Chapter 31 — DRAINAGE
492 sections in this chapter.
Neb. Rev. Stat. § 31-119 Drainage improvements; supervision of work; payment; progress certificates; exceptions.
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The work shall be done under the supervision of the surveyor or engineer appointed by the county board, and when a part, not less than one-fourth of the portion included in any contract, is completed according to the specifications, he shall give the contractor a certificate ther…
Neb. Rev. Stat. § 31-120 Drainage improvements; uncompleted contract; reletting; conditions.
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Any contract not completed within the time specified shall be reestimated and relet to the lowest responsible bidder, but not for a sum greater than the estimate, nor a second time to the same party; Provided, the county board, may for a good cause, extend the time of any contrac…
Neb. Rev. Stat. § 31-121 Drainage improvements; assessments.
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When the working sections are let, as hereinbefore provided, and the costs and expenses of location and construction, and all compensation and damages are ascertained, the county board shall meet and determine at what time and in what number of assessments it will require the sam…
Neb. Rev. Stat. § 31-122 Drainage improvements; deficiencies; supplemental assessments.
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In case of deficiencies appearing after the original assessment, supplemental assessments upon the proportional fixed by the main assessment may be made on the lands benefited to make up such deficiency, and the annual interest on such bonds shall be made from annual levies made …
Neb. Rev. Stat. § 31-123 Drainage improvements; assessments; collection; liens; interest.
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Where the county board has made an assessment it shall cause an entry to be made directing the clerk to make and furnish to the treasurer a special duplicate, with the assessment arranged thereon, as required by its order. The clerk shall retain a copy thereof in his office, and …
Neb. Rev. Stat. § 31-124 Drainage improvements; proceedings; irregularities; effect.
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The collection of assessments to be levied to pay for the location or construction of any ditch shall not be enjoined nor declared void, nor shall such assessment be set aside in consequence of any error or irregularity committed or appearing in any of the proceedings provided by…
Neb. Rev. Stat. § 31-125 Drainage improvements; bonds; when issued; rate of interest; installments.
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When, in the judgment of the county board, the assessments are too large for immediate payment, the board may issue negotiable bonds of the county with interest coupons attached, which bonds and coupons shall be signed by the chairman of the board and countersigned by the county …
Neb. Rev. Stat. § 31-126 Drainage improvements; bonds; issuance; notice.
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In the event of a county board determining to issue bonds, it shall give notice by publication once each week for three weeks of the proposed issue of bonds, and the amount thereof, at any time within sixty days after the date of the first publication of such notice.
Neb. Rev. Stat. § 31-127 Drainage improvements; bonds; sale; lien; registration.
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All bonds shall be sold at not less than par and shall be and remain a first lien upon the property found to be benefited, each part and parcel to remain under such lien until the amount apportioned thereto shall be paid. All bonds shall be registered as provided by law for the r…
Neb. Rev. Stat. § 31-128 Drainage improvements; payment of assessments in cash; effect.
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Any owner of any tract of land, or of an easement therein, may pay the whole of his assessment in cash, and in such case the bonds so issued shall not be a lien against the lands, lots or property of the owner.
Neb. Rev. Stat. § 31-129 Drainage improvements; bonds; limitation on amount.
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Bonds so issued shall be limited to the amount actually required, after taking into consideration cash payment by property owners that may be made as provided in section 31-128.
Neb. Rev. Stat. § 31-130 Neglect of duty; penalty.
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Any officer mentioned in sections 31-101 to 31-138 who shall neglect or refuse to perform any duty imposed upon him by the provisions of said sections, shall forfeit and pay a fine of twenty-five dollars for every such offense.
Neb. Rev. Stat. § 31-131 Drainage improvements; ditches in two counties; procedure.
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When a ditch is proposed which will require a location in more than one county, application shall be made to the county board of each county so affected, and the surveyor or engineer shall make a report for each county. Application for damages shall be made, and appeals from the …
Repealed. Laws 1959, c. 132, § 34.
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[Repealed or reserved.]
Neb. Rev. Stat. § 31-133 County ditch fund; borrowing from county general fund permitted; conditions.
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The county board of any county in this state is hereby authorized, whenever it deems necessary, to create a county ditch fund, to consist of taxes collected from county levies, and all balances remaining unexpended of special ditch funds, arising from excess of assessments made o…
Neb. Rev. Stat. § 31-134 Obstructing drainage ditch; penalty.
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Any person or persons or association of any kind or any corporation, who shall either for himself or for another deposit within the banks, limits or right-of-way of any drain or ditch, that has been, or shall hereafter be constructed under the terms and provisions of sections 31-…
Neb. Rev. Stat. § 31-135 Drainage ditches; petition to clean and place in efficient condition.
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In any county wherein a drainage ditch has been constructed under the provisions of sections 31-101 to 31-134, or by any drainage district which shall have been dissolved, a petition may be filed with the county clerk, signed by at least twenty-five percent of the landowners bene…
Neb. Rev. Stat. § 31-136 Drainage ditches; petition; survey; cost estimate.
