shall apportion the same in dollars and cents against the tracts of land remaining charged therewith. The…
Neb. Rev. Stat. § 31-424.01 Budget; levy; collection; lien.
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The board of directors shall each year determine the amount of money necessary to be raised to pay bonds and interest thereon and the amount of money necessary to be raised by taxation during the coming year for other purposes, and shall include such amount in the budget submitte…
Neb. Rev. Stat. § 31-425 Rules and regulations; powers of board; amendments; record.
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The board of directors shall adopt and have recorded with the county clerk such rules and regulations as may be reasonable and proper for the work in hand, and such rules shall provide what officers the district shall have. The rules may be changed from time to time but all amend…
Neb. Rev. Stat. § 31-426 Employees; contracts for construction and repair; estimates; letting; purchase of machinery; personal interest in contracts prohibited; effect.
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The board of directors shall employ such engineer, surveyor, and other help, as it may deem necessary and proper, and shall proceed according to its best judgment to carry out such work of the character provided for by sections 31-401 to 31-450 as it deems advisable for the publi…
Neb. Rev. Stat. § 31-427 Directors; compensation.
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The board of directors shall receive two dollars per day compensation for time actually employed in the business of the district, not exceeding one hundred dollars each per year, but reasonable allowance shall be made for necessary clerical work and assistance.
Neb. Rev. Stat. § 31-429 Draining lands into district ditches; requirements.
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Lands within the drainage district which have been assessed for benefits may, under general rules and regulations to be made by the board of directors applicable to all similarly situated, be drained by the owners thereof by tiling or otherwise into the main or lateral drains. Ow…
Neb. Rev. Stat. § 31-430 Power to cross highways and railroads.
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The district may dig ditches and drains under and across railroads and public highways.
Neb. Rev. Stat. § 31-431 Records; filing; fees of county clerk.
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The originals of all contracts of every kind in writing, made by or with the board of directors or officers, with reference to the construction or use of such public work, or the rights or obligations of the drainage district therein, shall be filed and recorded with the county c…
Neb. Rev. Stat. § 31-432 Director conveying or losing interest in land; vacancy created.
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If any director shall sell and convey his assessed realty and not be an officer of a company interested, he shall no longer serve as director or officer.
Neb. Rev. Stat. § 31-433 Appeal; time; effect.
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Any appeal to the Court of Appeals on any matter under sections 31-401 to 31-450 shall be taken within thirty days after the entry of the judgment, decree, or final order or within thirty days after the entry of the order overruling a motion for a new trial in such cause. Any suc…
Neb. Rev. Stat. § 31-434 Elections; voting by proxies; when permitted.
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At all elections any person living outside the different counties owning or controlling assessed real estate may vote by proxy duly authorized in writing on file with the county clerk.
Neb. Rev. Stat. § 31-435 Accounts; treasurer's annual report; neglect by officers; penalty.
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The officers of the district shall keep good, complete and businesslike records of all receipts and disbursements, and the purpose thereof and of all business transacted, and all books, papers and vouchers shall at all times be subject to public inspection. The treasurer shall an…
Neb. Rev. Stat. § 31-436 Drainage district; dissolution; procedure; distribution of funds; city of the metropolitan or first class; county; assume operation and maintenance; authorization; conditions.
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(1) If there are no debts outstanding, the board of directors may, on its own motion or on the request in writing of ten electors, submit the question of dissolution of the district after due notice thereof is given by publication as provided in section 31-418. If three-fifths of…
Neb. Rev. Stat. § 31-436.01 Drainage district; located in more than one county; inactive for five years; county board; dissolve; procedure; funds; distribution.
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When any drainage district organized under the provisions of sections 31-401 to 31-408 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. § 31-437 Sections construed; limitation on powers.
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None of the provisions of sections 31-401 to 31-450 shall be construed as repealing or in anywise modifying the provisions of any other act relating to the subject of drainage. Nothing therein contained shall be deemed to authorize any drainage district to divert the waters of an…
Neb. Rev. Stat. § 31-438 Enlarging district; procedure.
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When it is deemed advisable by the board of directors of district to enlarge the boundaries thereof and the conditions mentioned in section 31-401 apply to such enlarged territory, a petition for the enlargement of the district, signed by a majority of the board of directors of t…
Neb. Rev. Stat. § 31-439 Detaching territory; procedure.
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Whenever the board of directors of any district deems it advisable to detach any portion of the district, which portion shall not have been apportioned for benefits, or having been apportioned, the amount having all been paid, the board of directors may submit at any annual elect…
Neb. Rev. Stat. § 31-440 Overlapping districts; assessments, how determined.
