reglab/housing_qa huggingface dataset:
NE Code § 30-4633 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4633 - Creditor claim: General power not created by powerholder.

30-4633.  Creditor claim: General power not created by powerholder.(a) Except as otherwise provided in subsection (b) of this section, appointive property subject to a general power of appointment created by a person other than the powerholder is subject to a claim of a creditor of:(1) the powerholder, to the extent the powerholder's property is insufficient, if the power is presently exercisable; and(2) the powerholder's estate, to the extent the estate is insufficient, subject to the right of a decedent to direct the source from which liabilities are paid.(b) Subject to subsection (c) of section 30-4635, a power of appointment created by a person other than the powerholder which is subject to an ascertainable standard relating to an individual's health, education, support, or maintenance within the meaning of 26 U.S.C. 2041(b)(1)(A) or 26 U.S.C. 2514(c)(1), as such sections existed on January 1, 2021, is treated for purposes of the Uniform Powers of Appointment Act as a nongeneral power.Source  Laws 2021, LB501, § 56.   Effective Date: August 28, 2021
NE Code § 30-4634 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4634 - Power to withdraw.

30-4634.  Power to withdraw.(a) For purposes of the Uniform Powers of Appointment Act, and except as otherwise provided in subsection (b) of this section, a power to withdraw property from a trust is treated, during the time the power may be exercised, as a presently exercisable general power of appointment to the extent of the property subject to the power to withdraw.(b) On the lapse, release, or waiver of a power to withdraw property from a trust, the power is treated as a presently exercisable general power of appointment only to the extent the value of the property affected by the lapse, release, or waiver exceeds the greater of the amount specified in 26 U.S.C. 2041(b)(2) and 26 U.S.C. 2514(e) or the amount specified in 26 U.S.C. 2503(b), as such sections existed on January 1, 2021.Source  Laws 2021, LB501, § 57.   Effective Date: August 28, 2021
NE Code § 30-4635 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4635 - Creditor claim: Nongeneral power.

30-4635.  Creditor claim: Nongeneral power.(a) Except as otherwise provided in subsections (b) and (c) of this section, appointive property subject to a nongeneral power of appointment is exempt from a claim of a creditor of the powerholder or the powerholder's estate.(b) Appointive property subject to a nongeneral power of appointment is subject to a claim of a creditor of the powerholder or the powerholder's estate to the extent that the powerholder owned the property and, reserving the nongeneral power, transferred the property in violation of the Uniform Voidable Transactions Act.(c) If the initial gift in default of appointment is to the powerholder or the powerholder's estate, a nongeneral power of appointment is treated for purposes of the Uniform Powers of Appointment Act as a general power.Source  Laws 2021, LB501, § 58.   Effective Date: August 28, 2021  Cross References  Uniform Voidable Transactions Act, see section 36-801.
NE Code § 30-4636 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4636 - Uniformity of application and construction.

30-4636.  Uniformity of application and construction.In applying and construing the Uniform Powers of Appointment Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.Source  Laws 2021, LB501, § 59.   Effective Date: August 28, 2021
NE Code § 30-4637 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4637 - Relation to Electronic Signatures in Global and National Commerce Act.

30-4637.  Relation to Electronic Signatures in Global and National Commerce Act.The Uniform Powers of Appointment Act modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. 7003(b).Source  Laws 2021, LB501, § 60.   Effective Date: August 28, 2021
NE Code § 30-4638 (2021)
2021 Nebraska Revised Statutes|Chapter 30 - Decedents' Estates; Protection of Persons and Property|30-4638 - Application to existing relationships.