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Upon the filing of the petition provided for in section 31-135, it shall be the duty of the county board to cause a survey and estimate of the cost of such improvement to be made by some competent surveyor within sixty days thereafter.
Neb. Rev. Stat. § 31-137 Drainage ditches; petition; hearing; notice.
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Upon filing of the report and estimate of the surveyor in the office of the county clerk, it shall be the duty of the county board to set a day for hearing thereon, not more than forty days from the date of said filing, and to give notice by publication thereof for three weeks in…
Neb. Rev. Stat. § 31-138 Drainage ditches; petition; procedure; cost of improvement; how paid.
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The proceedings in regard to the hearing by the county board on the petition and surveyor's report, orders of the county board, appeals, letting of contracts for cleaning ditches as provided for by sections 31-135 to 31-137, supervision thereof, assessment of cost and collection …
Neb. Rev. Stat. § 31-139 Drainage ditch; transfer to drainage district; petition.
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In any county wherein a drainage ditch has been constructed under the provisions of sections 31-101 to 31-134, or by any drainage district which shall have been dissolved, which benefits an area in part within or adjacent to the boundaries of a drainage district organized under C…
Neb. Rev. Stat. § 31-140 Drainage ditch; transfer; hearing; notice.
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Upon the filing of such petition it shall be the duty of the county board to set a day for hearing thereon, not more than fifty days from the date of such filing and to give notice by publication thereof for one week in some newspaper of general circulation in the county and the …
Neb. Rev. Stat. § 31-141 Drainage ditch; transfer; hearing; findings.
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The county board may, after public hearing on the petition, thereupon change the boundaries of the original drainage district organized under the provisions of Chapter 31, article 3 or 4, so as to include the area benefited by the drainage ditch constructed under the provisions o…
Neb. Rev. Stat. § 31-142 Drainage ditch; transfer; powers of drainage district.
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Upon the inclusion of any drainage ditch constructed under the provisions of sections 31-101 to 31-134, or of any drainage district which shall have been dissolved, which benefits an area in part within or adjacent to the boundaries of a drainage district organized under the prov…
Neb. Rev. Stat. § 31-201 Drainage by landowner; to what extent allowed.
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Owners of land may drain the same in the general course of natural drainage by constructing an open ditch or tile drain, discharging the water therefrom into any natural watercourse or into any natural depression or draw, whereby such water may be carried into some natural waterc…
Neb. Rev. Stat. § 31-202 Watercourse, defined.
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Any depression or draw two feet below the surrounding lands and having a continuous outlet to a stream of water, or river or brook shall be deemed a watercourse.
Neb. Rev. Stat. § 31-202.01 Watercourses; obstructions; power of county board.
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In all counties the county board shall have the power to cause all natural watercourses to be kept clean and free of obstructions.
Neb. Rev. Stat. § 31-202.02 Watercourses; obstructions; petition by landowners.
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Whenever any natural watercourse in a county is filled with trees, silt, or debris in such a manner as to obstruct the natural flow thereof and cause damage by flooding of adjacent lands, any five landowners owning land in such county abutting on the natural watercourse may, by p…
Neb. Rev. Stat. § 31-202.03 Watercourses; obstructions; cost; special assessment.
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The county board, upon receipt of a request pursuant to section 31-202.02, may, if the board finds natural flow is being obstructed, cause the natural watercourse to be cleaned out. The cost thereof shall be levied as a special assessment and apportioned among the property owners…
Neb. Rev. Stat. § 31-203 Drainage supervisors, county board act as; powers.
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The members of the county board shall be the drainage supervisors in and for their respective counties, and as such shall be a body politic and corporate, and shall be the corporate authorities of all the drainage districts within their respective counties.
Neb. Rev. Stat. § 31-204 Drains or ditches; petition for construction or maintenance; bond for costs and expenses.
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Any person or persons desiring the construction of any drain or drains, ditch or ditches, or the repair and maintenance of the same, may file a petition with the county board, accompanied with a good and sufficient bond, to be approved by such board, conditioned to pay all costs …
Neb. Rev. Stat. § 31-205 Drains or ditches; petition; contents.
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The petition shall set forth a description of the ditch or ditches, drain or drains, stating the boundaries of the ditch or drain, giving the number of sections or fractional parts thereof, and stating that the proposed drain or ditch shall empty into a watercourse or depression …
Neb. Rev. Stat. § 31-206 Drains or ditches; survey; estimates.
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Whenever the petition and bond as provided for in sections 31-204 and 31-205 have been filed with the county board and the bond approved by it, the board shall cause said ditch or ditches, drain or drains, and the lands or lots affected thereby to be surveyed, and may for this pu…
Neb. Rev. Stat. § 31-207 Drains or ditches; notice of hearing on petition; contents; service.
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Upon the filing and examination of the report of the surveyor or civil engineer as provided in section 31-206, the county board shall examine the same and, if it finds that the ditch or ditches, drain or drains, is or are necessary for agricultural or sanitary purposes, that they…
Neb. Rev. Stat. § 31-208 Drains or ditches; appraisers; appointment.
