reglab/housing_qa huggingface dataset:
NE Code § 31-324 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-324 - Engineer's report; notice of hearing; form; publication.

31-324.  Engineer's report; notice of hearing; form; publication.The board of supervisors shall give notice of the meeting provided for in section 31-323 by causing a publication thereof to be made once a week for two consecutive weeks in some newspaper published in each county in the district, the last publication to be at least ten days before the day set for the hearing. It shall not be necessary in such notice for the board to name the parties interested, and the following form shall be sufficient:Notice is hereby given to all parties interested in the following described lands and property in ............... County, Nebraska, (here describe the lands and property) included within (here insert name of drainage district) that the engineer heretofore appointed to make a topographical survey of such drainage district and maps and profiles thereof, and a complete plan for draining, reclaiming, and protecting such district and an estimate of the cost of the proposed drainage improvements, and to assess benefits to the property and lands in such drainage district and to classify the same, filed a report with the board of supervisors of (here insert the name of the drainage district) on the ........... day of ........... 20...., and you and each of you are hereby notified that you may file objections to such report within the time fixed by law.......................................Chairperson of the board of supervisors of Drainage District Number ........... of ............... County, Nebraska.Source   Laws 1905, c. 161, § 13, p. 619;   Laws 1909, c. 147, § 4, p. 512;   R.S.1913, § 1819;   C.S.1922, § 1766;   C.S.1929, § 31-423;   R.S.1943, § 31-324;  Laws 2004, LB 813, § 12.  Annotations  Hearing on apportionments of benefits is in part to assess benefits to property in the district and to classify same. Lost Creek Drainage Dist. v. Elsam, 188 Neb. 705, 199 N.W.2d 387 (1972). Assessment in excess of benefits, or without notice to owners, is void. Neal v. Vansickle, 72 Neb. 105, 100 N.W. 200 (1904).
NE Code § 31-325 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-325 - Engineer's report; notice of hearing; record; contents; filing.

31-325.  Engineer's report; notice of hearing; record; contents; filing.A copy of the above notice fixing the time and place of such hearing together with a resolution adopting the same shall be spread on the records of the board. The reports of the engineer shall be spread at large on the minutes of the proceedings of the board of supervisors of the drainage district, and the maps and profiles shall be placed on file with the secretary of the board where all persons interested may have access to the same.Source   Laws 1905, c. 161, § 13, p. 620;   Laws 1909, c. 147, § 4, p. 512;   R.S.1913, § 1820;   C.S.1922, § 1767;   C.S.1929, § 31-424;   R.S.1943, § 31-325.
NE Code § 31-326 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-326 - Engineer's report; objections; procedure; pleadings; hearing; adjournment.

31-326.  Engineer's report; objections; procedure; pleadings; hearing; adjournment.The drainage district by its attorney or any owner of land or other property in the district whose land or property may be affected thereby may file objections to the surveyor's report or to any item of the classification or the assessment of benefits therein set out, within ten days after the last day of publication of the notice provided for in section 31-324. All objections shall be heard by the board of supervisors fully and fairly and as speedily as may be to carry out liberally the purposes and needs of such drainage district. It shall not be necessary for the drainage district to file any answer or other pleadings to the objections, claims or other pleadings filed by such persons in answer to the proposed assessment as provided in this section, but such matters shall be deemed denied, and the drainage district shall have the right to interpose any matters in defense thereto which it may have. The board of supervisors may adjourn any hearing or hearings for good cause from day to day, or to some future day as it may deem best, and the property owners, for good cause shown by affidavit of themselves or agents, may have the hearings adjourned for a period not to exceed two weeks.Source   Laws 1905, c. 161, § 14, p. 621;   Laws 1909, c. 147, § 5, p. 513;   R.S.1913, § 1821;   C.S.1922, § 1768;   C.S.1929, § 31-425;   R.S.1943, § 31-326. Annotations Determination of board levying drainage assessments cannot be enjoined unless void, especially when adequate remedy exists at law. Richardson County v. Drainage Dist. No. 1 of Richardson County, 113 Neb. 662, 204 N.W. 376 (1925).
NE Code § 31-327 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-327 - Engineer's report; objections; hearing; procedure; findings; powers of the board.

