Chapter 31 — DRAINAGE
492 sections in this chapter.
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…
Repealed. Laws 1969, c. 245, § 13.
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[Repealed or reserved.]
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.
Repealed. Laws 1969, c. 245, § 13.
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[Repealed or reserved.]
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…
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.
Repealed. Laws 1983, LB 191, § 5.
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[Repealed or reserved.]
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…
Repealed. Laws 1951, c. 101, § 127.
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[Repealed or reserved.]
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…
Repealed. Laws 2001, LB 420, § 38.
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[Repealed or reserved.]
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…
Repealed. Laws 1969, c. 138, § 28.
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[Repealed or reserved.]
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…