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Two or more districts formed under the provisions of sections 31-401 to 31-408, or any district formed under the provisions of said sections, and any district formed under any other law of this state, may overlap each other. In such event any land in more than one district shall …
Neb. Rev. Stat. § 31-441 Changing voting place from county seat; procedure.
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When a district has been formed, the board of directors shall have power by a three-fifths vote to declare the county seat an inconvenient place for holding elections, and shall certify the same to the proper county clerk. Thereupon all elections of the district other than those …
Neb. Rev. Stat. § 31-442 Fixing boundaries; procedure; petition; hearing.
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Upon filing the petition mentioned in section 31-402, the county clerk shall designate and endorse thereon a day for the hearing and determination of said petition by the county board which shall not be less than fourteen days subsequent to the filing of the petition, and the cou…
Neb. Rev. Stat. § 31-444 Ditches; outlets beyond district boundaries; acquisition; procedure.
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The drainage district may go beyond the limits of its district for an outlet to its drainage system, or for the purpose of conducting its main ditch or ditches, and may purchase, acquire, or condemn any needed real estate therefor. The procedure to condemn property shall be exerc…
Neb. Rev. Stat. § 31-445 Obstructing ditch, drain, or watercourse; penalty.
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It shall be unlawful to obstruct in any manner the flow of water in any ditch, drain or watercourse constructed, improved or used by such drainage district, or to injure or disturb in any manner any dike, levee, or other work constructed in whole or in part, or owned by any drain…
Neb. Rev. Stat. § 31-447 Special assessment liens; vendor and purchaser; apportionment; filing with county clerk.
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All special assessments provided for under sections 31-401 to 31-450 shall, as between vendor and purchaser, be a lien upon the real property involved from and upon the filing with the county clerk of the lists of the tracts, with the amount of money chargeable to each, as provid…
Neb. Rev. Stat. § 31-448 Assessment of benefits to highways and public property; payment.
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The assessment for benefits to public highways and streets and other public property that may have been benefited, shall be paid out of such fund of the county, city, village or other public corporation involved, as the officers thereof may deem most available for such purpose.
Neb. Rev. Stat. § 31-449 Invalid assessment; reapportionment; relevy; how made.
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If for any reason any apportionment of benefits or levy heretofore or hereafter made is or shall be invalid, a reapportionment of benefits and relevy shall be made, but no such reapportionment shall be made until at least ten days' notice by publication in a newspaper in each cou…
Neb. Rev. Stat. § 31-450 Future districts; election; when held; notice; publication; limit of indebtedness; changing plans; abandonment.
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In all districts hereafter organized, 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, specifications, and estim…
Neb. Rev. Stat. § 31-501 Sanitary drainage district in municipality; organization; petition for election.
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Whenever one or more municipalities may be situated upon or near a stream which is bordered by lands subject to overflow from natural causes, or which is obstructed by dams or artificial obstructions so that the natural flow of waters is impeded so that drainage or the improvemen…
Neb. Rev. Stat. § 31-502 Organization; petition; contents; territory included.
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Such petition shall contain a definite description of the territory intended to be embraced in such district according to government survey, and the name of the proposed district; but no lands not included within any municipal corporation, or within three miles thereof, shall be …
Neb. Rev. Stat. § 31-503 Organization; hearing on petition; notice; publication; boundaries of district.
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Upon the filing of such petition in the office of the county board it shall give notice in one or more newspapers daily, if there be a daily paper in said county, during twenty days prior to such meeting, of the time and place where the petition will be heard. At the time so fixe…
Neb. Rev. Stat. § 31-504 Organization; election; notice; publication; form of ballot; canvass; returns; vote required.
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After such determination by the county board, or a majority thereof, it shall call a special election and submit to the legal voters of the proposed sanitary district the question of the organization of such district, and notice in a daily paper, if there be one, shall be given o…
Neb. Rev. Stat. § 31-505 Sanitary district trustees; election; organization; officers; corporate powers.
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Upon the organization of any such sanitary district the county board shall call an election for the election of trustees, who shall hold their offices until their successors are elected and qualified. Where such sanitary district does not contain a city of more than forty thousan…
Neb. Rev. Stat. § 31-506 Trustees; general powers; clerk; engineer; publication of proceedings.
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The board of trustees shall elect one of their members clerk and have the power to appoint, employ and pay an engineer, who shall be removable at pleasure. The clerk may be paid not to exceed three hundred dollars per year by said board. The board shall have power to pass all nec…
Neb. Rev. Stat. § 31-507 Trustees; drainage powers.
