reglab/housing_qa huggingface dataset:
NE Code § 31-401 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-401 - Drainage district organized by vote of landowners; when formed.

31-401.  Drainage district organized by vote of landowners; when formed.Whenever it will be conducive to the public health, convenience or welfare, to drain any wet land, to drain any land subject to overflow by water, or any land which will be improved by drainage, to build or construct any dike or levee to prevent overflow by water, to construct, straighten, widen, deepen or alter any ditch, drain, stream or watercourse, to riprap or otherwise protect the bank of any stream or ditch, to construct, enlarge, extend, improve or maintain any system of drainage, to construct, enlarge, extend, improve or maintain any system of control of surface water or running water, or to do any two or more of said things jointly, then a drainage district may be formed and may proceed, as hereinafter provided, for the purpose of inaugurating, constructing, controlling and maintaining said work or works of public improvement.Source   Laws 1907, c. 153, § 1, p. 474;   R.S.1913, § 1866;   C.S.1922, § 1813;   C.S.1929, § 31-501;   R.S.1943, § 31-401. Annotations  District has no duty to maintain and keep in repair its works unless plans and specifications so provide. McGree v. Stanton-Pilger Drainage Dist., 164 Neb. 552, 82 N.W.2d 798 (1957). Legal existence of drainage district may be litigated in proceedings for assessment of benefits. Prucka v. Eastern Sarpy Drainage Dist., 157 Neb. 284, 59 N.W.2d 761 (1953). Plans must be in accordance with this section, but an estimate of cost of work is not required. Chicago & N. W. Ry. Co. v. Payne Creek Drainage Dist., 148 Neb. 139, 26 N.W.2d 607 (1947). A drainage district has a special right to have its drainage channel kept free from obstruction or interference. Drainage District No. 1 v. Suburban Irr. Dist., 139 Neb. 333, 297 N.W. 645 (1941). A drainage district organized under this article is liable for damages caused by the negligent construction of its works. Compton v. Elkhorn Valley Drainage District, 120 Neb. 94, 231 N.W. 685 (1930). Damming of drainage channel to detriment of drainage district may be enjoined. Flader v. Central Realty & Investment Co., 114 Neb. 161, 206 N.W. 965 (1925). Drainage district is liable for damages caused by its negligence in the construction of its works, and action accrues when damage occurs. Bunting v. Oak Creek Drainage District, 99 Neb. 843, 157 N.W. 1028 (1916). Constitutionality of act sustained, and general construction of act outlined. White v. Papillion Drainage District, 96 Neb. 241, 147 N.W. 218 (1914). Act is constitutional. O'Brien v. Schneider, 88 Neb. 479, 129 N.W. 1002 (1911); State ex rel. Harris v. Hanson, 80 Neb. 724, 115 N.W. 294 (1908).
NE Code § 31-401.01 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-401.01 - Drainage district formation; prohibited after June 30, 1972.

31-401.01.  Drainage district formation; prohibited after June 30, 1972.After June 30, 1972, no new drainage districts shall be organized under the provisions of sections 31-401 to 31-450. Attempted formations of drainage districts under sections 31-401 to 31-450 which have not been completed before July 1, 1972, shall be null, void and of no effect for the purpose of organizing such district. All drainage districts having valid corporate existence before July 1, 1972, shall enjoy all rights, duties, powers and authorities conferred by sections 31-401 to 31-450 and shall not be affected by this section, nor shall the legality of formation, organization, or operation of any such district be subject to any legal action based on this section.Source   Laws 1969, c. 9, § 62, p. 135;   Laws 1971, LB 544, § 8.
NE Code § 31-402 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-402 - Formation; petition; contents.

