Neb. Rev. Stat. § 46-102 — NE Code / Chapter 46 / Section 46-102
View Statute 46-102
Status: in_force

(1) For purposes of the Irrigation District Act:

(a) Elector means:

(i) For any irrigation district or proposed irrigation district not described in subdivision (1)(a)(ii) of this section, any resident of the State of Nebraska who:

(A) Owns not less than fifteen acres of land within any such district;

(B) Is an entryman of government land within any such district; or

(C) Holds a leasehold estate in not less than forty acres of state land within any such district for a period of not less than five years from the date at which such elector seeks to exercise the elective franchise; and

(ii) For any irrigation district or proposed irrigation district which borders another state and comprises less than two thousand acres and in which one-half or more of the landowners, leaseholders, or entrymen of government lands are not residents of the State of Nebraska, any person who:

(A) Owns not less than fifteen acres of land within any such district;

(B) Is an entryman of government land within any such district; or

(C) Holds a leasehold estate in not less than forty acres of state land within any such district for a period of not less than five years from the date at which such elector seeks to exercise the elective franchise; and

(b) Residence means (i) that place in which a person is actually domiciled, which is the residence of an individual or family, with which a person has a settled connection for the determination of his or her civil status or other legal purposes because it is actually or legally his or her permanent and principal home, and to which, whenever he or she is absent, he or she has the intention of returning, or (ii) the place where a person has his or her family domiciled even if he or she does business in another place.

(2) Status as an elector, including residency, shall be established as provided by this section and section 46-110 .

(3) If an elector resides outside of the irrigation district, the elector shall be considered an elector in the division of the irrigation district in which his or her land is situated or, if the elector is the owner of land in more than one division of the irrigation district, the elector shall be considered an elector in the division of the district in which the majority of his or her land is situated.

(4) In the case of land owned or leased by joint tenants, each joint tenant is an elector and entitled to vote if the total acreage owned or leased per joint tenant is equal to or exceeds the minimum acreage requirements of subsection (1) of this section.

(5) In the case of land owned or leased by tenants in common, each tenant is an elector and entitled to vote if the total acreage owned or leased per tenant is equal to or exceeds the minimum acreage requirements of subsection (1) of this section.

(6) In the case of land owned or leased by a corporation, limited liability company, limited liability partnership, joint venture, or other legal entity which meets the minimum acreage requirements of subsection (1) of this section, the entity shall designate a shareholder, member, or partner of the entity to act as the elector on behalf of the entity. The entity shall identify its elector-designee in writing to the secretary of the board of directors of the irrigation district not less than thirty days prior to an irrigation district election.

(7) In the case of land owned or leased under a life tenancy, each remainderman is an elector and entitled to vote if the total acreage owned or leased per remainderman is equal to or exceeds the minimum acreage requirements of subsection (1) of this section.

(8) In the case of land held by a buyer in possession pursuant to a land-purchase contract when the total acreage under the land-purchase contract meets the minimum acreage requirements of subsection (1) of this section and the buyer in possession is responsible for paying the real property taxes and the irrigation fees and assessments, the buyer in possession is the elector.

(9) In the case of land owned or leased by a trust which meets the minimum acreage requirements of subsection (1) of this section, the trustee shall designate a trustor, beneficiary, or trustee of the trust to act as the elector on behalf of the trust. The trust shall identify its elector-designee in writing to the secretary of the board of directors not less than thirty days prior to an irrigation district election.

(10) In the case of a pending estate of a deceased elector involving land which meets the minimum acreage requirements of subsection (1) of this section, the duly appointed personal representative of the estate shall act as the elector on behalf of the estate.

(11) Prior to formation of an irrigation district, if two or more persons claim conflicting rights to vote on the same acreage, the election commissioner or county clerk shall determine the party entitled to vote. In such cases, the determination of the election commissioner or county clerk shall be conclusive. After formation of an irrigation district, if two or more persons claim conflicting rights to vote on the same acreage or any other conflict arises regarding the qualification of an elector, the secretary of the board of directors of the irrigation district shall determine the party entitled to vote. The secretary's determination shall be conclusive. If a claim involves the secretary of the board, the board of election for the affected irrigation district precinct shall determine the party entitled to vote. In such cases, the determination of the board of election shall be conclusive.

Laws 1913, c. 142, § 1, p. 343;

R.S.1913, § 3457;

Laws 1917, c. 80, § 1, p. 188;

C.S.1922, § 2857;

C.S.1929, § 46-101;

Laws 1937, c. 103, § 1, p. 362;

C.S.Supp.,1941, § 46-101;

R.S.1943, § 46-102;

Laws 2015, LB561, § 2;

Laws 2021, LB507, § 5.