reglab/housing_qa huggingface dataset:
NE Code § 31-770 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-770 - Real estate in two districts; detachment from one district; approval.

31-770.  Real estate in two districts; detachment from one district; approval.When any land is a part of two sanitary and improvement districts and the owners of such land desire that it be a part of only one district, such owners shall file their request with the trustees or the administrator of each district. The trustees or the administrator of the districts shall meet jointly and develop an agreement for the detachment of the land from one of the districts and the adjustment of indebtedness. If the trustees or administrators are unable to reach an agreement, they shall file a petition in the district court of the county in which such land is located and the court shall have jurisdiction to detach the land and adjust the indebtedness.Source   Laws 1972, LB 1387, § 3;   Laws 1982, LB 868, § 32.
NE Code § 31-771 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-771 - Appointment of an administrator; petition; conditions.

31-771.  Appointment of an administrator; petition; conditions.A petition may be filed with the district court of the county in which a majority of the real property of a sanitary and improvement district is located for referral of the district to the Auditor of Public Accounts for the appointment of an administrator of the district and suspension of the authority of the board of trustees or other relief as provided by sections 31-772 to 31-780. Such petition may be filed by: (1) A majority of the board of trustees of the district; (2) the holders of more than fifty percent in principal amount of the outstanding bonds of the district; (3) the holders of more than fifty percent in principal amount of outstanding construction fund warrants of the district; (4) a majority of the lessees permitted to vote pursuant to section 31-735 who are residents of the district and resident property owners of the district; (5) the owners of more than one-half of the real property within the district; or (6) a municipality whose boundary adjoins the district and which exercises zoning jurisdiction over the district. A petition filed by a municipality pursuant to subdivision (6) of this section may be filed by such municipality only on grounds that the district has issued outstanding bonds or construction fund warrants which have been in default for more than ninety days or the district lacks a functioning board of trustees.Source  Laws 1982, LB 868, § 33.
NE Code § 31-772 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-772 - Appointment of an administrator; petition; hearing; notice.

31-772.  Appointment of an administrator; petition; hearing; notice.The court shall fix the time for the hearing of the petition pursuant to section 31-771 and shall order the clerk of the court to give and publish a notice of the filing of the petition. The notice shall be given by publication the same day of the week each week for three consecutive weeks. Within five days after the first publication of such notice, the petitioner shall cause to be mailed by United States mail a copy of such notice to each holder of outstanding warrants and bonds, to each member of the board of trustees if the board has not petitioned for the appointment, and to each person whose property ownership is of record on the records of the register of deeds at least thirty days and not more than forty days prior to the mailing of a notice. Notice shall be sent to each bond and warrant holder, trustee, and property owner whose name and post office address are known after diligent investigation and inquiry. The notice shall state the time and place fixed for the hearing of the petition and the prayer of the petition, and that any person with an interest in the district may, on or before the day fixed for the hearing of the petition, move to join in, dismiss, or answer the petition. The petition may be referred to and described in the notice as the petition of ................. (giving name of petitioner) praying for the referral of the sanitary and improvement district to the Auditor of Public Accounts for the appointment of an administrator of the sanitary and improvement district and the suspension of the authority of the board of trustees of such district to exercise the powers granted the board of trustees under sections 31-727 to 31-770 during the period of such administrator's appointment.Source  Laws 1982, LB 868, § 34.
NE Code § 31-773 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-773 - Appointment of an administrator; petition; contents.

31-773.  Appointment of an administrator; petition; contents.The petition shall state that the sanitary and improvement district (1) has been in default for more than ninety days on its issued and outstanding bonds or construction fund warrants of the district, (2) has levied a tax upon the taxable value of the taxable property in the district which, along with the sinking fund derived from special assessments, has not been sufficient to meet payments of interest and principal on the issued and outstanding bonds of the district, (3) has failed to levy special assessments on all lots, parcels, or pieces of real property within the terms provided in section 31-751, or (4) lacks a functioning board of trustees. The petition shall pray for referral of the sanitary and improvement district to the Auditor of Public Accounts for the appointment of an administrator for the district and for an order suspending the authority of the board of trustees of the district to exercise the powers granted to such board pursuant to sections 31-727 to 31-770 during the period of such administrator's appointment or for such other relief as the court may determine appropriate.Source   Laws 1982, LB 868, § 35;   Laws 1992, LB 1063, § 31;   Laws 1992, Second Spec. Sess., LB 1, § 31.
NE Code § 31-774 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-774 - Appointment of an administrator; petition; interested person; rights; procedure applicable.