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At the time and place fixed in the notice as provided in section 31-207, the county board may again consider the question of public utility, if requested so to do by any interested party, and may also consider the advisability of such improvements, although it be found to be of p…
Neb. Rev. Stat. § 31-209 Drains or ditches; appraisers; oath; procuring right-of-way.
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The appraisers shall first take and subscribe to an oath to well and truly perform the duties required of them as such appraisers, and they shall then proceed to procure the right-of-way for the ditch or ditches, drain or drains, from the owner or owners of the lands or lots whic…
Neb. Rev. Stat. § 31-210 Drains or ditches; failure of mutual agreement; right of eminent domain; procedure.
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If the appraisers shall for any reason fail to procure the right-of-way for the proposed ditch or ditches, drain or drains, from any of the owners of the land crossed thereby, by a mutual agreement with such owners, the county board may acquire same by the exercise of the power o…
Neb. Rev. Stat. § 31-211 Drains or ditches; appraisal; costs; damages; assessments.
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The appraisers shall ascertain as nearly as may be the actual cost of construction of the ditch or ditches, drain or drains, together with all costs relating thereto, including the costs of the surveyor and engineer and the costs of appraisement and advertising, and shall ascerta…
Neb. Rev. Stat. § 31-212 Drains or ditches; highway benefits; assessment to county or township.
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In case the public highways shall be benefited by the construction of such proposed ditch or ditches, drain or drains, the appraisers shall determine as nearly as may be the amount of such benefits so accruing to the township or county, as the case may be, and said township or co…
Neb. Rev. Stat. § 31-213 Drains or ditches; appraisers; report; assessment roll; when filed; confirmation.
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The appraisers shall within twenty days from the date of their appointment file their report and assessment roll with the county clerk, and any person or persons or corporation owning land affected by the proceedings may, within thirty days from the date of the appointment of the…
Neb. Rev. Stat. § 31-214 Drains or ditches; report; assessment roll; notice of objections.
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If objections are filed to any matter contained in the report or assessment roll, the county clerk shall thereupon issue a notice to all interested parties concerned therein, which notice shall be served upon such parties, if residents of the county, at least three days prior to …
Neb. Rev. Stat. § 31-215 Drains or ditches; report; assessment roll; hearing on objections; procedure.
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At the time fixed in the notice, or on any adjourned day thereafter, the board shall proceed to hear and determine all matters in relation to the objections, and for that purpose may take the sworn testimony of witnesses produced by interested parties to the controversy and may i…
Neb. Rev. Stat. § 31-216 Drains or ditches; appeal from assessment; how taken; bond.
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When the objections have been heard and determined by the board, any interested party may appeal therefrom to the district court by filing with the county clerk a written notice of the appeal within ten days from the date of such decision; Provided, they shall give a bond to be a…
Neb. Rev. Stat. § 31-217 Drains or ditches; assessment; entry on tax books; how collected.
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If no objections are filed to the report of the appraisers within the time as provided in section 31-213, or no appeal has been perfected from the decision of the county board upon objections determined by it, the county board shall direct the county clerk to place the assessment…
Neb. Rev. Stat. § 31-218 Drains or ditches; assessment; payment before entry on tax books allowed.
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Any person or persons against whose land any assessment shall have been levied shall in his discretion have the right to pay to the county treasurer the amount of such assessment before the same has been placed upon the tax books of the county clerk.
Neb. Rev. Stat. § 31-219 Drains or ditches; appraisers; compensation; expenses.
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The appraisers shall receive the sum of three dollars per day for the time necessarily employed, together with necessary traveling expenses, with reimbursement for mileage to be made at the rate provided in section 81-1176, to be taxed as costs and to be paid from the money recei…
Neb. Rev. Stat. § 31-220 Drains or ditches; appraisers, employees, and contractors; entry on land authorized.
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The drainage supervisors, any time after receiving any petition as provided in section 31-204, may authorize any appraisers or employees to go upon the lands affected for the purpose of examining the same and making a survey thereof. After the matter has been fully determined by …
Neb. Rev. Stat. § 31-221 Injuring or obstructing watercourse, drain, or ditch; penalty; liability for costs of cleaning.
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If any person or persons shall willfully fill up, injure or destroy any watercourse or any drain or ditch constructed as herein required, or willfully prevent or delay the construction or repair of any watercourse or any drain or ditch in the manner provided by sections 31-201 to…
Neb. Rev. Stat. § 31-222 Drains or ditches; assessment; credit allowed for work done by persons assessed.
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In case any person assessed for benefits shall contract to do any work on the ditch or drain, and the work is done according to contract, the drainage supervisors shall give said person or persons a receipt thereof to the amount earned by such work, and such receipt shall be rece…
Neb. Rev. Stat. § 31-223 Drains or ditches; additional assessments; levy; collection.
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When the assessments as provided for in sections 31-201 to 31-222 shall be inadequate to complete the work proposed, or when assessments shall be necessary for the maintenance and repair of such ditches or drains, each tract of land shall be assessed by the county board such prop…