reglab/housing_qa huggingface dataset:
NE Code § 31-343 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-343 - Bonds; payment of levy by landowner; effect; record.

31-343.  Bonds; payment of levy by landowner; effect; record.Before such bonds are issued any person or corporation whose land or property has been assessed for benefits by the district may pay the total amount of the cost and expenses apportioned to and levied as a tax against such land and property or any lot, tract, or subdivision thereof as set out in the assessment roll. The amount of bonds to be issued shall be reduced by the amount thus paid. When such payment has been made to the board of supervisors, it shall place the sum so received in the depository provided for in section 31-350, and shall give to such owner an acquittance showing such payment. The lands and property upon which payment has been made shall be released from the lien of such drainage tax, and the bonds and interest thereon shall be chargeable solely against the lots, tracts, land and property upon which such payment has not been made. The drainage board shall certify to the county clerk a list of the lands and property upon which such payment has been made, which list shall be filed and recorded in the office of the county clerk.Source   Laws 1905, c. 161, § 20, p. 627;   Laws 1907, c. 152, § 4, p. 472;   Laws 1909, c. 147, § 10, p. 522;   R.S.1913, § 1838;   C.S.1922, § 1785;   C.S.1929, § 31-442;   R.S.1943, § 31-343.
NE Code § 31-344 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-344 - Bonds; issuance; resolution; contents; declarations.

31-344.  Bonds; issuance; resolution; contents; declarations.Before issuing any bonds the board shall pass a formal resolution in which shall be found and declared (1) the total amount of the tax as confirmed (both by the original and the supplemented assessment, if any), (2) the total amount of the deductions, if any, thereon, (3) the estimated cost of collection, and (4) the total amount of the net tax available for the payment of the principal and the interest of the bonds the district intends to issue.Source   Laws 1909, c. 149, § 1, p. 528;   R.S.1913, § 1839;   C.S.1922, § 1786;   C.S.1929, § 31-443;   R.S.1943, § 31-344.
NE Code § 31-345 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-345 - Bonds; issuance; resolution; contents; pledge of funds.

31-345.  Bonds; issuance; resolution; contents; pledge of funds.The board shall then, in such resolution, divide the total levy theretofore made into convenient installments, and opposite each shall set the year in which they shall become payable respectively. The board shall then authorize the bonds which the district proposes to issue, fixing the terms, date and maturities thereof in such a manner that the installments of the tax will be sufficient to pay the corresponding installments of bonds as and when they become due. In the same resolution the board shall provide that in due time, manner and season it will cause the annual levy to be made in compliance with such resolution, and thereupon the fund, to the extent that it may be necessary to pay the bonds, shall be pledged and hypothecated to the payment of the bonds, which pledge and hypothecation, to the amount so expressed and declared, shall be superior to any other charge against the same.Source   Laws 1909, c. 149, § 1, p. 528;   R.S.1913, § 1840;   C.S.1922, § 1787;   C.S.1929, § 31-444;   R.S.1943, § 31-345.
NE Code § 31-346 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-346 - Board of supervisors; power to borrow money; purpose; limitation.

31-346.  Board of supervisors; power to borrow money; purpose; limitation.Before funds can be secured by the levy of a tax or the sale of bonds, the board of supervisors of such drainage district shall have power to borrow money and pledge the credit of the district for the payment of the same, with interest, in any sum not to exceed five thousand dollars, to pay the necessary cost and expenses of the organization and incorporation of the district and all other legitimate charges and expenses incurred by the board and its officers and employees in performing the services and duties required of them by sections 31-301 to 31-369.Source   Laws 1909, c. 147, § 10, p. 523;   R.S.1913, § 1841;   C.S.1922, § 1788;   C.S.1929, § 31-445;   R.S.1943, § 31-346.
NE Code § 31-347 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-347 - Bonds; sale; how made.

