reglab/housing_qa huggingface dataset:
NE Code § 23-309 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-309 - Levees; dikes; construction; when authorized.

23-309.  Levees; dikes; construction; when authorized.The supervisors or board of county commissioners of any county in this state shall have the power, as hereinafter provided, to construct, establish or cause to be constructed and established any levee, dike, bank protection or current control in any river or stream wholly within or bordering on the respective counties, and to provide for the maintenance of the same, whenever such project shall be conducive to the public health, convenience, welfare or safety, which purpose shall or may include the protection of lands or property from overflow, wash or bank erosion.Source   Laws 1921, c. 269, § 1, p. 893;   C.S.1922, § 1026;   C.S.1929, § 26-720;   R.S.1943, § 23-309.
NE Code § 23-310 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-310 - Levees; dikes; petition of landowners; contents; filing.

23-310.  Levees; dikes; petition of landowners; contents; filing.Such board of supervisors or county commissioners shall act only upon a written petition signed by the owners of the majority of the land likely to be affected by the proposed levee, dike, bank protection or current control. The petition shall set forth the necessity for the levee, dike, bank protection or current control, a description of its proposed location, and a general statement of the territory likely to be benefited or affected thereby. The petition shall be accompanied by a bond with sufficient surety or sureties to be approved by the county clerk of said county, conditioned to pay all expenses incurred in case the board does not grant the petition. Such petition may be presented at any regular or special meeting of the board and if sufficient in form the board shall order the same to be filed with the county clerk of said county.Source   Laws 1921, c. 269, § 2, p. 893;   C.S.1922, § 1027;   C.S.1929, § 26-721;   R.S.1943, § 23-310.
NE Code § 23-311 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-311 - Levees; dikes; site; surveys and reports; duty of engineer.

23-311.  Levees; dikes; site; surveys and reports; duty of engineer.It shall be the duty of such board to act promptly upon all such petitions. Upon the filing of the petition with the county clerk, as provided in section 23-310, the county clerk shall transmit a copy thereof to a competent engineer to be selected by the board, who, together with the board of county commissioners or supervisors, shall, as soon as practicable, inspect the proposed locations. If in the opinion of such board and the engineer such levee, dike, bank protection or current control is necessary or advisable, the board shall cause a survey of the proposed project to be made by such engineer, as herein provided. Such survey shall be primarily for the purpose of aiding the board in determining the necessity or advisability of constructing such project, but shall be a complete survey such as will be required for assessment of its costs. Such survey may extend to other lands than those affected by the proposed project for the purpose of determining the best practical method of protecting an area greater than the originally proposed territory. For the purpose of inspection or surveys the county commissioners, board of supervisors, surveyors, engineers, or their employees may enter upon any lands within the proposed territory, or upon any lands which in their judgment are likely to be affected by the proposed project. The surveyor or engineer shall file his report with the county clerk as soon as possible after being so instructed by the board to make such survey. The report shall include an estimated cost of the work together with a preliminary apportionment of individual assessments.Source   Laws 1921, c. 269, § 3, p. 894;   C.S.1922, § 1028;   C.S.1929, § 26-722;   R.S.1943, § 23-311.
NE Code § 23-312 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-312 - Levees; dikes; report of engineer; filing; notice of hearing.

23-312.  Levees; dikes; report of engineer; filing; notice of hearing.As soon as the report of the engineer is filed with the county clerk, it shall be the duty of the county clerk to give notice of the filing thereof by publication for three consecutive weeks in some weekly newspaper published in the county where the improvement is to be made, and state therein the proposed location where the improvement is to be made and the time set for the hearing thereon, of which all persons interested shall take notice. The date for said hearing shall not be more than six weeks from the date of the first publication.Source   Laws 1921, c. 269, § 4, p. 895;   C.S.1922, § 1029;   C.S.1929, § 26-723;   R.S.1943, § 23-312.
NE Code § 23-313 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-313 - Levees; dikes; petition; remonstrance; hearing; powers of board.

23-313.  Levees; dikes; petition; remonstrance; hearing; powers of board.On or before the day fixed for the hearing of such report the owners of any land affected by the work proposed may remonstrate against said petition and report, which remonstrance shall be verified by affidavit. If more than one party remonstrates, the same shall be consolidated and tried together, and the report of the engineer shall be prima facie evidence of the facts therein stated. The supervisors or board of commissioners shall try the issue thus formed, and if they find for the remonstrance, the petition and report shall be dismissed at the cost of the petitioners, or shall be so amended as to comply with the findings of the board, which amended petition and report shall stand as final; Provided, that if donations shall be made or secured to the satisfaction of the supervisors or board, sufficient with the assessment to exceed the expenses of the work and damages allowed, if any, the petition and report shall not be dismissed, and such donations are hereby authorized to be made. The board shall have power to permit amendments to be made to the petition or report, and to continue the hearing from time to time, so as to subserve the ends of justice.Source   Laws 1921, c. 269, § 5, p. 895;   C.S.1922, § 1030;   C.S.1929, § 26-724;   R.S.1943, § 23-313.
NE Code § 23-314 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-314 - Levees; dikes; plan for protection; approval by Director-State Engineer.