31-402.  Formation; petition; contents.When the district proposed contains real estate owned by less than twenty persons or corporations, one-fourth of said number shall be sufficient to petition for the formation of such district. When there are more than twenty such owners, ten or more owners of real estate therein may sign a petition for the formation of such district, and file said petition with the county clerk of the county having the largest body of land within the proposed district. The petition shall suggest the boundaries of the district, the number of directors that the district shall have if formed, and the amount of bond each shall give.Source   Laws 1907, c. 153, § 2, p. 474;   R.S.1913, § 1867;   C.S.1922, § 1814;   C.S.1929, § 31-502;   R.S.1943, § 31-402. Annotations  Number of signers is not required to be designated in the petition. Chicago & N. W. Ry. Co. v. Payne Creek Drainage Dist., 148 Neb. 139, 26 N.W.2d 607 (1947). Description in petition for formation of public highways of county named is sufficient. Scottsbluff Drainage District v. Scotts Bluff County, 113 Neb. 187, 202 N.W. 455 (1925). Petition sustained as sufficient against collateral attack. O'Brien v. Schneider, 88 Neb. 479, 129 N.W. 1002 (1911). Districts may cover portions of two counties and may overlap. State ex rel. Sheffer v. Fuller, 83 Neb. 784, 120 N.W. 495 (1909).
NE Code § 31-403 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-403 - Formation; bond for expenses.

31-403.  Formation; bond for expenses.At the time of filing the petition the petitioners shall also file a bond, with surety or sureties to be approved by the county clerk, which bond shall run to the county and be conditioned to pay all expenses of the county by reason of such proceedings in case the district be not formed.Source   Laws 1907, c. 153, § 3, p. 475;   R.S.1913, § 1868;   C.S.1922, § 1815;   C.S.1929, § 31-503;   R.S.1943, § 31-403. Annotations  Bond signed by surety who was also a petitioner was sufficient. Prucka v. Eastern Sarpy Drainage Dist., 157 Neb. 284, 59 N.W.2d 761 (1953). Bond is valid, though conditioned to become void if the district be organized, or if petitioners pay costs. O'Brien v. Schneider, 88 Neb. 479, 129 N.W. 1002 (1911).
NE Code § 31-404 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-404 - Formation; boundaries of district; hearings; directors; number; bond.

31-404.  Formation; boundaries of district; hearings; directors; number; bond.Thereupon the county board of such county shall take to its assistance the county surveyor of the county and shall determine whether or not the boundaries of the proposed district are reasonable and proper, and if the board finds that the boundary line of the district should be changed, it shall change the same and fix the boundary line where the same, in the judgment of the board, should be fixed with a view to promoting the interest of the drainage district, if formed, and with a view to doing justice and equity to all persons. Anyone asking shall be given a hearing as to the boundary. The board shall also determine the number of directors that the district shall have, if formed, and the amount of the bond to be given by each, and shall make a record of its action.Source   Laws 1907, c. 153, § 4, p. 475;   R.S.1913, § 1869;   C.S.1922, § 1816;   C.S.1929, § 31-504;   R.S.1943, § 31-404. Annotations  Board is required to determine that boundaries of district are reasonable and proper. Chicago & N. W. Ry. Co. v. Payne Creek Drainage Dist., 148 Neb. 139, 26 N.W.2d 607 (1947). Fact that all of petitioners did not sign bond is immaterial. O'Brien v. Schneider, 88 Neb. 479, 129 N.W. 1002 (1911). County commissioners at any time before the rights of third parties have accrued may alter boundaries, but must give notice and describe boundaries. State ex rel. Sheffer v. Fuller, 83 Neb. 784, 120 N.W. 495 (1909). In fixing boundaries, the board is required to determine the same with a view to promoting the interest of the district, and justice and equity to all persons. State ex rel. Harris v. Hanson, 80 Neb. 724, 115 N.W. 294 (1908).
NE Code § 31-405 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-405 - Formation; notice of election; publication; contents; posting.

