reglab/housing_qa huggingface dataset:
NE Code § 31-134 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-134 - Obstructing drainage ditch; penalty.

31-134.  Obstructing drainage ditch; penalty.Any person or persons or association of any kind or any corporation, who shall either for himself or for another deposit within the banks, limits or right-of-way of any drain or ditch, that has been, or shall hereafter be constructed under the terms and provisions of sections 31-101 to 31-138, or within the banks of watercourses or draws, or within any road ditches along any public highways that lead or empty into such drains or ditches, any brush, trees, hay, straw, manure or any other debris, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than ten dollars nor more than fifty dollars, and shall moreover be liable in damages to any party injured.Source   Laws 1881, c. 51, § 27, p. 246;   Laws 1905, c. 159, § 1, p. 608;   Laws 1909, c. 142, § 1, p. 500;   Laws 1911, c. 140, § 27, p. 464;   R.S.1913, § 1751;   C.S.1922, § 1698;   C.S.1929, § 31-134;   R.S.1943, § 31-134.
NE Code § 31-135 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-135 - Drainage ditches; petition to clean and place in efficient condition.

31-135.  Drainage ditches; petition to clean and place in efficient condition.In any county wherein a drainage ditch has been constructed under the provisions of sections 31-101 to 31-134, or by any drainage district which shall have been dissolved, a petition may be filed with the county clerk, signed by at least twenty-five percent of the landowners benefited by any such ditch, praying that the county board may cause such ditch to be cleared and placed in efficient condition and the cost thereof apportioned equitably.Source   Laws 1911, c. 141, § 1, p. 465;   R.S.1913, § 1752;   C.S.1922, § 1699;   Laws 1929, c. 130, § 2, p. 481;   C.S.1929, § 31-135;   R.S.1943, § 31-135;   Laws 1949, c. 79, § 1, p. 212.
NE Code § 31-136 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-136 - Drainage ditches; petition; survey; cost estimate.

31-136.  Drainage ditches; petition; survey; cost estimate.Upon the filing of the petition provided for in section 31-135, it shall be the duty of the county board to cause a survey and estimate of the cost of such improvement to be made by some competent surveyor within sixty days thereafter.Source   Laws 1911, c. 141, § 2, p. 465;   R.S.1913, § 1753;   C.S.1922, § 1700;   C.S.1929, § 31-136;   R.S.1943, § 31-136.
NE Code § 31-137 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-137 - Drainage ditches; petition; hearing; notice.

31-137.  Drainage ditches; petition; hearing; notice.Upon filing of the report and estimate of the surveyor in the office of the county clerk, it shall be the duty of the county board to set a day for hearing thereon, not more than forty days from the date of said filing, and to give notice by publication thereof for three weeks in some newspaper of general circulation in the county.Source   Laws 1911, c. 141, § 3, p. 465;   R.S.1913, § 1754;   C.S.1922, § 1701;   C.S.1929, § 31-137;   R.S.1943, § 31-137.
NE Code § 31-138 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-138 - Drainage ditches; petition; procedure; cost of improvement; how paid.

31-138.  Drainage ditches; petition; procedure; cost of improvement; how paid.The proceedings in regard to the hearing by the county board on the petition and surveyor's report, orders of the county board, appeals, letting of contracts for cleaning ditches as provided for by sections 31-135 to 31-137, supervision thereof, assessment of cost and collection of the same shall be governed, so far as applicable, by the provisions of sections 31-101 to 31-134 relating to the original construction of ditches. Any expenses for clearing ditches and placing them in efficient condition shall be defrayed by a special tax on the lands benefited, apportioned as provided in sections 31-101 to 31-134, for the original cost of constructing the ditch or ditches.Source   Laws 1911, c. 141, § 4, p. 465;   R.S.1913, § 1755;   C.S.1922, § 1702;   C.S.1929, § 31-138;   R.S.1943, § 31-138;   Laws 1961, c. 138, § 1, p. 396.
NE Code § 31-139 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-139 - Drainage ditch; transfer to drainage district; petition.

