reglab/housing_qa huggingface dataset:
NE Code § 46-175 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-175 - Exclusion of lands; notice; form; contents.

46-175.  Exclusion of lands; notice; form; contents.The secretary of the board of directors shall cause a notice of the filing of such petition to be published for at least two weeks in some newspaper published in the county where the office of the board of directors is situated, and if any portion of such territory to be excluded lies within another county or counties, then the notice shall be so published in a newspaper published within each of such counties, or if no newspaper is published therein, then by posting such notice for the same time in at least three public places in the district, and in case of the posting of the notices, one of such notices must be posted on the lands proposed to be excluded. The notice shall state the filing of such petition, the names of the petitioners, description of the lands mentioned in such petition, and the prayer of the petition, and it shall notify all persons interested in, or that may be affected by such change of the boundaries of the district, to appear at the office of the board at a time named in the notice, and show cause in writing, if any they have, why the change in the boundaries of such district, as proposed in such petition, should not be made. The time to be specified in the notice at which they shall be required to show cause shall be at the regular meeting of the board next after the expiration of the time for the publication of the notice.Source   Laws 1895, c. 70, § 48, p. 297;   R.S.1913, § 3505;   C.S.1922, § 2905;   C.S.1929, § 46-150;   R.S.1943, § 46-175.
NE Code § 46-176 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-176 - Exclusion of lands; hearing; assent of parties; when implied; nonirrigable lands.

46-176.  Exclusion of lands; hearing; assent of parties; when implied; nonirrigable lands.The board of directors, at the time or times to which the hearing of such petition may be adjourned, shall proceed to hear the petition and all objections thereto, presented in writing by the persons, showing cause as aforesaid, why the prayer of such petition should not be granted. The failure of any person interested in the district to show cause in writing why the tract or tracts of land mentioned in the petition should not be excluded from such district shall be deemed and taken as an assent by him to the exclusion of such tract or tracts of land, or any part thereof, from the district; and the filing of such petition with such board, as aforesaid, shall be deemed and taken as an assent by each and all of such petitioners to the exclusion from such district of the lands mentioned in the petition, or any part thereof; Provided, in no case shall any land be held by any district or taxed for irrigation purposes which cannot from any natural cause be irrigated thereby.Source   Laws 1895, c. 70, § 49, p. 297;   R.S.1913, § 3506;   C.S.1922, § 2906;   C.S.1929, § 46-151;   R.S.1943, § 46-176. Annotations  A determination that land cannot from any natural cause be irrigated requires an examination of the intrinsic characteristics of the land and cannot be based on external factors. Crouse v. Pioneer Irr. Dist., 272 Neb. 276, 719 N.W.2d 722 (2006). Whether land cannot from any natural cause be irrigated must be determined from the facts in each case. Smith v. Frenchman-Cambridge Irr. Dist., 155 Neb. 270, 51 N.W.2d 376 (1952). The question of nonirrigability of lands from natural causes can be raised in proceedings to foreclose tax sale certificate. Birdwood Irr. Dist. v. Brodbeck, 148 Neb. 824, 29 N.W.2d 621 (1947). Government subdivision or other well-defined tract ought not to be included in irrigation district if, for natural causes, it is incapable of irrigation. Wight v. McGuigan, 94 Neb. 358, 143 N.W. 232 (1913). Where party proceeds to have land detached, in order to defeat jurisdiction of board, it must be proved and found by court that land is nonirrigable, or exempted by statute. Sowerwine v. Central Irr. Dist., 85 Neb. 687, 124 N.W. 118 (1909).
NE Code § 46-177 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-177 - Exclusion of lands; action of board.

46-177.  Exclusion of lands; action of board.The board of directors, if it deems it not for the best interest of the district that the lands mentioned in the petition, or some portion thereof, should be excluded from the district, shall order that the petition be denied; but if it deems it for the best interest of the district that the lands mentioned in the petition, or some portion thereof, be excluded from the district, and if no person interested in the district shows cause in writing why the lands or some portion thereof should not be excluded from the district, or if having shown cause withdraws the same, and also, if there are no outstanding bonds of the district and no contract between the district and the United States, then the board may order that the lands mentioned in the petition or some defined portion thereof, be excluded from the district.Source   Laws 1895, c. 70, § 50, p. 298;   R.S.1913, § 3507;   Laws 1915, c. 69, § 11, p. 182;   C.S.1922, § 2907;   C.S.1929, § 46-152;   R.S.1943, § 46-177.
NE Code § 46-178 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-178 - Exclusion of lands; assent of bondholders and Secretary of the Interior required, when; order of exclusion.