23-314.  Levees; dikes; plan for protection; approval by Director-State Engineer.If at the time fixed for the hearing of the report, the supervisors or board of commissioners shall find that notice has been given, as required by section 23-312, and further find that the proposed work is of public utility, convenience, welfare or safety, and that the benefits assessed exceed the expenses and damages whatsoever they may be, they shall order that the improvement be made and shall specify therein the nature and extent of the improvement. The report of the engineer as finally adopted by the board shall be designated as the plan for protection and shall be submitted to the Director-State Engineer for his information and approval; Provided, that notice of the hour and day of such submission shall be once published in the newspaper selected by the board for other publication notices, at least five days prior thereto. This plan as approved by the Director-State Engineer shall stand as final.Source   Laws 1921, c. 269, § 6, p. 895;   C.S.1922, § 1031;   C.S.1929, § 26-725;   R.S.1943, § 23-314.
NE Code § 23-315 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-315 - Levees; dikes; bids; contracts; conditions.

23-315.  Levees; dikes; bids; contracts; conditions.(1) If after the hearing the supervisors or board of county commissioners decide to proceed with the improvement, they shall let the contract for the construction of the work as a whole or in parcels as they may deem best. They shall give notice of the time and place the contract or contracts will be let by publishing for three successive weeks in one or more weekly newspapers published in the county, which notice shall state the specifications, nature, and extent of the improvement, the time within which the work is to be completed, and the allotment or allotments to be let. Sealed proposals shall be received and the work let to the lowest and best responsible bidder. Except as provided in subsection (2) of this section, a bond, in form prepared by the supervisors or board of county commissioners, conditioned for the faithful performance of the contract and executed by the bidder and surety or sureties to the county and to all parties interested in the amount of the bid, shall accompany such bid.(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, 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 an amount determined by the county board of supervisors or commissioners, conditioned for the faithful performance of the contract and executed by the bidder to the county and to all parties interested in the amount of the bid, shall accompany the bid.Source   Laws 1921, c. 269, § 7, p. 896;   C.S.1922, § 1032;   C.S.1929, § 26-726;   R.S.1943, § 23-315;   Laws 1987, LB 211, § 1.
NE Code § 23-316 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-316 - Levees; dikes; construction; special assessments.

23-316.  Levees; dikes; construction; special assessments.As soon as the contract or contracts are let for the construction of the work as provided in section 23-315, the supervisors or board of county commissioners shall levy a special assessment on all the lands specially benefited in accordance with the benefits received as confirmed and adjudged in a sum as may be necessary to pay for the work and all costs and expenses accrued or to accrue, not exceeding the whole benefit upon any one tract.Source   Laws 1921, c. 269, § 8, p. 896;   C.S.1922, § 1033;   C.S.1929, § 26-727;   R.S.1943, § 23-316;  Laws 2015, LB361, § 47.
NE Code § 23-317 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-317 - Levees; dikes; special assessments; entry on tax list; lien.

23-317.  Levees; dikes; special assessments; entry on tax list; lien.The board of supervisors or county commissioners shall cause the special assessment made upon the lands benefited as provided in section 23-316 to be entered upon the tax lists of the county as provided in cases of special assessments, which assessment shall constitute a lien on the real estate respectively assessed and shall be collected as other special assessments are collected. One-tenth of each assessment shall be collected each year for a period of ten years with interest at the rate of seven percent per annum on deferred payments, unless paid in full as herein provided.Source   Laws 1921, c. 269, § 9, p. 896;   C.S.1922, § 1034;   C.S.1929, § 26-728;   R.S.1943, § 23-317;  Laws 2015, LB361, § 48.
NE Code § 23-318 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-318 - Levees; dikes; assessments; notice.