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The board of trustees of any sanitary district organized under sections 31-501 to 31-523 shall have power to provide for the drainage of such district by laying out, establishing, maintaining and constructing one or more channels, drains or ditches for carrying off and disposing …
Neb. Rev. Stat. § 31-507.01 Connection with sanitary sewer; permit required; violation; penalty.
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It shall be unlawful for any person to connect any property to a sanitary sewer, maintained by any sanitary drainage district or which has been or may hereafter be acquired from such district by the municipality located within such district and which is being maintained by such m…
Neb. Rev. Stat. § 31-508 Ditches constructed from cities of the primary class; improvement beyond the district; plan and estimate; duties of Department of Water, Energy, and Environment.
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If a sanitary drainage district has constructed one or more channels, drains, or ditches from a city of the primary class to or beyond the boundaries of the district downstream and there remains from the lower terminus of such improvement a portion or continuation of the watercou…
Neb. Rev. Stat. § 31-509 Ditches constructed from cities of 100,000 to 300,000 population; improvement beyond the district; publication of notices; election; vote required; effect of negative vote; special assessment.
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When the Department of Water, Energy, and Environment files a report and estimate, the county clerk of such county shall publish a notice once each week for three weeks in a newspaper published in the county seat of each of the counties having land within the sanitary drainage di…
Neb. Rev. Stat. § 31-510 Borrowing money; bonds; interest; limit of indebtedness.
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Such district may borrow money for corporate purposes and issue bonds therefor, but it shall not become indebted in any manner or for any purpose to an amount in the aggregate in excess of one and four-tenths percent of the taxable valuation of property in the district for county…
Neb. Rev. Stat. § 31-511 Bonded indebtedness; election required; manner of submission.
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At the time of or before incurring any bonded indebtedness the question shall be submitted to the people in the manner provided by law in cases of borrowing money for internal improvements.
Neb. Rev. Stat. § 31-512 Contracts for work; how let; notice; rejection of bids.
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All contracts for work to be done, the expense of which is more than fifteen hundred dollars, shall be let to the lowest responsible bidder, upon notice, of not less than twenty days, of the terms and conditions of the contract to be let. The board of trustees shall have power to…
Neb. Rev. Stat. § 31-513 Annual tax levy; limit; certification to county clerk; collection; disbursement of funds.
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(1) The board of trustees may levy and collect annually taxes for corporate purposes upon property within the limits of such sanitary district to the amount of not more than three and five-tenths cents on each one hundred dollars upon the taxable value of the taxable property of …
Neb. Rev. Stat. § 31-514 Special assessments; power of board of trustees; limit; improvement out of district; deferred assessment; charges; payment.
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The board of trustees shall have the power to defray the expenses of any improvement made by it in the execution of the powers hereby granted, by special assessment, by general taxation, or partly by special assessment and partly by general taxation, as it may determine by order.…
Neb. Rev. Stat. § 31-515 Special assessments; levy; procedure; improvements recommended by Department of Water, Energy, and Environment.
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The proceedings for imposing of special assessment by the board of trustees shall be, as nearly as may be, according to those for special assessments by the mayor and council under the law governing cities of the first class. If improvements are recommended by the Department of W…
Neb. Rev. Stat. § 31-516 Improvements recommended by Department of Water, Energy, and Environment; board of trustees as board of equalization; notice of meeting; appeal.
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Upon the completion of the improvement, notice shall be given that the trustees will sit as a board of equalization, at a day and hour in such notice stated, for the purpose of equalizing the assessments of such portion of the cost of such improvement as the report of the Departm…
Neb. Rev. Stat. § 31-517 Improvements; costs borne by district.
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All costs of the improvement other than the costs to be covered by special assessments as finally determined shall be borne by the sanitary district.
Neb. Rev. Stat. § 31-518 Delinquent assessments; interest; limit.
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No special assessment levied for the purpose aforesaid shall draw interest at a rate exceeding nine percent per annum from the date of delinquency until paid.
Neb. Rev. Stat. § 31-519 Special assessments; payment; collection.
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Where any special assessment is made under sections 31-501 to 31-523, the order making such assessment may provide that it be divided into equal annual installments, not more than twenty in number with interest at seven percent, payable on the whole amount unpaid annually with th…
Neb. Rev. Stat. § 31-520 Property; right-of-way; how procured.
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Such sanitary district may acquire by purchase, condemnation, or otherwise, real or personal property, right-of-way, and privilege, within or without its corporate limits, necessary for its corporate purposes.