31-327.  Engineer's report; objections; hearing; procedure; findings; powers of the board.At the time and place fixed in the notice, the board of supervisors shall meet for the hearing of the objections. If it finds that due notice has not been given as required by section 31-324, it shall continue the hearing to a date to be fixed by the board, and order the publication of the notice as hereinbefore provided. When the board finds that due notice has been given, it shall proceed to hear any objection or objections that may have been filed upon which an issue has been made, and for that purpose shall have the power to subpoena, swear, and examine witnesses, and to do all things necessary and incidental to a proper hearing and adjudication of such issues. It shall examine the maps, profiles, plans and report of the engineer, the items of the estimated cost of the drainage improvement recommended, the classification of the land and property in the district, and the assessment of the benefits to the same as proposed by the engineer. The drainage board shall also have the power to establish the classification of the lands and property, and to determine and adjudicate, the total amount of the benefit that will accrue to each lot, tract, or parcel of land or other property in the district, from the drainage improvements. Whether an objection is sustained or overruled, the board may modify the report in any particular; but if the objections are overruled, the board may approve and confirm the report as to the property affected, and if it finds the classification of assessment of benefits to the lands and other property to be in any respect inequitable, either less than or in excess of the benefits accruing to the lands and property from the drainage improvements, or in any particular unfair and unjust, it shall so order, shall thereupon so amend, adjust and equalize the classification and benefits as may appear fair, just and equitable to them. When the board has adjusted, equalized and determined the classification of, and assessment of total benefits to the lands and other property as above required, it shall enter an order confirming the same. All pleadings and other papers filed in the matter of such hearings shall be filed with the secretary of the board of supervisors. Subpoenas and other process shall be issued by the secretary, who shall be empowered to administer oaths to witnesses, and to certify to records and papers under the seal of the drainage district.Source   Laws 1905, c. 161, § 15, p. 622;   Laws 1909, c. 147, § 6, p. 513;   Laws 1911, c. 144, § 4, p. 481;   R.S.1913, § 1822;   C.S.1922, § 1769;   C.S.1929, § 31-426;   R.S.1943, § 31-327. Annotations Members of boards are not disqualified because they own property; findings sustained. Nemaha Valley Drainage Dist. No. 2 v. Marconnit, 90 Neb. 514, 134 N.W. 177 (1912); Nemaha Valley Drainage Dist. No. 2 v. Skeen, 90 Neb. 510, 134 N.W. 184 (1912).
NE Code § 31-328 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-328 - Engineer's report; objections; hearing; costs; how taxed.

31-328.  Engineer's report; objections; hearing; costs; how taxed.The costs of the hearing in case of contest shall be taxed and assessed as follows:(1) If the matter shall be determined by the board against the party's contention objecting to the assessment, all costs upon the hearing of his objections shall be adjudged against such objector; and the board of supervisors shall have the right to recover the same from such objector or objectors for the benefit of the drainage corporation in a civil action for that purpose before any court of competent jurisdiction in the name of the drainage corporation;(2) In case the matter is finally determined by the board of supervisors partly in favor of and partly against the contention of any objector or objectors, the costs shall be apportioned between the drainage district and the objectors as the board shall deem just and equitable; and(3) In case the contention of the objectors is wholly sustained and the matter is fully determined in their favor by the board, the costs shall be paid by the drainage district.The fees allowed upon such hearing shall be the same as those now allowed upon the trial of civil actions in county court.Source   Laws 1905, c. 161, § 16, p. 623;   R.S.1913, § 1823;   C.S.1922, § 1770;   C.S.1929, § 31-427;   R.S.1943, § 31-328;   Laws 1972, LB 1032, § 206.
NE Code § 31-331 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-331 - Assessments; certificate of levy to county clerk; form.