23-318.  Levees; dikes; assessments; notice.Within ten days after such work has been completed and approved by the board, the board shall cause a notice to all persons whose lands are benefited by such improvement to be published for three successive weeks in a legal newspaper published and of general circulation in such county or, if no legal newspaper is published in the county, in a legal newspaper of general circulation in the county. Such notice shall fix the time, not more than sixty days from the date of the completion and approval of the work, within which owners of real estate benefited may pay the entire amount assessed against the respective parcels of land benefited and shall state that unless the amount is paid within such time, bonds will be issued for the payment of the special benefits assessed as hereinafter provided.Source   Laws 1921, c. 269, § 10, p. 897;   C.S.1922, § 1035;   C.S.1929, § 26-729;   R.S.1943, § 23-318;   Laws 1986, LB 960, § 19.
NE Code § 23-319 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-319 - Levees; dikes; bonds; when authorized; term; sinking fund.

23-319.  Levees; dikes; bonds; when authorized; term; sinking fund.After sixty days from the completion and approval of the work it shall be the duty of the county board to issue the bonds of the county in the amount of the assessment remaining unpaid at said time, payable in not to exceed ten equal annual installments with interest on deferred payment at seven percent per annum, and said special assessment and taxes shall constitute a sinking fund for the payment of the bonds and interest.Source   Laws 1921, c. 269, § 11, p. 897;   C.S.1922, § 1036;   C.S.1929, § 26-730;   R.S.1943, § 23-319;   Laws 1947, c. 15, § 14, p. 91.
NE Code § 23-320 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-320 - Levees; dikes; assessments; appeal to district court; procedure.

23-320.  Levees; dikes; assessments; appeal to district court; procedure.Any person who appeared and filed a remonstrance as to the benefits received by him or her through such improvement or as to the amount of his or her assessment before the supervisors or board of commissioners at the hearing as provided in section 23-313 shall be allowed an appeal to the district court of the county by the same procedure as is provided in section 31-412. On such appeal the only questions that shall be tried shall be the questions raised before the board by the remonstrance. On such trial the report of the engineer shall be admissible in evidence and nothing in this section shall be construed as authorizing or permitting the stoppage, prevention, or delay of the proposed work. If more than one party appeals, the appeals shall be consolidated and tried together and the rights of each appellant separately determined. If the court finds for any appellant upon his or her remonstrance, it shall amend the report and the schedule of the assessment in accordance with its finding. The amended report and schedule shall be filed with the county clerk and a copy forwarded to the Director-State Engineer. If on appeal the court finds against the remonstrants, it shall dismiss the appeal at the cost of appellant.Source   Laws 1921, c. 269, § 12, p. 897;   C.S.1922, § 1037;   C.S.1929, § 26-731;   R.S.1943, § 23-320;   Laws 1989, LB 26, § 1.
NE Code § 23-320.01 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-320.01 - Flood control; powers of county board; contracts with federal government; appropriation of funds.

23-320.01.  Flood control; powers of county board; contracts with federal government; appropriation of funds.In any county of the State of Nebraska in which the Corps of Engineers of the United States Army, the Bureau of Reclamation, Natural Resources Conservation Service, or other department or agency of the federal government shall be authorized by Congress to construct works for flood control, watershed protection and flood prevention, irrigation, soil and water conservation, drainage, or similar projects, or in cooperation with the programs of natural resources districts, irrigation districts, reclamation districts, or similar agencies, the county board thereof shall, if in its opinion the construction is necessary for the public welfare, have the power to: (1) Enter into an undertaking, in the name of the county, to hold the United States of America free from any damage to persons or property resulting during the construction or after the completion thereof, (2) contract with the federal government, in the name of the county, that when the work is completed the county will maintain, keep in repair, and operate such flood control works or other similar projects, (3) furnish all necessary lands, rights-of-way, and easements, as provided in section 23-320.02, (4) appropriate such funds as may be necessary to fully develop, plan, and carry out a coordinated program of flood control or soil and water resource development for such county, and (5) appropriate such funds as may be necessary to pay the construction costs and expenses in excess of funds to be provided by the federal government.Source   Laws 1947, c. 77, § 1, p. 241;   Laws 1955, c. 67, § 1, p. 218;   Laws 1961, c. 89, § 1, p. 310;   Laws 1969, c. 154, § 1, p. 722;  Laws 1999, LB 403, § 6.
NE Code § 23-320.02 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-320.02 - Flood control; acquisition of lands, rights-of-way, and easements; procedure.