30-4638.  Application to existing relationships.(a) Except as otherwise provided in the Uniform Powers of Appointment Act, on and after August 28, 2021:(1) the Uniform Powers of Appointment Act applies to a power of appointment created before, on, or after August 28, 2021;(2) the Uniform Powers of Appointment Act applies to a judicial proceeding concerning a power of appointment commenced on or after August 28, 2021;(3) the Uniform Powers of Appointment Act applies to a judicial proceeding concerning a power of appointment commenced before August 28, 2021, unless the court finds that application of a particular provision of the Uniform Powers of Appointment Act would interfere substantially with the effective conduct of the judicial proceeding or prejudice a right of a party, in which case the particular provision of the Uniform Powers of Appointment Act does not apply and the superseded law applies;(4) a rule of construction or presumption provided in the Uniform Powers of Appointment Act applies to an instrument executed before August 28, 2021, unless there is a clear indication of a contrary intent in the terms of the instrument; and(5) except as otherwise provided in subdivisions (1) through (4) of this subsection, an action done before August 28, 2021, is not affected by the Uniform Powers of Appointment Act.(b) If a right is acquired, extinguished, or barred on the expiration of a prescribed period that commenced under law of this state other than the Uniform Powers of Appointment Act before August 28, 2021, the law continues to apply to the right.Source  Laws 2021, LB501, § 61.   Effective Date: August 28, 2021
NE Code § 31-101 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-101 - Ditches; drains; watercourses; county board; powers.

31-101.  Ditches; drains; watercourses; county board; powers.The county board of any county may, at any regular or special session, cause to be located and constructed, straightened, widened, altered, or deepened, any ditch, drain or watercourse, as hereinafter provided, when the same is necessary to drain any lots, lands, public or corporate road, or railroad, and will be conducive to the public health, convenience or welfare.Source   Laws 1881, c. 51, § 1, p. 236;   Laws 1911, c. 140, § 1, p. 453;   R.S.1913, § 1718;   C.S.1922, § 1665;   C.S.1929, § 31-101;   R.S.1943, § 31-101. Annotations  1. Powers of county and county officers 2. Procedure 3. Miscellaneous 1. Powers of county and county officers Void special assessment may be recovered from county. McClary v. County of Dodge, 176 Neb. 627, 126 N.W.2d 849 (1964). County surveyor laying out drainage ditches and county commissioners in executing drainage contract under this article do not act as agents of the county, and there is no statutory provision making county liable for their neglect. Thompson v. Colfax County, 106 Neb. 351, 183 N.W. 571 (1921). County board has authority to employ an engineer to survey and report upon location of drainage ditch. Holmvig v. Dakota County, 90 Neb. 576, 134 N.W. 166 (1912). Before the amendment of 1911, county had no power to drain overflow lands. Campbell v. Youngson, 80 Neb. 322, 114 N.W. 415 (1907). 2. Procedure Mode of procedure outlined in this article must be strictly followed. Shanahan v. Johnson, 170 Neb. 399, 102 N.W.2d 858 (1960). Injunction lies to prevent construction of ditch under this article which floods lower riparian owners, until notice of time for hearing on damages is fixed. Costello v. Colfax County, 112 Neb. 40, 198 N.W. 357 (1924). One whose land is traversed by a drainage ditch is entitled to recover the value of the land actually taken, together with any special damages to the remainder of the land caused by the construction of the improvement. Gutschow v. Washington County, 81 Neb. 275, 116 N.W. 46 (1908). Chapter is constitutional, and provides due process of law. Morris v. Washington County, 72 Neb. 174, 100 N.W. 144 (1904); Dodge County v. Acom, 61 Neb. 376, 85 N.W. 292 (1901). Mandamus will not lie to compel board to proceed, unless relator shows special interest. Van Horn v. State ex rel. Allen, 51 Neb. 232, 70 N.W. 941 (1897). 3. Miscellaneous Original drain involved was constructed under this article. Harms v. County Board of Supervisors, 173 Neb. 687, 114 N.W.2d 713 (1962). This act was not amended by sanitary district act. Whedon v. Wells, 95 Neb. 517, 145 N.W. 1007 (1914).
NE Code § 31-101.01 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-101.01 - Drainage ditches and improvements; construction under prior law; treatment.

31-101.01.  Drainage ditches and improvements; construction under prior law; treatment.After June 30, 1972, no drainage ditches or other improvements shall be initiated under the provisions of sections 31-101 to 31-134. All drainage ditches or other improvements which have been approved as provided for by section 31-107 before July 1, 1972, shall not be affected by this section, and the legality of any such ditch or other improvement shall not be subject to any legal action based upon this section. Attempted initiations of drainage ditches or improvements under sections 31-101 to 31-134 which have not been completed before July 1, 1972, shall be null, void and of no effect.Source   Laws 1969, c. 9, § 60, p. 134;   Laws 1971, LB 544, § 6.
NE Code § 31-102 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-102 - Ditch, defined; petition, how construed; requirements.