31-331.  Assessments; certificate of levy to county clerk; form.The levy of the tax when so fixed and determined, shall be evidenced and certified by the board of supervisors to the county clerk of each county in which lands of the district are situated, which certificate shall be substantially in the following form:  State of Nebraska,)    ) ss.   County of ........)   To ......................, county clerk of the county: This is to certify that by virtue of the provisions and terms of sections 31-330 and 31-331, the board of supervisors of (here insert name of drainage district) including lands and property in the counties of ..................... in the State of Nebraska, have determined to and do hereby levy the special tax provided for in such sections on the lands and property situated in your county, described in the following table, in which are (1) the names of owners of the lands and property as they appeared in the decree of the district court organizing the district or as then shown by the deed records of the county, (2) the description of the lands and property opposite the names of the owners, and (3) the amount of the tax levied on each tract of land or piece of property: (here insert table). The tax shall be collected and payable in .................. annual installments, and the amount of each annual installment will be certified to you not later than September 1 in each year. Witness the signature of the chairperson of the board of supervisors, attested by the seal of the district and the signature of the secretary of the board on this .......... day of .......... A.D. 20.... .  ......................  ......................   Secretary (Seal) Chairperson  The county clerk shall file the certificate in his or her office and record the same.Source   Laws 1907, c. 152, § 3, p. 468;   Laws 1909, c. 147, § 8, p. 517;   R.S.1913, § 1826;   C.S.1922, § 1773;   C.S.1929, § 31-430;   R.S.1943, § 31-331;   Laws 1995, LB 589, § 6;  Laws 2004, LB 813, § 13.
NE Code § 31-332 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-332 - Additional assessments; notice of hearing; publication; erroneous assessments; correction.

31-332.  Additional assessments; notice of hearing; publication; erroneous assessments; correction.If for any reason the cost of the drainage works and improvements exceeds the amount of the tax levied against the lands and property as above set out, the board of supervisors may levy such other and further installments as may be necessary to complete the works and improvements, but the total amount of all such levies and installments shall in no event exceed the total amount of benefits assessed to the lands and property in the district, and such additional cost shall be apportioned to the lots, tracts, lands and property in the same proportion as in the first apportionment; Provided, the board of supervisors shall first give notice thereof by causing a publication to be made once a week for two consecutive weeks in some newspaper published in each county in the district, the last publication to be at least ten days before the day set for hearing. The board of supervisors may correct erroneous assessments and grant relief therefrom, and may correct clerical or other manifest errors in the schedules of the apportionment of the cost discovered after certification to the county clerk.Source   Laws 1909, c. 147, § 8, p. 517;   R.S.1913, § 1827;   C.S.1922, § 1774;   C.S.1929, § 31-431;   R.S.1943, § 31-332. Annotations Provisions for tax levies refer to property within the district. Lost Creek Drainage Dist. v. Elsam, 188 Neb. 705, 199 N.W.2d 387 (1972).
NE Code § 31-334 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-334 - Drainage tax; levy insufficient; supplemental assessment; how levied and collected.