31-347.  Bonds; sale; how made.The board may sell the bonds from time to time in such quantities as may be necessary and most advantageous, to raise the money for the construction of the ditches and works, the acquisition of rights-of-way and property, and otherwise to fully carry out the objects and purposes of sections 31-301 to 31-369. Before making any sale the board shall at a meeting, by resolution, declare its intention to sell a specified amount of the bonds, and the day and hour and place of such sale, and shall cause such resolution to be entered in the minutes, and notice of the sale to be given by publication thereof at least twenty days in a daily newspaper published in the city of Lincoln, and in any other newspaper, at its discretion. The notice shall state that sealed proposals will be received by the board at its office, for the purchase of bonds until the day and hour named in the resolution. At the time appointed the board shall open the proposals and award the purchase of the bonds to the highest responsible bidder, and may reject all bids; but the board shall in no event sell any of the bonds for less than par.Source   Laws 1905, c. 161, § 22, p. 627;   Laws 1907, c. 152, § 5, p. 472;   R.S.1913, § 1842;   C.S.1922, § 1789;   C.S.1929, § 31-446;   R.S.1943, § 31-347.
NE Code § 31-348 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-348 - Bonds; sale; record.

31-348.  Bonds; sale; record.The secretary shall keep a record of the bonds sold, their number, the date of sale, the price received, and the name of the purchaser.Source   Laws 1905, c. 161, § 20, p. 626;   Laws 1907, c. 152, § 5, p. 472;   R.S.1913, § 1843;   C.S.1922, § 1790;   C.S.1929, § 31-447;   R.S.1943, § 31-348.
NE Code § 31-349 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-349 - Bonds; sale; proceeds; use.

31-349.  Bonds; sale; proceeds; use.The proceeds of the sale of bonds, or any of them, shall be used to pay for the works and improvements in the drainage of the district, and such costs, expenses, fees and salaries as may be authorized by law.Source   Laws 1907, c. 152, § 5, p. 472;   R.S.1913, § 1844;   C.S.1922, § 1791;   C.S.1929, § 31-448;   R.S.1943, § 31-349.
NE Code § 31-350 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-350 - Bonds; sale; proceeds; deposits and withdrawals.

31-350.  Bonds; sale; proceeds; deposits and withdrawals.The money derived from the sale of any bonds shall be deposited by the board of supervisors with some bank or trust company in any county in the district under such conditions as the board may prescribe, and may be withdrawn from such depository when ordered by the board on check or warrant signed by the chairman and countersigned by the secretary. Such depository shall execute and deliver to the board of supervisors of the drainage district a bond with good and sufficient securities, to be approved by the board of supervisors, conditioned that the depository shall account for, safely keep, and pay over, as required by law and as ordered by the board of supervisors, any and all money received by such depository on account for the drainage district.Source   Laws 1907, c. 152, § 5, p. 473;   R.S.1913, § 1845;   C.S.1922, § 1792;   C.S.1929, § 31-449;   R.S.1943, § 31-350.
NE Code § 31-351 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-351 - Assessments; lien; interest on delinquent assessments; collection; sinking fund to retire bonds.

31-351.  Assessments; lien; interest on delinquent assessments; collection; sinking fund to retire bonds.All the assessments on real property and easements shall be a lien against the property assessed from and after the first Monday in April in the year in which it is assessed and shall draw interest at the rate of nine percent per annum from May 1 of the year following said assessment, and such lien is not removed until the assessments are paid or the property sold for the payment thereof. It shall be the duty of the county treasurers to collect such assessments in the same manner as other taxes against real estate are collected, and the revenue laws of the state for the collection and sale of land for such taxes are hereby made applicable to the collection of assessments under sections 31-301 to 31-369. When bonds have been issued by the drainage district, the taxes so collected to pay the same shall constitute a sinking fund to be used for the payment of such bonds and the interest thereon.Source   Laws 1905, c. 161, § 21, p. 627;   R.S.1913, § 1846;   C.S.1922, § 1793;   C.S.1929, § 31-450;   Laws 1933, c. 136, § 24, p. 537;   C.S.Supp.,1941, § 31-450;   R.S.1943, § 31-351.
NE Code § 31-352 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-352 - Watercourses; cleaning and changing.