31-774.  Appointment of an administrator; petition; interested person; rights; procedure applicable.Any person with an interest in the district may join in the petition, move to dismiss the petition, or file an answer to such petition. The provisions of the code of civil procedure respecting motions and answers to a petition shall be applicable to motions and answers to the petition in such special proceedings. The persons filing motions to dismiss and answering the petition shall be the defendants to the special proceedings and the persons filing the petition or joining in the petition shall be the plaintiffs. Every material statement of the petition not specially controverted by the answer shall, for the purpose of the special proceedings, be taken as true. Each person or party in interest failing to answer the petition shall be deemed to admit as true all the material statements of the petition. The rules of pleading and practice provided by the code of civil procedure which are not inconsistent with the provisions of sections 31-727 to 31-770 are applicable to the special proceedings in sections 31-771 to 31-776.Source  Laws 1982, LB 868, § 36. Cross References  Rules of pleading promulgated by Supreme Court, see section 25-801.01.
NE Code § 31-775 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-775 - Court; order; findings; relief granted; costs.

31-775.  Court; order; findings; relief granted; costs.Upon the hearing of the special proceedings pursuant to sections 31-771 to 31-776, the court shall, upon a finding that any of the statements in subdivisions (1) to (4) of section 31-773 are true, that the petition has been properly filed and notice of the petition has been duly given and published for the time and in the manner prescribed in sections 31-771 to 31-780, and that it is in the best interest of the district, have the power and jurisdiction to issue an order which refers the sanitary and improvement district to the Auditor of Public Accounts for appointment by the auditor of an administrator from a list of not less than two names of persons possessing real estate and financial expertise compiled by the court in the proceedings, and which provides for the suspension of the authority of the board of trustees of the district to exercise the powers granted such board under sections 31-727 to 31-770 during the period of such administrator's appointment. In the alternative or as additional relief the court may order such other relief as may be appropriate to cure the defects of the district, including, but not limited to, (1) appointment of trustees to serve until the next regular election, (2) calling a special election to elect trustees which shall be conducted in the same manner as other elections for trustees, and (3) directing the board of trustees to levy taxes or special assessments as required by sections 31-727 to 31-770. The cost of the special proceedings may be allowed and apportioned between the parties in the discretion of the court.Source  Laws 1982, LB 868, § 37.
NE Code § 31-776 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-776 - Auditor of Public Accounts; appoint administrator; file certificate.

31-776.  Auditor of Public Accounts; appoint administrator; file certificate.Upon receipt of the order of the district court referring the sanitary and improvement district to the Auditor of Public Accounts for the appointment of an administrator, the auditor shall appoint an administrator with authority, including all authority of the board of trustees, chairperson, and clerk, to direct the affairs of the district pursuant to sections 31-727 to 31-780 unless the auditor shall determine upon good cause that the appointment of an administrator would not be in the best interests of the district. Within sixty days of receipt of such order of the district court, the auditor shall file with the court a certificate evidencing compliance with this section and if the auditor determines not to appoint an administrator, such certificate shall specify the grounds for the auditor's determination that the appointment would not be in the best interest of the district.Source  Laws 1982, LB 868, § 38.
NE Code § 31-777 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-777 - Board of trustees; power suspended; administrator; assume powers.

31-777.  Board of trustees; power suspended; administrator; assume powers.Upon the issuance of a certificate of appointment by the Auditor of Public Accounts to a designated sanitary and improvement district administrator, the authority of the board of trustees of the district to exercise the powers of the district conferred by sections 31-727 to 31-770 shall be suspended. The administrator shall during the period of his or her appointment possess all of the powers of the board of trustees and shall possess exclusive authority to exercise the powers conferred in sections 31-727, 31-727.02, 31-733, 31-734, 31-737, 31-739, 31-740, 31-741 to 31-748, 31-749 to 31-756, 31-759, and 31-764 to 31-770.Source  Laws 1982, LB 868, § 39.
NE Code § 31-778 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-778 - Board of trustees or administrator; negotiate indebtedness; issue new bonds or warrants; procedure.