31-139.  Drainage ditch; transfer to drainage district; petition.In any county wherein a drainage ditch has been constructed under the provisions of sections 31-101 to 31-134, or by any drainage district which shall have been dissolved, which benefits an area in part within or adjacent to the boundaries of a drainage district organized under Chapter 31, article 3 or 4, a petition may be filed with the county clerk, signed by at least three of the land owners within the district or the proposed district, praying that the county board cause such ditch to be transferred so as to become a part of and operated and maintained in the same manner as the ditch or ditches of a drainage district created under the provisions of Chapter 31, article 3 or 4. Such petition must bear the approval of a majority of the board of directors of such drainage district to which it is to be attached.Source  Laws 1965, c. 155, § 1, p. 500.
NE Code § 31-140 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-140 - Drainage ditch; transfer; hearing; notice.

31-140.  Drainage ditch; transfer; hearing; notice.Upon the filing of such petition it shall be the duty of the county board to set a day for hearing thereon, not more than fifty days from the date of such filing and to give notice by publication thereof for one week in some newspaper of general circulation in the county and the county clerk shall mail a copy of such notice to each of the landowners benefited by such ditch, as shown by the records of the office of the county treasurer, not less than ten days before such hearing.Source  Laws 1965, c. 155, § 2, p. 501.
NE Code § 31-141 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-141 - Drainage ditch; transfer; hearing; findings.

31-141.  Drainage ditch; transfer; hearing; findings.The county board may, after public hearing on the petition, thereupon change the boundaries of the original drainage district organized under the provisions of Chapter 31, article 3 or 4, so as to include the area benefited by the drainage ditch constructed under the provisions of sections 31-101 to 31-134, or by the drainage district which has been dissolved; Provided, that the county board shall first find and determine that such change of boundaries is just and will be conducive to the public health, convenience or welfare.Source  Laws 1965, c. 155, § 3, p. 501.
NE Code § 31-142 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-142 - Drainage ditch; transfer; powers of drainage district.

31-142.  Drainage ditch; transfer; powers of drainage district.Upon the inclusion of any drainage ditch constructed under the provisions of sections 31-101 to 31-134, or of any drainage district which shall have been dissolved, which benefits an area in part within or adjacent to the boundaries of a drainage district organized under the provisions of Chapter 31, article 3 or 4, the board of directors of the district to which such transfer shall have been made shall operate and maintain the ditch so transferred in the same manner as the ditches originally constructed by such district and shall have the power to levy taxes upon the lands benefited thereby in the same manner as in the case of the ditch or ditches constructed by such district.Source  Laws 1965, c. 155, § 4, p. 501.
NE Code § 31-202.01 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-202.01 - Watercourses; obstructions; power of county board.

31-202.01.  Watercourses; obstructions; power of county board.In all counties the county board shall have the power to cause all natural watercourses to be kept clean and free of obstructions.Source   Laws 1951, c. 95, § 1, p. 263;   Laws 1969, c. 246, § 1, p. 904.
NE Code § 31-202.02 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-202.02 - Watercourses; obstructions; petition by landowners.

31-202.02.  Watercourses; obstructions; petition by landowners.Whenever any natural watercourse in a county is filled with trees, silt, or debris in such a manner as to obstruct the natural flow thereof and cause damage by flooding of adjacent lands, any five landowners owning land in such county abutting on the natural watercourse may, by petition, request the county board to cause same to be cleaned out and rendered free of obstructions.Source   Laws 1951, c. 95, § 2, p. 263;   Laws 1972, LB 1053, § 1.  Annotations  Under the facts in this case, the depression or draw involved does not qualify as a watercourse as defined in this section. Peters v. Langrehr, 188 Neb. 480, 197 N.W.2d 698 (1972). Where springs are source of definite watercourse, owner of land does not have exclusive right to control and use. Brummund v. Vogel, 184 Neb. 415, 168 N.W.2d 24 (1969).
NE Code § 31-202.03 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-202.03 - Watercourses; obstructions; cost; special assessment.