31-352.  Watercourses; cleaning and changing.In order to effect the drainage of the district, the board is authorized to clean out and remove all obstructions from the bed of any stream, creek, bayou, lagoon or other watercourse in the district; to straighten or shorten and deepen or widen the course of any stream or to abandon the bed of any stream and construct a new channel therefor; and to fill up any channel, or part of a channel, of any stream, creek, bayou, or other watercourse, in order to turn the direction of the volume of water, or to concentrate the water, so as to deepen and form a main channel.Source   Laws 1905, c. 161, § 23, p. 628;   R.S.1913, § 1847;   C.S.1922, § 1794;   C.S.1929, § 31-451;   R.S.1943, § 31-352. Annotations  Drainage district may be required to construct bridge occasioned by reason of failure to keep its drainage system in repair. Ritter v. Drainage Dist. No. 1, 148 Neb. 873, 29 N.W.2d 782 (1947). Right of supervisors to keep drainage ditch in repair includes the right to straighten its channel or lengthen and better its outlet. Richardson County v. Drainage District No. 1 of Richardson County, 113 Neb. 662, 204 N.W. 376 (1925).
NE Code § 31-353 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-353 - Crossing of highways or railroads; mutual agreement; condemnation.

31-353.  Crossing of highways or railroads; mutual agreement; condemnation.The board shall have the power to construct the works across any street, avenue, highway, railway, canal, ditch or flume which the route of the ditches may intersect or cross, in such manner as to afford security for life and property, but the board shall restore the same, when so crossed or intersected, to its former state as nearly as may be, or in a manner not to impair its usefulness unnecessarily. Every company whose railroad shall be intersected or crossed by the works shall unite with the board in forming such intersections and crossings, and shall grant the privilege aforesaid. If such railroad company and the board, or the owners and controllers of such property, thing or franchise so to be crossed, cannot agree upon the amount to be paid therefor, or the points or the manner of such crossings, the same shall be ascertained and determined in all respects as is provided in respect to the taking of land.Source   Laws 1905, c. 161, § 23, p. 628;   R.S.1913, § 1848;   C.S.1922, § 1795;   C.S.1929, § 31-452;   R.S.1943, § 31-353. Annotations  Where erosion destroys highway and bridges over drainage ditch, drainage district is required to restore bridges and their approaches in such manner as to permit the maintenance of public highway over and across the same. Ritter v. Drainage Dist. No. 1, 148 Neb. 873, 29 N.W.2d 782 (1947). If old bridge is rendered unnecessary, county must maintain. Richardson County ex rel. Sheehan v. Drainage Dist. No. 1 of Richardson County, 92 Neb. 776, 139 N.W. 648 (1913). District must maintain bridge over a ditch crossing a highway. State ex rel. Hutter v. Papillion Drainage Dist., 89 Neb. 808, 132 N.W. 398 (1911).
NE Code § 31-354 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-354 - Public lands; grant of right-of-way.

31-354.  Public lands; grant of right-of-way.The right-of-way is hereby given, dedicated and set apart, to locate, construct and maintain such works over and through any of the lands which are now or may be the property of the state.Source   Laws 1905, c. 161, § 23, p. 629;   R.S.1913, § 1849;   C.S.1922, § 1796;   C.S.1929, § 31-453;   R.S.1943, § 31-354.
NE Code § 31-355 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-355 - Bids for construction; award of contract; conditions; supervision of work.