31-102.  Ditch, defined; petition, how construed; requirements.The word ditch, as used in sections 31-101 to 31-138, shall be held to include a drain or watercourse. The petition for any such improvement shall be held to include any side lateral, spur or branch ditch, drain or watercourse necessary to secure the object of the improvement, whether the same is mentioned therein or not; but no improvement shall be located unless a sufficient outlet is provided.Source   Laws 1881, c. 51, § 2, p. 236;   Laws 1911, c. 140, § 2, p. 453;   R.S.1913, § 1719;   C.S.1922, § 1666;   C.S.1929, § 31-102;   R.S.1943, § 31-102. Annotations Lateral does not qualify words following. Omaha & N.P.R. Co. v. Sarpy County, 82 Neb. 140, 117 N.W. 116 (1908).
NE Code § 31-103 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-103 - Drainage improvements; costs and expenses; apportioned to county or railroad; when.

31-103.  Drainage improvements; costs and expenses; apportioned to county or railroad; when.When the proposed improvement will drain the whole, or any part of any public or corporate road or railroad, or will so benefit any such road that the traveled track or roadbed thereof will be improved by its construction, there shall be apportioned to the county, if the road is a state or county road, or to the corporation, if a corporate road or railroad, a proper share of the costs and expenses thereof, as hereinafter provided.Source   Laws 1881, c. 51, § 3, p. 236;   Laws 1911, c. 140, § 3, p. 454;   R.S.1913, § 1720;   C.S.1922, § 1667;   C.S.1929, § 31-103;   R.S.1943, § 31-103.
NE Code § 31-104 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-104 - Drainage improvements; petition for construction.

31-104.  Drainage improvements; petition for construction.A petition for any such improvements shall be made to the county board, signed by one or more owners of lots and lands which shall be benefited thereby, which petition shall be filed with the county clerk, shall set forth the necessity of the proposed improvement and describe the route and termini thereof with reasonable certainty, and shall be accompanied by a good and sufficient bond signed by two or more sureties, to be approved by the county clerk, conditioned for the payment of all costs that may accrue in case the county board shall find against such improvement.Source   Laws 1881, c. 51, § 4, p. 237;   Laws 1911, c. 140, § 4, p. 454;   R.S.1913, § 1721;   C.S.1922, § 1668;   C.S.1929, § 31-104;   R.S.1943, § 31-104. Annotations  Petition, stating ditch will drain lands owned by petitioners, is sufficient allegation of ownership. Seng v. Payne, 87 Neb. 812, 128 N.W. 625 (1910). Petitioners are not liable for expenses of engineer after board finds for improvement. State ex rel. Sullivan v. Ross, 82 Neb. 414, 118 N.W. 85 (1908). Description in petition was sufficient. Dodge County v. Acom, 61 Neb. 376, 85 N.W. 292 (1901). Bond is jurisdictional; common law bond is sufficient. Casey v. Burt County, 59 Neb. 624, 81 N.W. 851 (1900). If board has jurisdiction, irregularities in proceedings will not render assessment void. Darst v. Griffin, 31 Neb. 668, 48 N.W. 819 (1891). Failure to make finding that petitioners are freeholders is not fatal. Objector must proceed promptly. County of Dakota v. Cheney, 22 Neb. 437, 35 N.W. 211 (1887).
NE Code § 31-105 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-105 - Drainage improvements; survey; approval of county board.