31-202.03.  Watercourses; obstructions; cost; special assessment.The county board, upon receipt of a request pursuant to section 31-202.02, may, if the board finds natural flow is being obstructed, cause the natural watercourse to be cleaned out. The cost thereof shall be levied as a special assessment and apportioned among the property owners specially benefited thereby and collected in the same manner as special assessments are levied and collected for drainage improvements under sections 31-121 to 31-124.Source   Laws 1951, c. 95, § 3, p. 264;   Laws 1972, LB 1053, § 2;  Laws 2015, LB361, § 49.
NE Code § 31-203 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-203 - Drainage supervisors, county board act as; powers.

31-203.  Drainage supervisors, county board act as; powers.The members of the county board shall be the drainage supervisors in and for their respective counties, and as such shall be a body politic and corporate, and shall be the corporate authorities of all the drainage districts within their respective counties.Source   Laws 1911, c. 142, § 3, p. 467;   R.S.1913, § 1773;   C.S.1922, § 1720;   C.S.1929, § 31-303;   R.S.1943, § 31-203.
NE Code § 31-204 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-204 - Drains or ditches; petition for construction or maintenance; bond for costs and expenses.

31-204.  Drains or ditches; petition for construction or maintenance; bond for costs and expenses.Any person or persons desiring the construction of any drain or drains, ditch or ditches, or the repair and maintenance of the same, may file a petition with the county board, accompanied with a good and sufficient bond, to be approved by such board, conditioned to pay all costs and expenses of a surveyor or engineer in surveying the proposed ditch or drain and the land affected thereby as hereinafter provided, in case such ditch or drain shall not be deemed necessary for the public welfare, or for agricultural or sanitary purposes, by said board of drainage supervisors.Source   Laws 1911, c. 142, § 4, p. 467;   R.S.1913, § 1774;   C.S.1922, § 1721;   C.S.1929, § 31-304;   R.S.1943, § 31-204.
NE Code § 31-205 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-205 - Drains or ditches; petition; contents.

31-205.  Drains or ditches; petition; contents.The petition shall set forth a description of the ditch or ditches, drain or drains, stating the boundaries of the ditch or drain, giving the number of sections or fractional parts thereof, and stating that the proposed drain or ditch shall empty into a watercourse or depression or draw whereby the water flowing therein will be carried into a natural watercourse; and that such drain or ditch is necessary for agricultural or sanitary purposes, and that it will be conducive to the public welfare.Source   Laws 1911, c. 142, § 5, p. 467;   R.S.1913, § 1775;   C.S.1922, § 1722;   C.S.1929, § 31-305;   R.S.1943, § 31-205.
NE Code § 31-206 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-206 - Drains or ditches; survey; estimates.

31-206.  Drains or ditches; survey; estimates.Whenever the petition and bond as provided for in sections 31-204 and 31-205 have been filed with the county board and the bond approved by it, the board shall cause said ditch or ditches, drain or drains, and the lands or lots affected thereby to be surveyed, and may for this purpose, in its discretion, employ a civil engineer or surveyor, other than the county surveyor. Such surveyor or civil engineer shall proceed to make such survey and estimates as the board may direct, and shall make and return to the board a map or plat of his or their survey and a full report of all estimates so required of him or them by the board.Source   Laws 1911, c. 142, § 6, p. 467;   R.S.1913, § 1776;   C.S.1922, § 1723;   C.S.1929, § 31-306;   R.S.1943, § 31-206.
NE Code § 31-207 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-207 - Drains or ditches; notice of hearing on petition; contents; service.