23-320.02.  Flood control; acquisition of lands, rights-of-way, and easements; procedure.In any county, such as described in section 23-320.01, where it is necessary as a condition to the construction of any flood control works or other similar projects as provided in sections 23-320.01 to 23-320.07, that the county furnish the necessary lands, rights-of-way, or easements therefor, the county board is hereby authorized and empowered to acquire such lands, rights-of-way, or easements as may be necessary, and the board is hereby authorized and empowered to acquire the same by purchase or by gift or by the exercise of the right of eminent domain whether the property be within the limits of such county or outside its boundaries. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.Source   Laws 1947, c. 77, § 2, p. 242;   Laws 1951, c. 101, § 68, p. 478;   Laws 1961, c. 89, § 2, p. 311;   Laws 1969, c. 155, § 1, p. 726;   Laws 1981, LB 326, § 13.  Annotations Acquisition by city of easements and right-of-way for flood control project was authorized. Gruntorad v. Hughes Bros., 161 Neb. 358, 73 N.W.2d 700 (1955).
NE Code § 23-320.03 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-320.03 - Flood control; bonds; amount; term; levy of tax.

23-320.03.  Flood control; bonds; amount; term; levy of tax.Whenever in such county it is necessary to pay any construction costs and expenses in excess of the amounts paid by the federal government or to acquire any lands, rights-of-way, or easements under sections 23-320.01 to 23-320.06, the cost thereof and expenses connected therewith shall be defrayed by the issuance of general obligation bonds of the county, to be issued by the county board of such county without the necessity of an election, either in one issue or in separate issues from time to time as may be necessary and as determined by the county board of the county. The proceeds of the bonds shall be used for such purposes and no other except as otherwise provided in such sections. The aggregate of any such bonds so issued shall not be in excess of two-tenths of one percent of the taxable valuation of the county. All bonds issued under such sections shall mature in annual installments over a period of not more than twenty-five years, and it shall be the duty of the county board of such county to make an annual levy on all the taxable property in such county for the retirement of the principal and interest thereof as the same become due. The bonds provided for in such sections shall not be subject to nor included in any restrictions or limitations upon the amount of bonded indebtedness of the county contained in any other law affecting the county.Source   Laws 1947, c. 77, § 3, p. 242;   Laws 1965, c. 99, § 1, p. 418;   Laws 1969, c. 154, § 2, p. 723;   Laws 1979, LB 187, § 97;   Laws 1992, LB 719A, § 97.
NE Code § 23-320.04 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-320.04 - Flood control; liability on indemnity agreements; how paid; insurance.

23-320.04.  Flood control; liability on indemnity agreements; how paid; insurance.Any loss, damage or expense for which the county or the county board may be liable by reason of having entered into an indemnity agreement or undertaking to protect and defend the federal government against loss or damage resulting from or growing out of such flood control works or other similar projects, may be paid for by said county from any funds on hand received from the sale of the bonds issued under the provisions of sections 23-320.01 to 23-320.07; Provided, that said county board may for the purpose of saving and protecting the county from any such loss, damage or expense, apply for and purchase from any insurance or indemnity company authorized to transact business in this state, an insurance or indemnity policy or policies of insurance, and pay the cost of obtaining the same from any funds received from the sale of bonds issued under the provisions of sections 23-320.01 to 23-320.07.Source   Laws 1947, c. 77, § 4, p. 243;   Laws 1961, c. 89, § 3, p. 311.
NE Code § 23-320.05 (2021)
2021 Nebraska Revised Statutes|Chapter 23 - County Government and Officers|23-320.05 - Flood control; maintenance and operation; coordinated program; tax levy; special fund; establish; use.

23-320.05.  Flood control; maintenance and operation; coordinated program; tax levy; special fund; establish; use.For the purpose of maintaining and operating such flood control works or other similar projects as provided in sections 23-320.01 to 23-320.07 when the works or projects have been completed and turned over to the county and also for the purpose of developing and carrying out a coordinated soil and water resource program and program of flood control for the county, the county board of such county shall be empowered to make an annual tax levy of not to exceed one and seven-tenths cents on each one hundred dollars upon the taxable value of all the taxable property in such county. Pending approval of an authorized flood control plan, the county involved may establish a special flood and erosion control reserve fund. Such fund may be used for obtaining land, easements, and rights-of-way and relocating utilities in connection with water and erosion improvements that have authorization and construction approval. To aid in the growth of such fund, it may be invested in short-term securities authorized by section 77-2315. Money remaining in the fund at the completion of construction or the discontinuance of an authorized project may revert to the general fund. It shall be the duty of the county board and the county engineer to keep all such flood control works or other similar projects in serviceable condition and to make such repairs as may, from time to time, be necessary.Source   Laws 1947, c. 77, § 5, p. 243;   Laws 1953, c. 287, § 42, p. 955;   Laws 1955, c. 67, § 2, p. 219;   Laws 1961, c. 89, § 4, p. 312;   Laws 1965, c. 100, § 1, p. 420;   Laws 1979, LB 187, § 98;   Laws 1989, LB 5, § 1;   Laws 1992, LB 719A, § 98;   Laws 1996, LB 1114, § 42.