31-105.  Drainage improvements; survey; approval of county board.The county clerk shall deliver a copy of the petition to the county board at its next meeting, which shall thereupon take to its assistance a competent surveyor or engineer, if in the opinion of the board his services are necessary, and at once proceed to view the line of the proposed improvement. The board shall determine by actual view of the premises along and in the vicinity thereof, whether the improvement is necessary, or will be conducive to the public health, convenience or welfare, and whether the line described is the best route. The board shall report its finding in writing, and order the clerk to enter the same on its journal.Source   Laws 1881, c. 51, § 5, p. 237;   Laws 1911, c. 140, § 5, p. 454;   R.S.1913, § 1722;   C.S.1922, § 1669;   C.S.1929, § 31-105;   R.S.1943, § 31-105. Annotations  Statutory steps for levying of assessment must be strictly followed. Shanahan v. Johnson, 170 Neb. 399, 102 N.W.2d 858 (1960). Hearing on claim for damage precedes construction of improvement. Costello v. Colfax County, 112 Neb. 40, 198 N.W. 357 (1924). Where an inspection is made by two of three commissioners, a report of findings is sufficient. Seng v. Payne, 87 Neb. 812, 128 N.W. 625 (1910). Board exercises legislative or ministerial function and may rescind order before rights of third parties vest. State ex rel. Sullivan v. Ross, 82 Neb. 414, 118 N.W. 85 (1908). Finding as to necessity of ditch is not reviewable. Dodge County v. Acom, 61 Neb. 376, 85 N.W. 292 (1901). Finding and entry that route is the best route is jurisdictional. State ex rel. Union Pacific Railway Company v. Colfax County, 51 Neb. 28, 70 N.W. 500 (1897).
NE Code § 31-106 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-106 - Drainage improvements; change of proposed route; power of county board.

31-106.  Drainage improvements; change of proposed route; power of county board.If the county board, upon actual view, shall find that the route proposed is not such as to best effect the object sought, it shall change the same and establish the route and determine the dimensions of the proposed improvements; Provided, any change so made shall not in any case exceed one hundred and sixty rods from the route described in the petition.Source   Laws 1881, c. 51, § 6, p. 237;   Laws 1911, c. 140, § 6, p. 455;   R.S.1913, § 1723;   C.S.1922, § 1670;   C.S.1929, § 31-106;   R.S.1943, § 31-106.
NE Code § 31-107 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-107 - Drainage improvements; survey; plat; estimate of work required.

31-107.  Drainage improvements; survey; plat; estimate of work required.If the county board shall find for the improvement, it shall cause to be entered on its journal an order directing the county surveyor, or an engineer, to go upon the line described in the petition, or as changed by the board in accordance with section 31-106; to survey and level the same and set a stake at every hundred feet, numbering downstream; to note the intersection of section lines, road crossings, boundary lines, precinct and county lines; to make a report, profile and plat of the same; and to estimate the number of cubic yards for each working section as hereinafter provided.Source   Laws 1881, c. 51, § 7, p. 238;   Laws 1911, c. 140, § 7, p. 455;   R.S.1913, § 1724;   C.S.1922, § 1671;   C.S.1929, § 31-107;   R.S.1943, § 31-107. Annotations  The county is authorized to employ an engineer, and the county, not petitioners, is liable. Holmvig v. Dakota County, 90 Neb. 576, 134 N.W. 166 (1912); State ex rel. Sullivan v. Ross, 82 Neb. 414, 118 N.W. 85 (1908). Where a survey and plat of engineer is confirmed, it is deemed to be that of board. Dodge County v. Acom, 61 Neb. 376, 85 N.W. 292 (1901).
NE Code § 31-108 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-108 - Drainage improvements; plat; profile; requisites; surveyor's report.

31-108.  Drainage improvements; plat; profile; requisites; surveyor's report.The plat provided for in section 31-107 shall be drawn upon a scale sufficiently large to represent all the meanderings of the proposed improvement, and shall show the boundary lines of each lot or tract of land, and of each road or railroad to be benefited thereby, the name of the owner of each lot or tract of land as it then appears on the tax duplicate, the authority or company having in charge or controlling each public or corporate road or railroad, the distance in feet through each tract or parcel of land, and such other matters as the surveyor or engineer deems material. The profile shall show the surface, the grade line, and the gradient fixed. The surveyor or engineer shall file his report with the county clerk within thirty days after making the survey and level.Source   Laws 1881, c. 51, § 9, p. 238;   Laws 1911, c. 140, § 9, p. 456;   R.S.1913, § 1725;   C.S.1922, § 1672;   C.S.1929, § 31-108;   R.S.1943, § 31-108.
NE Code § 31-109 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-109 - Drainage improvements; schedule of land benefited; apportionment; estimate of cost of construction; specifications.