31-207.  Drains or ditches; notice of hearing on petition; contents; service.Upon the filing and examination of the report of the surveyor or civil engineer as provided in section 31-206, the county board shall examine the same and, if it finds that the ditch or ditches, drain or drains, is or are necessary for agricultural or sanitary purposes, that they will be conducive to the public welfare, and that the benefits to be derived therefrom will equal or exceed the cost of procuring the right-of-way therefor and the expense of constructing the same, the board shall cause the county clerk to notify all landowners whose lands or lots may be damaged, taken, affected or crossed by such ditch or drain at least five days prior to the day set for hearing said matter. Such notice shall be given in writing by personal service, or by a copy thereof being left at the usual place of residence of the owner or owners of said lands or lots, if the owner or owners of the lands or lots are residents of the county, the notice to be served by the sheriff of the county, unless the owner or owners of the lands or lots shall in writing accept service thereof. If the owner or owners of such lands or lots are nonresidents of the county, then the notice shall be published once each week for three successive weeks in some newspaper published and of general circulation in the county, and if no newspaper is published in the county, such notice shall be published in some newspaper having a general circulation therein. The board shall also cause a notice to be served upon the occupant or occupants or agents, if any, of the lands or lots belonging to any nonresident owner or owners. The notice shall state the time and place when all matters relating to such ditch or drain will be heard, the land affected thereby, and the time of the appointment of the appraisers as hereinafter provided.Source   Laws 1911, c. 142, § 7, p. 468;   R.S.1913, § 1777;   C.S.1922, § 1724;   C.S.1929, § 31-307;   R.S.1943, § 31-207. Annotations Word landowner embraces mortgagees of record and notice must be given to them of proposed organization of drainage district under this article before special assessments levied against land can become liens superior to their liens. Board of Commissioners of Hamilton County v. Northwestern Mut. Life Ins. Co., 114 Neb. 596, 209 N.W. 256 (1926).
NE Code § 31-208 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-208 - Drains or ditches; appraisers; appointment.

31-208.  Drains or ditches; appraisers; appointment.At the time and place fixed in the notice as provided in section 31-207, the county board may again consider the question of public utility, if requested so to do by any interested party, and may also consider the advisability of such improvements, although it be found to be of public utility, and if no reconsideration is had on the question of public utility, and upon such hearing the construction of such improvements is deemed advisable, the board shall proceed to appoint three disinterested freeholders, residents of the county, who shall act as appraisers for that particular case.Source   Laws 1911, c. 142, § 8, p. 469;   R.S.1913, § 1778;   C.S.1922, § 1725;   C.S.1929, § 31-308;   R.S.1943, § 31-208.
NE Code § 31-209 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-209 - Drains or ditches; appraisers; oath; procuring right-of-way.

31-209.  Drains or ditches; appraisers; oath; procuring right-of-way.The appraisers shall first take and subscribe to an oath to well and truly perform the duties required of them as such appraisers, and they shall then proceed to procure the right-of-way for the ditch or ditches, drain or drains, from the owner or owners of the lands or lots which may be crossed by such ditch or drain so far as they may be able so to do by agreement with the owners, which release or releases of the right-of-way shall be in writing and duly acknowledged by the grantor or grantors, and shall upon consideration thereof and upon confirmation of the acts of the appraisers by the county board, be a perpetual bar to all claims for damages by the grantor or grantors, or their assigns, on account of the construction of such ditch or ditches, drain or drains. Such release or releases shall be filed and recorded in the office of the county clerk or register of deeds in and for the county in which said lands or lots are situated.Source   Laws 1911, c. 142, § 8, p. 469;   R.S.1913, § 1779;   C.S.1922, § 1726;   C.S.1929, § 31-309;   R.S.1943, § 31-209.
NE Code § 31-210 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-210 - Drains or ditches; failure of mutual agreement; right of eminent domain; procedure.

31-210.  Drains or ditches; failure of mutual agreement; right of eminent domain; procedure.If the appraisers shall for any reason fail to procure the right-of-way for the proposed ditch or ditches, drain or drains, from any of the owners of the land crossed thereby, by a mutual agreement with such owners, the county board may acquire same by the exercise of the power of eminent domain. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.Source   Laws 1911, c. 142, § 9, p. 469;   R.S.1913, § 1780;   C.S.1922, § 1727;   C.S.1929, § 31-310;   R.S.1943, § 31-210;   Laws 1951, c. 101, § 71, p. 479;   Laws 1961, c. 138, § 2, p. 396.
NE Code § 31-211 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-211 - Drains or ditches; appraisal; costs; damages; assessments.