31-334.  Drainage tax; levy insufficient; supplemental assessment; how levied and collected.Whenever it shall appear to the satisfaction of the board of supervisors that the levy theretofore made will be insufficient to pay the cost of the improvement or to pay the interest and principal of the bonds which the district desires to issue to pay the cost of such improvement, and that therefor a supplemental assessment is necessary to be made as provided in section 31-332, the board shall, by a resolution duly passed and entered in the record of its proceedings, declare the amount of such deficit and the purpose to which such supplemental assessment should be applied, and shall thereupon cause a supplemental assessment roll to be made, which shall apportion the amount necessary to be raised and declared as aforesaid upon the lands in the proportion of the former assessment, and shall set opposite each parcel of land (described by its legal description) the amount of such supplemental assessment expressed in dollars and cents. Upon such roll the real estate and the amounts of the several assessments may be described by current and usual abbreviations, if the board so desires. Thereupon the board shall proceed to enter judgment by confirmation upon such supplemental assessment roll, and such supplemental assessments shall be levied and certified in all respects as provided for herein. From time to time, and as often as occasion may arise, supplemental assessments may be levied as in this section provided. In the event that any supplemental assessment is levied before any bonds are issued by the district, it shall be divided into installments, payable when the installments of the first original assessment are payable, and shall be collected therewith, and together they shall constitute one fund against which drainage bonds may be issued as herein provided.Source   Laws 1909, c. 149, § 2, p. 529;   R.S.1913, § 1829;   C.S.1922, § 1776;   C.S.1929, § 31-433;   R.S.1943, § 31-334.
NE Code § 31-335 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-335 - Streets, highways, and railroad property; assessment; tax; collection.

31-335.  Streets, highways, and railroad property; assessment; tax; collection.When any ditch, drain, improved watercourse, dike, levee or other drainage improvement, located and established under sections 31-301 to 31-369, crosses, drains, or protects either in whole or in part any street, highway, public or corporate road of any railroad, or benefits any or either of such streets, roads or railroads, the board of supervisors shall apportion and set off to the county or a township, if a county road, or to a company, if incorporated, or a railroad, and to a city or village, if a street or alley, a portion of the cost and expense of the whole drainage improvements, the same as to private individuals, and in proportion to the benefits conferred by such drainage improvements on such street, roads and railroads. Any apportionment of the cost and expenses of the drainage improvements that may be levied as a special tax or assessment against the property of any incorporated road, or any railroad, or any telegraph or telephone company for benefits accruing to the property of such corporations situated within the physical boundaries of such drainage district, shall be enforced and collected in the same manner that county taxes are enforced against them under the general revenue laws of the state. Any apportionment of the costs and expenses aforesaid to a county, township, city or village, shall be filed as a claim with the county, township, city or village clerk, as the case may be, and may be enforced and collected as other judgments against such county, township or municipal corporation are enforced and collected.Source   Laws 1905, c. 161, § 19, p. 624;   Laws 1909, c. 147, § 9, p. 520;   R.S.1913, § 1830;   C.S.1922, § 1777;   C.S.1929, § 31-434;   R.S.1943, § 31-335;   Laws 1972, LB 1053, § 4.  Annotations  Creating liability against a village for benefits to streets and alleys for drainage improvement within a drainage district is not in contravention of the Constitution. Drainage District No. 1 of Lincoln County v. Village of Hershey, 145 Neb. 138, 15 N.W.2d 337 (1944). Supervisors have power hereunder to assess railroad company. Drainage Dist. No. 1 of Pawnee County v. Chicago, B. & Q. R. Co., 96 Neb. 1, 146 N.W. 1055 (1914). Section is constitutional. County property may be assessed for special improvements, and assessments should be charged to county and not township. Drainage Dist. No. 1 of Richardson County v. Richardson County, 86 Neb. 355, 125 N.W. 796 (1910).
NE Code § 31-336 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-336 - Bonds; authority to issue; terms.

31-336.  Bonds; authority to issue; terms.The board of supervisors may, if in its judgment it seems best, issue negotiable bonds (1) not to exceed the amount of the total tax levy certified to the county clerk or clerks as provided by law, (2) in denominations of not less than one hundred dollars, (3) bearing interest payable semiannually, (4) to mature at annual intervals in not to exceed twenty years, and (5) with both principal and interest payable at the office of the county treasurer of the county in which the drainage district was organized, or at some convenient banking house or trust company office to be named in the bonds. The bonds and interest coupons shall be executed in the name of the district, and shall be signed by the chairman of the board of supervisors, attested with the seal of the drainage district and by the signature of the secretary of the board. Such bonds shall be made to run for not more than twenty years, and in case they are made to mature at different times within such period, the assessment shall be divided into as many installments as there are different dates of maturity. The installments shall be numbered consecutively as issued, and bear date at the time of their issue.Source   Laws 1905, c. 161, § 20, p. 625;   Laws 1907, c. 152, § 4, p. 470;   Laws 1909, c. 147, § 10, p. 520;   R.S.1913, § 1831;   C.S.1922, § 1778;   C.S.1929, § 31-435;   R.S.1943, § 31-336;   Laws 1947, c. 15, § 15, p. 91;   Laws 1969, c. 51, § 89, p. 330.
NE Code § 31-337 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-337 - Bonds; maturity; recitals.