31-405.  Formation; notice of election; publication; contents; posting.Thereupon the county clerk shall publish one notice once each week for three weeks in a newspaper published in the proposed district, and if the district embraces land in more than one county, then said notice shall be published in a legal newspaper published in the proposed district in each county. If no legal newspaper is published in the proposed district then the notice shall be published in a legal newspaper published in each of the counties having land within the proposed district. The notice shall state the filing of the petition; that it is filed under the provisions of sections 31-401 to 31-450, giving the title thereof in full; the boundaries of the proposed district as fixed by the county board; that an election will be held at a certain place in the proposed district, which place shall be named in said notice, between the hours of 8 a.m. and 6 p.m., on a day named therein; that at said election the question of the formation of the proposed district shall be determined, and a board of directors elected, giving the number of such board, such board to take office contingently on the formation of the district; Provided, that if there is no newspaper published within the district or within the county, the county clerk shall prepare a copy of such notice, and cause it to be posted in three conspicuous and suitable places in the district.Source   Laws 1907, c. 153, § 5, p. 475;   R.S.1913, § 1870;   C.S.1922, § 1817;   Laws 1925, c. 87, § 1, p. 265;   C.S.1929, § 31-505;   R.S.1943, § 31-405. Annotations  Notice of formation of district was properly published. Prucka v. Eastern Sarpy Drainage Dist., 157 Neb. 284, 59 N.W.2d 761 (1953). Where notice sets forth boundaries in detail as described in petition for organization of district, it is sufficient to meet requirements of this section as setting forth description. Chicago & N. W. Ry. Co. v. Payne Creek Drainage Dist., 148 Neb. 139, 26 N.W.2d 607 (1947). Notice should be given of change of boundaries. State ex rel. Sheffer v. Fuller, 83 Neb. 784, 120 N.W. 495 (1909). First publication may be less than three weeks before election. State ex rel. Harris v. Hanson, 80 Neb. 724, 115 N.W. 294 (1908).
NE Code § 31-406 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-406 - Formation; election; form of ballot.

31-406.  Formation; election; form of ballot.Such election shall be by ballot which shall be signed by the voter, and shall have thereon a list of the land and lots which the voter claims the right to vote. The ballot shall be in the following form, and ballots at annual elections shall be in similar form. List of Property on Which Vote is Based.      Number of    Section Town or Range or Acres or   Description or Lot Block City Lots   ............ ........ ........ ........ ........   ............ ........ ........ ........ ........   ............ ........ ........ ........ ........  Total number of votes claimed on same .............. Nature of title to or interest in above ............ For formation of district ..........................     ........ Yes      ........ No      Vote for ..............    For board of directors if proposed Number of   district is formed. Votes   ........................................ ............   ........................................ ............   ........................................ ............   ........................................ ............   ........................................ ............   ........................................ ............  ..................................... Signature of Voter Source   Laws 1907, c. 153, § 6, p. 476;   R.S.1913, § 1871;   C.S.1922, § 1818;   C.S.1929, § 31-506;   R.S.1943, § 31-406. Annotations Mere fact that voter writes on the ballot the nature of the instrument by which he acquired title does not invalidate the ballot. Chicago & N. W. Ry. Co. v. Payne Creek Drainage Dist., 148 Neb. 139, 26 N.W.2d 607 (1947).
NE Code § 31-407 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-407 - Formation; election; eligibility to vote; manner of voting; canvassing board.

31-407.  Formation; election; eligibility to vote; manner of voting; canvassing board.At all the elections the county clerk, or the county clerk of the county in which the greater portion of the land in such district is situated, and such assistants as he shall choose, shall constitute the election board and the canvassing board. Any person may cast one vote on each proposition to be voted on for each acre of land or fraction thereof, and for each platted lot which he may own or have an easement in, as shown by the official records of the county where the land or lots may be. Any corporation, public, private or municipal, owning or having an easement in any land or lot, may vote at such election, the same as an individual may. The executor, administrator, guardian or trustee of any person or estate interested shall have the same right to vote. Should two or more persons or officials claim the right to vote on the same tract, the election board shall determine the party entitled to vote, and shall have the power to reject any ballot not cast by a person authorized to vote the same, which rejection may be made at the time such ballot is offered, or at the time of the canvass of the election. The board shall have the right to refer to the official records of the counties where the real estate may be, for information as to who are entitled to vote. The board shall sign a statement giving the result of the election, and the same shall be recorded in the office of the county clerk. At all elections following the election by which the district is organized, each voter shall have one vote for each unit of benefit then apportioned against the land owned by the voter.Source   Laws 1907, c. 153, § 7, p. 477;   R.S.1913, § 1872;   C.S.1922, § 1819;   Laws 1925, c. 87, § 2, p. 266;   C.S.1929, § 31-507;   R.S.1943, § 31-407;   Laws 1951, c. 96, § 1, p. 265.  Annotations  When canvassing board certifies a true and correct exhibit of votes cast for formation of drainage district, naming the place of election and the date thereof, and the ballots are on file in county clerk's office, there is a sufficient compliance with this section. Chicago & N. W. Ry. Co. v. Payne Creek Drainage Dist., 148 Neb. 139, 26 N.W.2d 607 (1947). Corporation having an easement in district may vote. State ex rel Gantz v. Drainage District No. 1 of Merrick County, 100 Neb. 625, 160 N.W. 997 (1916). In determining whether a district is organized, any person may cast one vote for each acre of land and each platted lot, which he may own or have an easement in. Bunting v. Oak Creek Drainage District, 99 Neb. 843, 157 N.W. 1028 (1916). Permitting corporations and nonresidents, etc., to vote is constitutional. State ex rel. Harris v. Hanson, 80 Neb. 738, 117 N.W. 412 (1908).
NE Code § 31-408 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-408 - Formation; election; affirmative vote; effect; preservation of records; transcript; filing.