31-211.  Drains or ditches; appraisal; costs; damages; assessments.The appraisers shall ascertain as nearly as may be the actual cost of construction of the ditch or ditches, drain or drains, together with all costs relating thereto, including the costs of the surveyor and engineer and the costs of appraisement and advertising, and shall ascertain to the best of their judgment the amount of the benefits which will accrue to each tract of land to be benefited thereby, and shall appraise and determine the amount of damage sustained by each landowner whose premises may be crossed by the proposed ditch or drain and award the same, and shall assess to each tract of land benefited by the construction of such improvements, its proportionate share of the costs of the right-of-way thereof, the costs of construction and other expenses above mentioned. They shall thereupon make and file with the county clerk a full and complete report of their acts and doings in the premises, together with the releases obtained from the property owners along the right-of-way of the proposed ditch or drain, and a statement of the amount or amounts to be paid for such release or releases. They shall also file an assessment roll therewith in which shall appear in proper columns the names of the owners, if known, and if unknown so stated, a description of the premises affected, the number of acres in each tract of land so affected and the value thereof, and if damages are allowed, the amount of the same, and if benefits are assessed the amount thereof.Source   Laws 1911, c. 142, § 10, p. 470;   R.S.1913, § 1781;   C.S.1922, § 1728;   C.S.1929, § 31-311;   R.S.1943, § 31-211. Annotations Where notice to mortgagee was not given, lien of special assessments was subject to lien of the mortgage. Board of Commissioners of Hamilton County v. Northwestern Mut. Life Ins. Co., 114 Neb. 596, 209 N.W. 256 (1926).
NE Code § 31-212 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-212 - Drains or ditches; highway benefits; assessment to county or township.

31-212.  Drains or ditches; highway benefits; assessment to county or township.In case the public highways shall be benefited by the construction of such proposed ditch or ditches, drain or drains, the appraisers shall determine as nearly as may be the amount of such benefits so accruing to the township or county, as the case may be, and said township or county shall pay such pro rata share of the costs and expenses of the construction of the ditch or ditches, drain or drains.Source   Laws 1911, c. 142, § 11, p. 471;   R.S.1913, § 1782;   C.S.1922, § 1729;   C.S.1929, § 31-312;   R.S.1943, § 31-212.
NE Code § 31-213 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-213 - Drains or ditches; appraisers; report; assessment roll; when filed; confirmation.

31-213.  Drains or ditches; appraisers; report; assessment roll; when filed; confirmation.The appraisers shall within twenty days from the date of their appointment file their report and assessment roll with the county clerk, and any person or persons or corporation owning land affected by the proceedings may, within thirty days from the date of the appointment of the appraisers, file with the county clerk objections to the report or assessment roll, or settlement made by the appraisers on any point, including the amount or amounts proposed to be paid for voluntary releases. If no objections are filed to the report and assessment roll, the county board at its next regular or adjourned session after the expiration of the time for filing objections, shall, if deemed advisable, confirm such report and assessment roll.Source   Laws 1911, c. 142, § 12, p. 471;   R.S.1913, § 1783;   C.S.1922, § 1730;   C.S.1929, § 31-313;   R.S.1943, § 31-213.
NE Code § 31-214 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-214 - Drains or ditches; report; assessment roll; notice of objections.

31-214.  Drains or ditches; report; assessment roll; notice of objections.If objections are filed to any matter contained in the report or assessment roll, the county clerk shall thereupon issue a notice to all interested parties concerned therein, which notice shall be served upon such parties, if residents of the county, at least three days prior to the consideration of the matter by the county board, and if the interested parties are nonresidents, notice shall be published, in one issue of the official newspaper published and of general circulation in the county, at least ten days prior to the day when the matter will be heard by the county board.Source   Laws 1911, c. 142, § 12, p. 471;   R.S.1913, § 1784;   C.S.1922, § 1731;   C.S.1929, § 31-314;   R.S.1943, § 31-214.
NE Code § 31-215 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-215 - Drains or ditches; report; assessment roll; hearing on objections; procedure.

31-215.  Drains or ditches; report; assessment roll; hearing on objections; procedure.At the time fixed in the notice, or on any adjourned day thereafter, the board shall proceed to hear and determine all matters in relation to the objections, and for that purpose may take the sworn testimony of witnesses produced by interested parties to the controversy and may in its discretion change the amount of the assessment made, and the damages awarded by the appraisers.Source   Laws 1911, c. 142, § 12, p. 471;   R.S.1913, § 1785;   C.S.1922, § 1732;   C.S.1929, § 31-315;   R.S.1943, § 31-215.