31-109.  Drainage improvements; schedule of land benefited; apportionment; estimate of cost of construction; specifications.The county board shall also by its order direct the surveyor or engineer to make and return a schedule of all lots, lands, public or corporate roads, or railroads that will be benefited by the proposed improvement, whether the same are abutting upon the line of the proposed improvement or not, an apportionment of a number of lineal feet and cubic yards to each lot, tract of land, road or railroad, according to the benefits which will result to each from the improvement, an estimate of the cost of location and construction to each, and a specification of the manner in which the improvement shall be made and completed.Source   Laws 1881, c. 51, § 8, p. 238;   Laws 1911, c. 140, § 8, p. 455;   R.S.1913, § 1726;   C.S.1922, § 1673;   C.S.1929, § 31-109;   R.S.1943, § 31-109. Annotations  If land is benefited by the improvement it need not abut upon the line of a drainage district to be subject to special assessments. Loup River Public Power Dist. v. Platte County, 141 Neb. 29, 2 N.W.2d 609 (1942). County board through surveyor or engineer shall schedule property benefited and property taken or damaged as well. Costello v. Colfax County, 112 Neb. 40, 198 N.W. 357 (1924).
NE Code § 31-110 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-110 - Drainage improvements; hearing; notice.

31-110.  Drainage improvements; hearing; notice.Upon the filing of the report of the surveyor or engineer, the county clerk shall, without delay, fix a day for the hearing of the same, which shall not be more than forty days from the time of the filing of the report, and shall prepare a notice in writing, directed to the resident lot or land owners, and to the authorities or municipal or private corporations affected by the improvement, setting forth the pendency, substance and prayer of the petition, together with a tabular statement of the apportionment as made by the surveyor or engineer in his report, and shall deliver the same to the sheriff, who shall serve a copy of the same upon each resident lot or land owner, each member of such public board or authority, and upon an officer or agent of such private corporation at least ten days before the time fixed for the hearing; Provided, the copies need contain only so much of the original notice as affects the interests of the persons so served. The county clerk shall in like manner notify each nonresident lot or land owner, or by publication in a newspaper printed and of general circulation in the county, for at least three consecutive weeks before the day set for the hearing, which notice shall be verified in the manner provided by law for the verification of notices by publication.Source   Laws 1881, c. 51, § 10, p. 239;   Laws 1911, c. 140, § 10, p. 456;   R.S.1913, § 1727;   C.S.1922, § 1674;   C.S.1929, § 31-110;   R.S.1943, § 31-110. Annotations Notice is jurisdictional to the owners whose lands are to be taken or damaged as well as to the persons on whose lands the cost is to be apportioned. Costello v. Colfax County, 112 Neb. 40, 198 N.W. 357 (1924).
NE Code § 31-111 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-111 - Drainage improvements; hearing; procedure; order.

31-111.  Drainage improvements; hearing; procedure; order.The county board shall meet at the office of the county clerk on the day fixed for the hearing, and shall first determine whether the requisite notice has been given. If it finds that due notice has not been given, it shall continue the hearing to a day to be fixed by the board, and order the notices to be served as provided in section 31-110. When the board finds that due notice has been given, it shall examine the report of the surveyor or engineer, including the apportionment made by him, and if it is in all respects fair and just, according to benefits, the board shall approve and confirm the same; but if it finds the apportionment to be unfair or unjust, it shall so order, and so amend the apportionment as to make it fair and just according to benefits.Source   Laws 1881, c. 51, § 11, p. 240;   Laws 1911, c. 140, § 11, p. 457;   R.S.1913, § 1728;   C.S.1922, § 1675;   C.S.1929, § 31-111;   R.S.1943, § 31-111. Annotations  Findings cannot be attacked by injunction to avoid assessment. Omaha & N.P.R. Co. v. Sarpy County, 82 Neb. 140, 117 N.W. 116 (1908). Board acts judicially in determining benefits, and on error proceedings to district court, findings have same weight as verdict. Dodge County v. Acom, 72 Neb. 71, 100 N.W. 136 (1904). Jurisdictional steps of board set out and compliance therewith found to exist. Dodge County v. Acom, 61 Neb. 376, 85 N.W. 292 (1901).