Chapter 31 — DRAINAGE
492 sections in this chapter.
Repealed. Laws 1977, LB 510, § 10.
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[Repealed or reserved.]
Repealed. Laws 1977, LB 510, § 10.
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[Repealed or reserved.]
Repealed. Laws 1977, LB 510, § 10.
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[Repealed or reserved.]
Repealed. Laws 1977, LB 510, § 10.
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[Repealed or reserved.]
Repealed. Laws 1977, LB 510, § 10.
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[Repealed or reserved.]
Repealed. Laws 1977, LB 510, § 10.
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[Repealed or reserved.]
Repealed. Laws 1977, LB 510, § 10.
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[Repealed or reserved.]
Repealed. Laws 1977, LB 510, § 10.
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[Repealed or reserved.]
Neb. Rev. Stat. § 31-901 Declaration of policy.
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(1) The maintenance of adequate drainage within the confines of certain counties of the state is hereby declared to be a matter of public health, convenience and welfare. (2) The use of road ditches, the use of public and private ditches and natural watercourses for drainage requ…
Neb. Rev. Stat. § 31-902 Terms, defined.
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For purposes of the County Drainage Act, unless the context otherwise requires: (1) County board shall mean either the board of supervisors when the county is organized under the township form or county commissioners when the county is organized under the commissioner system; (2)…
Neb. Rev. Stat. § 31-903 Drainage assistance; petition by landowners; contents; county board; investigation.
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At such time as a petition by one or more owners of any lots or lands within the county is filed with the county board of any county stating: (1) That there are areas within said county which are not within the boundaries of any drainage district organized under Chapter 31, artic…
Neb. Rev. Stat. § 31-904 Drainage assistance; petition; denial; approval; county board; assist in drainage.
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If the county board determines that the allegations of said petition are not true, it shall deny the request. If it determines that the allegations of said petition are true, it shall, by resolution, declare that the county intends to assist in drainage under the provisions of se…
Neb. Rev. Stat. § 31-905 Drainage fund; tax; levy; purpose.
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The county board may, at the time the next levy for the county is set up, levy not to exceed eight-tenths of one cent on each one hundred dollars upon the taxable value of all the taxable property of the county for the establishment of a drainage fund. No other general levy of an…
Neb. Rev. Stat. § 31-906 Drainage fund; levy; special fund.
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The money raised from the levy provided in section 31-905 shall be used for the expenses of the county board in operating under the provisions of sections 31-901 to 31-933 and shall be kept by the county treasurer in a special fund for that purpose.
Neb. Rev. Stat. § 31-907 Drainage improvement; petition; county board; order.
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After a determination has been made as provided in section 31-904, if at any time a petition signed by one or more owners of lots and lands affected is filed with the board requesting: (1) The cleaning of a road ditch; (2) the cleaning of a public or private ditch which is used f…
Neb. Rev. Stat. § 31-908 Drainage improvement; proposed plan; contents.
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If the board determines that said requested drainage improvement should be undertaken, it shall within ninety days develop a proposed plan for said improvement. This plan shall include: (1) An estimate of the cost of said improvement; (2) If the estimate indicates the cost will e…
Neb. Rev. Stat. § 31-909 Proposed drainage improvement plan; file with county clerk; hearing; notice; contents.
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The proposal shall be filed with the county clerk of the county who shall set a hearing date not less than thirty nor more than ninety days from date of filing. Notice of the hearing shall be given by certified mail addressed to the address of each land or lot owner as shown on t…
Neb. Rev. Stat. § 31-910 Proposed drainage improvement plan; hearing; objections.
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At the hearing the county board shall hear objections from any land or lot owner as to the following: (1) Whether the project will be conducive to the public health, convenience or welfare; (2) Assessment of benefits; (3) Compensation for land appropriated; and (4) Damage claimed…
Neb. Rev. Stat. § 31-911 Proposed drainage improvement plan; order; appeal; procedure.
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Any person or corporation feeling aggrieved thereby may appeal to the district court within and for the proper county from any final order or judgment of the board made in the proceedings and entered upon its journal determining any one of the items set forth in section 31-910. S…
Neb. Rev. Stat. § 31-912 Proposed drainage improvement plan; county board; proceed with plan.
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In the event no appeal is perfected as provided in section 31-911, or upon final determination of said appeal, unless the court should hold that the improvement is not conducive to public health, convenience and welfare, the board shall proceed as follows: (1) If the estimated co…
Neb. Rev. Stat. § 31-913 Drainage improvements; work completed; payment.
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Payment for the work done under the provisions of section 31-912 shall be made monthly upon progress certificate of the engineer with ten percent of each estimate to be withheld until final completion and acceptance of said improvement.
Neb. Rev. Stat. § 31-914 Drainage improvements; cost; payment; warrant.
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The cost of each improvement shall be paid by warrant signed by the county clerk drawn upon the county treasurer, which warrant shall designate the particular improvement project upon which it is drawn and shall be paid from money received from assessments on lots and lands in th…
Neb. Rev. Stat. § 31-915 Drainage improvements; borrowing from county general fund permitted.
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Pending the collection of assessments on any particular projects, the county treasurer may, with approval from the county board, transfer money from the general fund, which money shall be returned when collections are made of assessments of benefits as provided for by sections 31…
Neb. Rev. Stat. § 31-916 Drainage improvements; assessments; interest; due date; lien; public lands; collection.