31-408.  Formation; election; affirmative vote; effect; preservation of records; transcript; filing.If a majority of the votes cast at the election shall be in favor of the formation of the district it shall be conclusive that the formation of the district, and the work that may be done under the supervision of the board of directors, will be for the public health, convenience and welfare. The county clerk shall thereupon file and preserve in his office all of the ballots, and record in his office all other records and proceedings in the matter, and the district shall thereupon be fully organized. If the district is in more than one county, the county clerk of the county in which the greater portion of the land in such district is situated, shall thereupon make a certified transcript of all record proceedings, and the board of directors of such district shall cause the transcript to be recorded in the office of the county clerk of each other county having land in the district.Source   Laws 1907, c. 153, § 8, p. 478;   R.S.1913, § 1873;   C.S.1922, § 1820;   Laws 1925, c. 87, § 3, p. 266;   C.S.1929, § 31-508;   R.S.1943, § 31-408.
NE Code § 31-409 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-409 - Directors; qualification; officers; annual election; vacancies; term.

31-409.  Directors; qualification; officers; annual election; vacancies; term.A majority of the directors shall be residents of the county or counties in which the district is located. Except as provided in section 31-409.03, any person or the officer or representative of any corporation owning or controlling any land assessed for benefits may be a director. The person elected a director receiving the least number of votes shall hold office for one year, the next higher for two years, and so on, and the term of each shall be adjusted so as to make the term of one director expire each year. The officers, consisting of a president, a treasurer, and a secretary, shall be chosen by the directors from their own number and for a term of one year. Unless the directors choose by February fifteenth of a given year to use the procedures provided in section 31-409.01, annual elections of directors shall be held on the second Tuesday of April each year, at the county courthouse or at such other place designated by the board pursuant to section 31-409.03. The annual election shall be omitted if such date occurs less than nine months after the first election. Vacancies in the office of directors may be filled by the remaining directors until the next election. All directors and officers shall hold office until their successors are elected and qualified.Source   Laws 1907, c. 153, § 9, p. 478;   R.S.1913, § 1874;   Laws 1921, c. 275, § 1, p. 905;   C.S.1922, § 1821;   C.S.1929, § 31-509;   R.S.1943, § 31-409;   Laws 1951, c. 96, § 2, p. 265;   Laws 1983, LB 191, § 1;   Laws 1988, LB 1078, § 1;  Laws 2011, LB342, § 1. Annotations Remaining duly elected and qualified directors may fill vacancy by appointment of director who fails to qualify. Chicago & N. W. Ry. Co. v. Payne Creek Drainage Dist., 148 Neb. 139, 26 N.W.2d 607 (1947).
NE Code § 31-409.01 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-409.01 - Election by mail; procedure.

31-409.01.  Election by mail; procedure.The directors may choose to hold the annual election required by section 31-409 by sealed mail ballot in accordance with this section. If the option authorized by this section is not exercised by February fifteenth of a given year, the procedure provided by section 31-409 shall be followed.The secretary of the board shall, at least fifteen days prior to the election, mail to the last-known post office address of each person entitled to vote, a ballot which shall list the names and addresses of the candidates, allow room for write-in votes, and give instructions on how to vote and return the ballot.Source  Laws 1983, LB 191, § 2.
NE Code § 31-409.02 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-409.02 - Annual election; notice; contents.