31-355.  Bids for construction; award of contract; conditions; supervision of work.(1) After the board of supervisors has certified the total levy of the costs and expenses of the drainage improvements to the county clerk as directed by law, it may proceed to let a contract for the construction of such improvements. The board shall give notice of its intention to let such contract by publication thereof for twenty days in the newspapers of general circulation in the county or counties in which the drainage district is situated and in such other newspapers as it may deem advisable. The notice shall call for sealed bids for the construction of such improvements or any part thereof, notify the public of the time and place where such bids will be received and opened, and notify the public where the plans and specifications may be seen. On the day fixed, the board shall open and consider the bids and may let the contract for the whole work, or any part thereof, to the lowest responsible bidder, may reject any and all bids and readvertise for proposals, or may proceed to construct the work under its own superintendent. Contract for the purchase of materials shall be awarded to the lowest responsible bidder. Except as provided in subsection (2) of this section, the person to whom a contract is awarded shall enter into a bond with good and sufficient surety in a sum not less than twenty-five percent of the contract price, conditioned for the faithful performance of such contract. The work shall be done under the direction and to the satisfaction of the drain commissioner, subject to the approval of the board.(2) If a contract, the provisions of which are limited to the purchase of supplies or materials, is entered into pursuant to this section and if the amount of the contract is fifty thousand dollars or less, the bidder shall furnish the county with an irrevocable letter of credit, a certified check upon a solvent bank, or a performance bond in a guaranty company qualified to do business in Nebraska, as prescribed by and in a sum determined by the county board of supervisors, conditioned for the faithful performance of such contract.Source   Laws 1905, c. 161, § 24, p. 629;   Laws 1909, c. 147, § 11, p. 523;   Laws 1911, c. 144, § 5, p. 483;   R.S.1913, § 1850;   C.S.1922, § 1797;   C.S.1929, § 31-454;   R.S.1943, § 31-355;   Laws 1987, LB 211, § 4.
NE Code § 31-356 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-356 - Sections, how construed; limitation on granted powers.

31-356.  Sections, how construed; limitation on granted powers.None of the provisions of sections 31-301 to 31-369 shall be construed as repealing or in anywise modifying the provisions of any other law relating to the subject of draining, reclaiming or protecting swamp, overflowed or submerged lands. Nothing herein contained shall be deemed to authorize any person or persons to divert the waters of any river, creek, stream, canal or ditch from its channel to the detriment of any person or persons having any interest in such river, creek, stream, canal or ditch, or the waters therein, unless previous compensation be ascertained and paid therefor, under the laws of this state authorizing the taking of private property for public use.Source   Laws 1905, c. 161, § 25, p. 630;   R.S.1913, § 1851;   C.S.1922, § 1798;   C.S.1929, § 31-455;   R.S.1943, § 31-356.
NE Code § 31-357 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-357 - Joint outlet of two districts; cost of improvements; how allocated.

31-357.  Joint outlet of two districts; cost of improvements; how allocated.When two or more districts shall have their outlet or discharge into the same natural watercourse or stream, each district shall be assessed for the cost of such work in the same ratio to such total cost as the discharge of waters of such district bears to the combined discharge of waters of the several districts emptying into such natural watercourse or stream; but no district shall be liable to contribute for any improvement or costs and expenses incurred in improving such natural watercourse or stream above the point of discharge of the waters of such district into the same.Source   Laws 1905, c. 161, § 26, p. 630;   R.S.1913, § 1852;   C.S.1922, § 1799;   C.S.1929, § 31-456;   R.S.1943, § 31-357. Annotations  Drainage district cannot be released from private property rights established by judgment by subsequent legislation. Mooney v. Drainage Dist. No. 1 of Richardson County, 134 Neb. 192, 278 N.W. 368 (1938), reversing on rehearing, 133 Neb. 197, 274 N.W. 467 (1937). Above section is not of such vital importance as to form inducement to passage of remainder of law, and even if invalid, would not excuse a duty enjoined by valid portion. Mooney v. Drainage District No. 1 of Richardson County, 126 Neb. 219, 252 N.W. 910 (1934).
NE Code § 31-358 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-358 - Ditches, drains, or watercourses; use by landowners.

31-358.  Ditches, drains, or watercourses; use by landowners.The owner of any land, lot or premises that have been assessed for the payment of the cost of the location and construction of any ditch, drain or watercourse, as hereinbefore provided, shall have the right to use the ditch, drain or watercourse as an outlet for lateral drains from said land, lot or premises.Source   Laws 1905, c. 161, § 27, p. 631;   R.S.1913, § 1853;   C.S.1922, § 1800;   C.S.1929, § 31-457;   R.S.1943, § 31-358. Annotations This section is only special provision conferring special rights in the use of drainage ditches, and does not authorize use for purpose of irrigation. Drainage Dist. No. 1 v. Suburban Irr. Dist., 139 Neb. 333, 297 N.W. 645 (1941).
NE Code § 31-359 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-359 - Subdistricts; creation by mutual agreement, district court action; procedure.