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At such time as the contract for said improvement is let, or in the event no contract is let, at such time as the improvement is completed, the county board shall determine the exact amount of each assessment and direct the county clerk to certify the same to the county treasurer…
Neb. Rev. Stat. § 31-917 Drainage improvements; assessments; installments; limitation.
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The county board, in its sole discretion, may provide for the payment of the assessments in five equal annual installments, the unpaid balances of which shall bear interest at not to exceed the legal rate of interest or the interest which is borne by the warrants issued in paymen…
Neb. Rev. Stat. § 31-918 Drainage improvements; damages; county board; claim; limitation; hearing.
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Should a lot or land owner suffer damage resulting from said drainage improvement and such party not have been notified thereof as provided for in section 31-909, such lot or land owner may, within thirty days from the date that said damage occurred, file a claim with the county …
Neb. Rev. Stat. § 31-919 Drainage improvements; assessment of benefits; award of damages, when final; appeal.
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The assessment of benefits against, and award of damages to, every lot or land owner who has been notified as provided in section 31-909 and who fails to file objections or having filed objections fails to prosecute appeal from ruling thereon, shall be final. The collection of an…
Neb. Rev. Stat. § 31-920 Drainage improvements; damages; additional assessments of benefits; payment.
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Should the board allow damage, or should the court on appeal allow damage to the claimant as provided for in section 31-919, additional assessments of benefits shall be made against the lot and land owners by supplemental assessments upon the proportion fixed by the original asse…
Neb. Rev. Stat. § 31-921 Drainage improvements; additional assessments.
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Should unexpected expenses or awards of damages require a supplemental assessment of benefits to pay for such improvements, the board shall have the authority to make such supplemental assessments in the manner provided in section 31-920. Should this additional amount to be so as…
Neb. Rev. Stat. § 31-922 County board; drainage assistance and regulation; general powers.
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(1) The county board shall have authority to direct landowners to remove, from ditches and watercourses adjoining or within the boundaries of their premises, obstructions which the landowners have placed or permitted to be placed therein, including the removal of inadequate culve…
Neb. Rev. Stat. § 31-922.01 County board; rights-of-way; manner of acquisition.
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The county board, in constructing a drainage improvement under the provisions of sections 31-901 to 31-933, may procure rights-of-way by purchase, gift, or by exercise of the right of eminent domain in the manner set forth in sections 76-704 to 76-724.
Neb. Rev. Stat. § 31-923 Cleaning project; county road; benefits; payment; county road fund.
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Where any cleaning project benefits a county road, the county board may assess the appropriate share of the costs to the county road fund.
Neb. Rev. Stat. § 31-924 Cleaning project; road ditch, ditch, or watercourse; installation and maintenance of bridge or culvert; payment; county road funds.
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Where the cleaning involves a road ditch or a ditch or watercourse that is crossed by a county or township bridge or culvert, the board, in its discretion, may provide for the use of county road funds for installation and maintenance of such bridge or culvert or to assist therein…
Neb. Rev. Stat. § 31-925 Cleaning project; ditch or watercourse; state highway; contract with Department of Transportation.
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Where the cleaning of a ditch or watercourse involves a state highway, the county board is authorized to make any contract with the Department of Transportation with reference to bridges or culverts or, if unable to agree therein, to bring any action necessary to force the state …
Neb. Rev. Stat. § 31-926 County board; engineers; attorneys; employees; payment from drainage fund.
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The county board may employ engineers, attorneys, and others to assist in the administration of sections 31-901 to 31-933. Payment for these services shall be made from the drainage fund except where a particular improvement project is set up, in which case the share of engineeri…
Neb. Rev. Stat. § 31-927 County board; limitation on powers; contract with other districts.
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The county board shall not set up any drainage improvement project within the boundaries of any drainage district organized under Chapter 31, article 3 or 4, or sanitary districts organized under Chapter 31, article 5 or 7, but may have authority to contract with any such distric…
Neb. Rev. Stat. § 31-928 Cities of first or second class or villages; included in improvement district.
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Lots and lands within the confines of any village or city of the second or first class may be included within the boundaries of an improvement project as provided for in sections 31-907 to 31-918.
Neb. Rev. Stat. § 31-929 Drainage improvements; damages; immunity.
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Neither the county, the county board, nor the individual members thereof shall be liable for damages to or loss sustained by any lot or land owner by reason of their actions in the administration of sections 31-901 to 31-933 or for failure to function hereunder.
Neb. Rev. Stat. § 31-930 County board; enjoin or restrain; when.
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Sections 31-901 to 31-933 shall not prevent any lot or land owner from enjoining or restraining the board from cleaning or other actions under section 31-922 when it can be proven that such action by the board will damage such owner and no provision for reimbursement therefor has…
Neb. Rev. Stat. § 31-931 Sections; supplemental effect.
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Sections 31-901 to 31-933 shall in no way interfere with or prevent the operation of any drainage district organized under the laws of this state or the construction of roads, road ditches, culverts, drains, or bridges in connection therewith but shall be supplemental and indepen…
Neb. Rev. Stat. § 31-932 Drainage district; dissolution; right-of-way interest becomes property of county.
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Upon dissolution of any drainage district, the right-of-way interest of such drainage district shall pass to and become the property of the county where located. Nothing in this section shall apply to any irrigation ditch or ditches.
Neb. Rev. Stat. § 31-933 Act, how cited.
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Sections 31-901 to 31-933 shall be known and may be cited as the County Drainage Act.