31-409.02.  Annual election; notice; contents.Notice of an annual election held pursuant to section 31-409, 31-409.01, or 31-409.03 shall be published once each week for two consecutive weeks in a newspaper of general circulation in the district, or the precinct if the district has been divided into voting precincts as provided in section 31-409.03, designated by the district. The last publication shall not be less than thirty days prior to the election. The notice shall include the date and location or locations of the election and the hours for voting, the number of directors to be elected, the names of those whose terms will expire, and the procedure for filing as a candidate.Source   Laws 1983, LB 191, § 3;   Laws 1988, LB 1078, § 2;  Laws 2011, LB342, § 2.
NE Code § 31-409.03 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-409.03 - Voting precincts; authorized; directors; how elected.

31-409.03.  Voting precincts; authorized; directors; how elected.(1) The board of directors may divide the district into two or more voting precincts for the purpose of electing directors of the district. The precincts shall be established to include, as nearly as possible, equal acreage if the district levies taxes based on valuation or equal units of benefit if the district taxes on the basis of apportionment of benefits. Upon completion of the division the board shall prepare a subdivision plat and file the plat with the county clerk of each county containing affected land. The board shall provide for the phasing in of precinct voting for all elections subsequent to the decision to subdivide the district beginning with the first such election. After the board has divided the district pursuant to this subsection, the board shall not divide the district again or change the divisions until precinct voting is completely phased in and an election has been held for the directors to be elected in each precinct.(2) When a district has been divided into two or more voting precincts, an equal number of directors shall be elected in each precinct and the remaining directors, if any, shall be elected at large. Each director elected by precinct shall own land assessed for benefits in the precinct from which he or she is elected. Precinct elections shall be held at a location within the precinct designated by the board or as provided in section 31-409.01.Source   Laws 1988, LB 1078, § 3;   Laws 1990, LB 81, § 2.
NE Code § 31-410 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-410 - Directors; bond; conditions; recording.

31-410.  Directors; bond; conditions; recording.Each member of the board of directors shall give bond in such amount as shall have been fixed by the county board of the county, conditioned to faithfully perform the duties of a director, and of such further office as he may be elected to, and to account for all funds or property coming into his hands. All of such bonds shall run to the district, shall be signed by a surety or sureties to be approved by the county clerk, and shall be filed and recorded in his office. When so filed such person so elected shall take and hold office until his successor is elected and qualified.Source   Laws 1907, c. 153, § 10, p. 478;   R.S.1913, § 1875;   C.S.1922, § 1822;   C.S.1929, § 31-510;   R.S.1943, § 31-410. Annotations Where bond is filed, director is to be considered as public officer. Prucka v. Eastern Sarpy Drainage Dist., 157 Neb. 284, 59 N.W.2d 761 (1953).
NE Code § 31-410.01 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-410.01 - Board of directors; plans; notice; hearing.

31-410.01.  Board of directors; plans; notice; hearing.The board of directors, having first, with the aid of such engineer, surveyor, and other assistants as it may have chosen, made detailed plans of the public works to be done in accordance with section 31-401, shall cause a notice to be inserted at least once in a newspaper of general circulation in the district stating the time and place where the directors shall meet for the purpose of conducting a public hearing on the proposed public works and the method of financing such works. All parties interested in the proposed public works may appear at such public hearing in person or by counsel or may file written objections thereto. The directors shall then proceed to hear and consider the same and determine whether to adopt the public works in accordance with the detailed plans presented at such hearing and whether to finance such works by benefits accruing to the several tracts of land within the district or by a tax levy upon the taxable value of the taxable property in the district. The hearing may be continued from time to time upon notice given by publication at least once in a newspaper of general circulation in the district stating the time and place of such continuance.Source   Laws 1969, c. 245, § 1, p. 896;   Laws 1979, LB 187, § 129;   Laws 1984, LB 897, § 1;   Laws 1992, LB 1063, § 25;   Laws 1992, Second Spec. Sess., LB 1, § 25.