31-337.  Bonds; maturity; recitals.The maturity of all bonds shall be fixed on July 1 of the year in which they mature and shall contain a recital that the same were issued in accordance with the provisions of sections 31-336 to 31-348, and that they are to be paid out of a sinking fund to be created as provided in section 31-351.Source   Laws 1905, c. 161, § 20, p. 626;   Laws 1907, c. 152, § 4, p. 471;   Laws 1909, c. 147, § 10, p. 521;   R.S.1913, § 1832;   C.S.1922, § 1779;   C.S.1929, § 31-436;   R.S.1943, § 31-337.
NE Code § 31-338 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-338 - Bonds; issuance; resolution required; payment; record; contents.

31-338.  Bonds; issuance; resolution required; payment; record; contents.Before issuing any bonds under the provisions of sections 31-336 to 31-348, the board of supervisors of the district shall by resolution duly engrossed in the minutes of a meeting to be specially held for that purpose, order and direct the issue thereof, specifying their number, amount, rate of interest, date of maturity, and place of payment. Such minutes shall be engrossed on the record of the board of supervisors, which minutes and the record of bonds shall at all times be open to the inspection of all parties interested in the district, either as taxpayers or bondholders. Upon the payment of any bond, an entry shall be made in the records accordingly.Source   Laws 1905, c. 161, § 20, p. 626;   Laws 1907, c. 152, § 4, p. 71;   Laws 1909, c. 147, § 10, p. 521;   R.S.1913, § 1833;   C.S.1922, § 1780;   C.S.1929, § 31-437;   R.S.1943, § 31-338.
NE Code § 31-339 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-339 - Bonds; sale; from what funds payable.

31-339.  Bonds; sale; from what funds payable.The bonds shall not be sold for less than par with accrued interest, shall show on their face the purpose for which they are issued, and shall be payable out of money derived from the drainage assessments or taxes.Source   Laws 1907, c. 152, § 4, p. 471;   Laws 1909, c. 147, § 10, p. 522;   R.S.1913, § 1834;   C.S.1922, § 1781;   C.S.1929, § 31-438;   R.S.1943, § 31-339.
NE Code § 31-340 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-340 - Bonds and interest; annual tax levy to pay at maturity.

31-340.  Bonds and interest; annual tax levy to pay at maturity.It shall be the duty of the board of supervisors in making the annual tax levy as provided in section 31-333, to take into account the maturing bonds and interest on all bonds, and make ample provisions in advance for the payment thereof.Source   Laws 1907, c. 152, § 4, p. 472;   Laws 1909, c. 147, § 10, p. 522;   R.S.1913, § 1835;   C.S.1922, § 1782;   C.S.1929, § 31-439;   R.S.1943, § 31-340.
NE Code § 31-342 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-342 - Bonds; issuance; delivery of certified transcript.

31-342.  Bonds; issuance; delivery of certified transcript.The secretary of the board of supervisors of the drainage district in which bonds are issued shall furnish a duly certified transcript to the holder of any such bond on demand.Source   Laws 1909, c. 147, § 10, p. 522;   R.S.1913, § 1837;   C.S.1922, § 1784;   C.S.1929, § 31-441;   R.S.1943, § 31-342;  Laws 2001, LB 420, § 24.