31-778.  Board of trustees or administrator; negotiate indebtedness; issue new bonds or warrants; procedure.The board of trustees or the administrator shall have the power to negotiate a scaling, discounting, reduction in interest rate, or any other compromise of any or all of the bonds, warrants, or other indebtedness of the district with the owners or holders of such indebtedness. In order to carry out any compromise agreements made, the board of trustees or the administrator shall have the power to issue new bonds or warrants which may be delivered to the holders or owners of the indebtedness being compromised or may be sold on such terms as the board of trustees or administrator shall determine to provide cash to carry out the compromise settlement. Before any new bonds or warrants are issued, the terms of the compromise settlement and the issuance of such new bonds or warrants shall be approved by the district court for the county in which the district or the greater portion of the district is situated, following the procedure set forth in sections 31-756 to 31-759. Such review by the district court shall be limited to the legality and validity of the new bonds or warrants to be issued and the decree of the district court determining the issuance of the new bonds or warrants to be legal and valid shall be conclusive against the district and all other persons having or claiming any interest in the district. Notwithstanding any other provision of law, the treasurer of the district shall disburse funds of the district in accordance with the compromise settlement approved by the district court.Source  Laws 1982, LB 868, § 40.
NE Code § 31-779 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-779 - Administrator; levy; administration tax; use; administrator; fee; expenses.

31-779.  Administrator; levy; administration tax; use; administrator; fee; expenses.(1) The administrator may levy a separate tax upon the taxable value of the taxable property in the district which shall be known as the administration tax and which shall be separately accounted for by the treasurer of the district. Such tax shall be payable annually in money. Such tax may be used to pay the fees and expenses of the administrator and his or her administration, including the cost of audit services, legal services, and financial advisory services ordered by the administrator.(2) The administrator shall receive a minimum fee of five hundred dollars per month during the term of his or her appointment. The administrator shall also be entitled to reimbursement for his or her actual and necessary expenses upon presentation of an accounting of his or her expenses to the Auditor of Public Accounts. The monthly administrator's fee provided for in this subsection shall be subject to adjustment at any time during the term of the administrator's appointment by the Auditor of Public Accounts. The factors to be considered by the auditor in his or her determination to increase the administrator's fee shall include the nature and extent of the administrator's services, the complexity of the problems confronting the district, and the value of the services of the administrator to the district. The auditor should also consider the cost of obtaining comparable services of the administrator in the private sector.Source   Laws 1982, LB 868, § 41;   Laws 1992, LB 1063, § 32;   Laws 1992, Second Spec. Sess., LB 1, § 32.
NE Code § 31-780 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-780 - Administrator; period of authority; termination.

31-780.  Administrator; period of authority; termination.The administrator shall serve at the pleasure of the Auditor of Public Accounts or until the district court shall terminate the authority of the auditor and the administrator. A petition for review by the court of the original order may be filed by any person with an interest in the district. The court shall have the power to terminate the authority of the Auditor of Public Accounts and the administrator upon its determination that none of the conditions set forth in section 31-773 exist or it is in the best interest of the district that the authority of the administrator be terminated. A termination of the authority of the Auditor of Public Accounts and the administrator shall reinstate the authority of the board of trustees pursuant to sections 31-727 to 31-770.Source  Laws 1982, LB 868, § 42.
NE Code § 31-781 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-781 - Petition requesting annexation; meeting; vote.

31-781.  Petition requesting annexation; meeting; vote.(1) Any sanitary and improvement district desiring to be annexed by a city of the metropolitan, primary, first, or second class or village may, subject to the requirements in subsection (2) of this section, by formal vote of a majority of the members of the board of trustees of the district, petition the city council of the city or board of trustees of the village for annexation. Such petition shall be filed on or before March 1 of the year in which annexation is sought by the district.(2) Prior to taking the formal vote to petition the city or village for annexation, the board of trustees of the district shall schedule a meeting to discuss the filing of the petition with the residents and property owners of the district. At least thirty days prior to the date of such meeting, the board of trustees shall send notice of the meeting by first-class mail, postage prepaid, to each property owner and residence in the district. Such notice shall set out the date, time, and place of the meeting and shall indicate that the purpose of the meeting is to discuss the filing of a petition for annexation by a city or village and that those attending the meeting will be offered the opportunity to express their opinions. The board of trustees shall take no formal action on the petition for annexation until such meeting has taken place, and no petition shall be valid if such meeting has not occurred.Source  Laws 1993, LB 210, § 1.
NE Code § 31-782 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-782 - Petition; filed with clerk; response.

31-782.  Petition; filed with clerk; response.The petition described in section 31-781 shall be filed with the city or village clerk and shall be deemed received by the city council of the city or board of trustees of the village on the date upon which it is presented to the clerk. Following the filing of the petition, the district shall respond promptly and fully to all requests by the city or village for information with regard to any matter relevant to annexation.Source  Laws 1993, LB 210, § 2.
NE Code § 31-783 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-783 - Petition; review; vote; when.