46-178.  Exclusion of lands; assent of bondholders and Secretary of the Interior required, when; order of exclusion.If there are outstanding bonds of the district or if the district shall have entered into a contract with the United States, as provided in section 46-126 or 46-156, then the board may adopt a resolution to the effect that the board deems it to the best interests of the district that the lands mentioned in the petition, or some portion thereof, should be excluded from the district. The resolution shall describe such lands so that the boundaries thereof can be readily traced. The holders of such outstanding bonds may give their assent in writing to the effect that they severally consent that the board may make an order by which the lands mentioned in the resolution may be excluded from the district and in case a contract has been made with the United States, as aforesaid, the Secretary of the Interior may assent to such change. The assent may be acknowledged by the several holders of such bonds in the same manner and form as are required in case of a conveyance of land, and the acknowledgment shall have the same force and effect as evidence as an acknowledgment of such conveyance, except the assent of the Secretary of the Interior need not be acknowledged. The assent must be filed with the board and must be recorded in the minutes of the board; and such minutes, or a certified copy thereof, shall be admissible in evidence with the same effect as the assent; but if such assent of the bondholders and, in case of contract with the United States such assent of the Secretary of the Interior, is not filed, the board shall deny and dismiss the petition.Source   Laws 1895, c. 70, § 51, p. 298;   R.S.1913, § 3508;   Laws 1915, c. 69, § 12, p. 182;   C.S.1922, § 2908;   C.S.1929, § 46-153;   R.S.1943, § 46-178. Cross References  Acknowledgment of deeds, see sections 76-211 and 76-216 to 76-236.Annotations Legislature has recognized principle that lands subject to irrigation bonds when issued could not afterwards be exempted from liability therefor, by exclusion from district, without impairing obligation of contract. Erickson v. Nine Mile Irr. Dist., 109 Neb. 189, 190 N.W. 573 (1922).
NE Code § 46-179 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-179 - Exclusion of lands; objection made; action of board; election required; notice; procedure.

46-179.  Exclusion of lands; objection made; action of board; election required; notice; procedure.If the assent of the holders of the bonds is filed and entered of record as provided in section 46-178, and if there are objections presented by any person showing cause which have not been withdrawn, then the board of directors may order an election to be held in the irrigation district to determine whether an order shall be made excluding such lands from the district as mentioned in the resolution. The notice of such election shall describe the boundaries of all the lands which it is proposed to exclude, and such notice shall be published for at least two weeks prior to such election in a newspaper of general circulation within the county where the office of the board of directors is situated; and if any portion of such territory to be excluded lies within another county or counties, then such notice shall be so published in a newspaper of general circulation in each of such counties. Such notice shall require the electors to cast ballots which shall contain the words For exclusion, or Against exclusion, or words equivalent thereto. Such election shall otherwise be conducted in accordance with sections 46-115 to 46-118.Source   Laws 1895, c. 70, § 52, p. 299;   R.S.1913, § 3509;   C.S.1922, § 2909;   C.S.1929, § 46-154;   R.S.1943, § 46-179;  Laws 2015, LB561, § 10.  Cross References  For election laws, see Chapter 32.
NE Code § 46-180 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-180 - Exclusion of lands; result of vote; order of board.

46-180.  Exclusion of lands; result of vote; order of board.If at such election a majority of all votes cast shall be against the exclusion of the lands from the district, the board shall deny and dismiss the petition and proceed no further in the matter, but if a majority of such votes shall be in favor of the exclusion of the lands from the district the board shall thereupon order that the lands mentioned in the resolution be excluded from the district. The order shall describe the boundaries of the district, should the exclusion of the lands from the district change the boundaries of the district, and for that purpose the board may cause a survey to be made of such portions of the boundaries as the board may deem necessary.Source   Laws 1895, c. 70, § 53, p. 300;   R.S.1913, § 3510;   C.S.1922, § 2910;   C.S.1929, § 46-155;   R.S.1943, § 46-180.
NE Code § 46-181 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-181 - Exclusion of lands; copy of order filed with recorder; effect.

46-181.  Exclusion of lands; copy of order filed with recorder; effect.Upon the entry in the minutes of the board of any of the orders hereinbefore mentioned, a copy thereof certified by the president and secretary of the board shall be filed for record in the recorder's office of each county within which are situated any of the lands of the district; and thereupon the district shall be and remain an irrigation district as fully, to every intent and purpose, as it would be had no change been made in the boundaries of the district, or had the lands excluded therefrom never constituted a portion of the district.Source   Laws 1895, c. 70, § 54, p. 300;   R.S.1913, § 3511;   C.S.1922, § 2911;   C.S.1929, § 46-156;   R.S.1943, § 46-181. Cross References  Original boundaries, filing of order, see section 46-111.
NE Code § 46-182 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-182 - Order of exclusion; vacancy in office of director; when created; how filled.