31-359.  Subdistricts; creation by mutual agreement, district court action; procedure.If any person who owns land within the drainage district which has been assessed for benefits, and which is separated from the ditch, drain or watercourse for which it has been assessed, by the land of another or others, shall desire to ditch or drain his land across the land of such other or others into such ditch, drain or watercourse, and shall be unable to agree with such other or others on the terms and conditions on which he may enter upon their lands and construct such drains or ditch, he may proceed in the manner herein provided, and the ditch or drain which he shall construct or cause to be constructed shall be considered to be conducive to the public health, welfare, convenience and utility to promote which the drainage district was established. He may file his petition with the clerk of the district court asking the court to establish a subdistrict within the limits of the original district for the purpose of securing more complete drainage, describing the lands to be affected thereby by metes and bounds, or otherwise, so as to convey an intelligent description of such lands; and all proceedings shall be the same as herein provided for the establishment, formation and construction of original districts and improvement thereof, including the assessment of damages, and the assessment of benefits. When established and constructed, it shall become and be a part of the drainage system of such drainage district, and be under the control and supervision of the board of supervisors.Source   Laws 1905, c. 161, § 28, p. 631;   R.S.1913, § 1854;   C.S.1922, § 1801;   C.S.1929, § 31-458;   R.S.1943, § 31-359.
NE Code § 31-360 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-360 - Treasurer; duties; collection of assessments; disbursement.

31-360.  Treasurer; duties; collection of assessments; disbursement.The treasurer of the county in which the drainage district, or the largest portion thereof, is situated, shall be ex officio treasurer of the district for the purposes of collecting and disbursing taxes or assessments. The treasurers of the counties in which the smaller parts of the district shall be situated shall pay over to him any and all funds collected and paid over to them for the benefit of the drainage district, and shall take the receipt of the treasurer therefor in duplicate. The original receipt the treasurer paying the money shall keep for his own protection, and the duplicate shall be filed in the office of the clerk of the county of which the person receiving such money shall be treasurer. It shall be the duty of the treasurer, who is ex officio treasurer of the drainage district, to pay any money in his hands, collected as aforesaid, upon warrants signed by the chairman and attested by the secretary of the board of supervisors of the district, when the same shall be presented for payment.Source   Laws 1905, c. 161, § 29, p. 632;   R.S.1913, § 1855;   C.S.1922, § 1802;   C.S.1929, § 31-459;   R.S.1943, § 31-360. Annotations  County treasurer is ex officio treasurer of drainage district, which has no treasurer of its own. School District No. 22 of Harlan County v. Harlan County, 127 Neb. 4, 254 N.W. 701 (1934). Drainage district is entitled to interest obtained by the county from the fund in the hands of treasurer as ex officio treasurer of the district. Nemaha Valley Drainage District No. 2 of Nemaha County v. Nemaha County, 100 Neb. 64, 158 N.W. 438 (1916).
NE Code § 31-361 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-361 - Drainage district warrants; form.

31-361.  Drainage district warrants; form.All warrants issued by the board of supervisors of any drainage district shall be in the following form:$ ............No. ..........Treasurer of the County of ............Pay to ............. dollars out of any money in the treasury belonging to .......... Drainage District in the County of .......... . Given at the town of .........., State of Nebraska, by order of the board of supervisors of ............... Drainage District.Attest:Secretary ...............Chairman ................Source   Laws 1905, c. 161, § 29, p. 632;   R.S.1913, § 1856;   C.S.1922, § 1803;   C.S.1929, § 31-460;   R.S.1943, § 31-361.
NE Code § 31-362 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-362 - Warrants; laws governing county warrants applicable.

31-362.  Warrants; laws governing county warrants applicable.The law of this state under which county warrants are issued, sold, transferred, assigned, presented for payment and paid, shall apply to all warrants issued by virtue of the provisions of sections 31-301 to 31-369.Source   Laws 1905, c. 161, § 30, p. 632;   R.S.1913, § 1857;   C.S.1922, § 1804;   C.S.1929, § 31-461;   R.S.1943, § 31-362.