31-783.  Petition; review; vote; when.The city council of the city or board of trustees of the village shall review all petitions filed under section 31-781 and by formal vote of the council or board either grant or deny the petition. The vote shall be taken not later than the date of the first regular meeting of the council or board in July of the year in which the petition was filed.Source  Laws 1993, LB 210, § 3.
NE Code § 31-784 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-784 - Petition denial; report.

31-784.  Petition denial; report.If the city council of the city or board of trustees of the village votes to deny a petition filed under section 31-781, it shall approve and adopt by vote of the council or board a report specifying the reasons for denial. Such report shall recite the specific reasons, whether financial or otherwise, which led to the decision of the council or board. Special emphasis shall be placed upon conditions in the control of the sanitary and improvement district which might be remedied by action of the district in the future. The city or village may set out in the report the conditions which, if met, would permit the city or village to annex the district in the future.Source  Laws 1993, LB 210, § 4.
NE Code § 31-785 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-785 - Compliance; not required.

31-785.  Compliance; not required.Compliance with sections 31-781 to 31-784 shall not be required for annexation of a sanitary and improvement district. Failure to comply with such sections shall not serve as the basis for the invalidation of an otherwise lawful annexation of a district by a city or village.Source  Laws 1993, LB 210, § 5.
NE Code § 31-786 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-786 - Terms, defined.

31-786.  Terms, defined.For purposes of sections 31-786 to 31-793:(1) Filing clerk means the election commissioner or county clerk of the county in which all or the largest portion of the land area comprising a sanitary and improvement district is located;(2) Qualified property owning voter means a person entitled to vote as provided in section 31-735 for all trustees of a sanitary and improvement district other than those which may be elected only by qualified resident voters; and(3) Qualified resident voter means a person entitled to vote as provided in section 31-735 for all trustees of a sanitary and improvement district.Source   Laws 1997, LB 874, § 1;  Laws 2002, LB 176, § 4.
NE Code § 31-788 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-788 - Secretary of State; petition papers; requirements.

31-788.  Secretary of State; petition papers; requirements.(1) The Secretary of State shall design the uniform petition papers to be distributed by all filing clerks for use in the recall of trustees of sanitary and improvement districts and shall keep a sufficient number of such blank petition papers on file for distribution to any filing clerk requesting recall petitions.(2) Each petition paper presented to a qualified voter for his or her signature shall clearly indicate at the top (a) whether the trustee whose recall is being sought was elected solely by qualified resident voters, (b) whether the signatories must be qualified resident voters or may include qualified property owning voters, (c) that the signatories must support the holding of a recall election for the trustee, (d) the name of the individual sought to be recalled, and (e) a general statement of the reason or reasons for which recall is sought.(3) Each petition paper shall contain a statement entitled Instructions to Petition Circulators prepared by the Secretary of State to assist circulators in understanding the provisions governing the petition process established by sections 31-786 to 31-793. The instructions shall include the following statement: No one circulating this petition paper in an attempt to gather signatures shall sign the circulator's affidavit unless each person who signed the petition paper did so in the presence of the circulator.Source   Laws 1997, LB 874, § 3;  Laws 2002, LB 176, § 6;  Laws 2003, LB 444, § 3.
NE Code § 31-789 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-789 - Signature verification; effect.

31-789.  Signature verification; effect.(1) The principal circulator or circulators shall file, as one instrument, all petition papers comprising a recall petition for signature verification with the filing clerk within thirty days after the filing clerk issues the initial petition papers to the principal circulator or circulators as provided in section 31-787.(2) Within fifteen days after the filing of the petition, the filing clerk shall ascertain whether or not the petition is signed by sufficient qualified resident voters and qualified property owning voters as provided in section 31-787. No new signatures may be added after the initial filing of the petition papers. No signatures may be removed unless the filing clerk receives an affidavit signed by the person requesting that his or her signature be removed before the petitions are filed with the filing clerk for signature verification.(3) If the petition is found to be sufficient, the filing clerk shall attach to the petition a certificate showing the result of such examination. If the petition is found not to be sufficient, the filing clerk shall file the petition in his or her office without prejudice to the filing of a new petition for the same purpose.Source   Laws 1997, LB 874, § 4;  Laws 2002, LB 176, § 7;  Laws 2012, LB1121, § 2.