46-182.  Order of exclusion; vacancy in office of director; when created; how filled.If the land excluded from any district shall embrace the greater portion of any division or divisions of such district, then the office of director for such division shall become and be vacant at the expiration of ten days from the final order of the board excluding the lands, and such vacancies shall be filled by appointment by the county board of the county where the office of such board is situated from the district at large. A director appointed as above provided shall hold his office until the next regular election for the district, and until his successor is elected and qualified.Source   Laws 1895, c. 70, § 55, p. 300;   R.S.1913, § 3512;   C.S.1922, § 2912;   C.S.1929, § 46-157;   R.S.1943, § 46-182.
NE Code § 46-183 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-183 - Exclusion of lands; redivision required; election precincts.

46-183.  Exclusion of lands; redivision required; election precincts.At least thirty days before the next general election of such district, the board of directors thereof shall make an order dividing such district into three divisions as nearly equal in size as practicable, which shall be numbered first, second and third, and one director shall be elected by each division. For the purpose of election in such district the board of directors shall establish one or more election precincts, and define the boundary or boundaries thereof, which precincts may be changed from time to time, as the board of directors may deem necessary.Source   Laws 1895, c. 70, § 56, p. 301;   R.S.1913, § 3513;   Laws 1919, c. 111, § 3, p. 274;   C.S.1922, § 2913;   C.S.1929, § 46-158;   R.S.1943, § 46-183.
NE Code § 46-184 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-184 - Exclusion of lands; assessments; refund; when allowed; procedure.

46-184.  Exclusion of lands; assessments; refund; when allowed; procedure.In case of the exclusion of any lands under the provisions of sections 46-173 to 46-183, there shall be refunded to any and all persons who have paid any assessment or assessments to such district, or any land so excluded, any sum or sums so paid. Such payments shall be made in the same manner as other claims against such district, and from such fund or funds as the board of directors may designate; Provided, where such parties have realized benefits from the organization and operation of the district, the value of such benefits shall be deducted from the assessments paid in by such parties, and the balance, if any, refunded.Source   Laws 1895, c. 70, § 58, p. 301;   R.S.1913, § 3514;   C.S.1922, § 2914;   C.S.1929, § 46-159;   R.S.1943, § 46-184.
NE Code § 46-185 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-185 - Discontinuance of district; petition; special election; notice; procedure.

46-185.  Discontinuance of district; petition; special election; notice; procedure.Whenever a majority of the assessment payers, representing a majority of the number of acres of irrigable land within any irrigation district, petition the board of directors to call a special election for the purpose of submitting to the electors of such irrigation district a proposition to vote on the discontinuance of such irrigation district and a settlement of its bonded and other indebtedness, the board of directors shall call an election, setting forth the object of the same, and cause a notice of such election to be published in some newspaper of general circulation in each of the counties in which the district is located, for a period of thirty days prior to such election, setting forth the time and place for holding such election in each of the voting precincts in the district, and shall also cause a written or printed notice of such election to be posted in some conspicuous place in each of the voting precincts. The board of directors shall provide ballots to be used at such election on which shall be written or printed the words For discontinuance ..... Yes, and For discontinuance ..... No. The election shall otherwise be conducted in accordance with sections 46-115 to 46-118.Source   Laws 1897, c. 91, §§ 1, 2, p. 372;   Laws 1903, c. 123, § 1, p. 625;   R.S.1913, § 3521;   C.S.1922, § 2921;   C.S.1929, § 46-166;   R.S.1943, § 46-185;  Laws 2015, LB561, § 11.
NE Code § 46-186 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-186 - Discontinuance of district; result of election; resubmission; sale of property; appointment of appraisers; notice of sale.

46-186.  Discontinuance of district; result of election; resubmission; sale of property; appointment of appraisers; notice of sale.If a majority of the votes shall be For discontinuance ...... No, there shall not be another election upon the question of a discontinuance of the district during the year in which such election was held. If a majority of the votes are For discontinuance ...... Yes, then the board shall immediately notify all persons having claims against the district of the result of such election, and may proceed to adjust, settle and compromise any and all such claims, in whatever form the indebtedness of such district may be. For the purpose of raising money to pay any and all indebtedness of the district, such board may sell and dispose of the canal franchises and other property belonging to the district at not less than a valuation to be fixed by a board of three appraisers, one member of which shall be appointed by the board of directors of such district, and one shall be appointed by the county board of the county in which the district was originally organized, which two appraisers shall elect a third. The board of appraisers shall be sworn by the county clerk of the county, to appraise the canal franchises and other property of the district at their cash value; and as soon thereafter as practicable, the appraisers shall make an appraisement, and report in writing their appraisement of all the property owned by the district to the board of directors. The board shall advertise the property for sale at least four weeks in such a manner as in the judgment of the board shall be to the best interest of the district; and shall state in such advertisement a description of the property, and the time and place when bids in writing for the same shall be opened and considered, and bids orally received and considered.Source   Laws 1897, c. 91, § 3, p. 372;   Laws 1903, c. 123, § 1, p. 626;   R.S.1913, § 3521;   C.S.1922, § 2921;   C.S.1929, § 46-166;   R.S.1943, § 46-186.
NE Code § 46-187 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-187 - Discontinuance of district; sale of property; opening of bids; sale by private negotiation.

46-187.  Discontinuance of district; sale of property; opening of bids; sale by private negotiation.At the time designated in such notice, or as soon thereafter as such board can meet, it shall open and consider all bids received for the purchase of the property and it shall have the power to reject any and all bids for such property which are not in the judgment of the board a fair and just consideration for the property. After bids are thus rejected by the board, it may by private negotiations with any person, persons or corporation, sell and convey, by deed executed by such board, all of the property, for part cash and part in deferred payments, bearing the same interest as the bonded indebtedness of such district; and in case the district has no bonded indebtedness, the interest upon such deferred payments shall be such as may be agreed upon by the board and the purchaser, not exceeding the rate allowed by law.Source   Laws 1903, c. 123, § 1, p. 627;   R.S.1913, § 3521;   C.S.1922, § 2921;   C.S.1929, § 46-166;   R.S.1943, § 46-187.
NE Code § 46-188 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-188 - Discontinuance of district; sale of property; deferred payments lien on property sold; additional security.

46-188.  Discontinuance of district; sale of property; deferred payments lien on property sold; additional security.Such deferred payments shall be a lien upon all of the property thus sold by the board which shall have the same force and effect as a mortgage against such property and may, when due, be foreclosed in the same manner provided by law for the foreclosure of mortgages. In addition to such lien, the board of directors may require the purchaser of the property to furnish the district with such additional security upon all deferred payments as in its judgment shall make such payments secure. All notes, bonds, mortgages and other securities shall be made out to and in the name of the irrigation district, and shall be, together with the money received by such sale, deposited with the county treasurer of the county in which the district was originally organized.Source   Laws 1903, c. 123, § 1, p. 628;   R.S.1913, § 3521;   C.S.1922, § 2921;   C.S.1929, § 46-166;   R.S.1943, § 46-188. Cross References  For action to foreclose mortgage, see sections 25-2137 to 25-2155.
NE Code § 46-189 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-189 - Discontinuance of district; sale of property; action to collect purchase price; in whose name brought.

46-189.  Discontinuance of district; sale of property; action to collect purchase price; in whose name brought.All suits at law or equity brought for the purpose of collecting such evidences of indebtedness, shall be brought in the name of such district by counsel employed by the district board; and in case the board shall be disorganized, such employment shall be by the board of such county.Source   Laws 1903, c. 123, § 1, p. 628;   R.S.1913, § 3521;   C.S.1922, § 2921;   C.S.1929, § 46-166;   R.S.1943, § 46-189.
NE Code § 46-190 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-190 - Discontinuance of district; assets of district used to pay debts; procedure; unused funds; distribution.

46-190.  Discontinuance of district; assets of district used to pay debts; procedure; unused funds; distribution.After a sale of the property and franchises of the district, the board of directors shall, with the amount realized from such sale, together with such other funds as such district may have, make settlement, payment, and redemption, if possible, of all outstanding bonded and other indebtedness of the district, but shall in no case pay more than the market value of such outstanding bonds with interest up to the time of payment. In cases when bonds not yet due cannot be redeemed by reason of the refusal of the owner thereof to surrender them before due, the board may invest the surplus money of the district, after paying all debts that can be paid, in state, county, or other safe bonds, bearing the same or greater rate of interest, if possible, than the district bonds thus outstanding, for the purpose of paying such outstanding bonds of the district when due. In case the amount realized from the sale of such district property, together with other money of the district, is insufficient for the payment of all the indebtedness of the district, assessments shall continue to be made against the lands included in the district in the manner provided by law for assessments to pay bonds and other indebtedness of irrigation districts until a sufficient amount is raised to fully pay all obligations of such district.Any balance of funds remaining after the sale or disposition of all property belonging to the district and after all obligations and indebtedness of the district have been paid or discharged shall be distributed by the county treasurer to all assessment payers of the district of record as of the date of the filing in the office of the Department of Natural Resources of the report referred to in section 46-192. Such distribution shall be made pro rata in accordance with the number of acres of irrigable land owned within the district as of the date of the last assessment against such land for the district prior to the date of the filing of such report.Source   Laws 1903, c. 123, § 1, p. 628;   R.S.1913, § 3521;   C.S.1922, § 2921;   C.S.1929, § 46-166;   R.S.1943, § 46-190;   Laws 1979, LB 66, § 1;  Laws 2000, LB 900, § 88.  Annotations In tax sale foreclosure, property remains liable for payment of future assessments by irrigation district to discharge irrigation bonds. County of Garden v. Schaaf, 145 Neb. 676, 17 N.W.2d 874 (1945).