reglab/housing_qa huggingface dataset:
NE Code § 31-426 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-426 - Employees; contracts for construction and repair; estimates; letting; purchase of machinery; personal interest in contracts prohibited; effect.

31-426.  Employees; contracts for construction and repair; estimates; letting; purchase of machinery; personal interest in contracts prohibited; effect.The board of directors shall employ such engineer, surveyor, and other help, as it may deem necessary and proper, and shall proceed according to its best judgment to carry out such work of the character provided for by sections 31-401 to 31-450 as it deems advisable for the public health, convenience and welfare. The board of directors shall in its discretion, from time to time, determine whether the necessary work shall be done by hiring by the day, or by contract. Before any contract shall be let, estimates of the cost thereof shall be made, and the contract price shall not exceed the estimate. No officer or director shall be in any way interested in any such contract, and any such contract shall be void if any officer or director is interested therein, and no recovery shall be had thereon; Provided, however, that nothing in this section shall be construed to prevent the board of directors from hiring one of its members by the day to superintend maintenance work within the district. The board of directors shall likewise, when in its judgment it is for the best interest of the district, be empowered to purchase all necessary machinery and equipment for the purpose of maintaining, cleaning out or reconstructing existing ditches, or for the purpose of constructing new ditches within the district, and for such work may hire by the day, week or month, all necessary help.Source   Laws 1907, c. 153, § 20, p. 483;   R.S.1913, § 1890;   Laws 1921, c. 280, § 1, p. 924;   C.S.1922, § 1838;   C.S.1929, § 31-526;   R.S.1943, § 31-426. Annotations  This section indicates necessity of first, with aid of engineer, making detailed plans of the public work to be done. Haecke v. Eastern Sarpy County Drainage Dist., 141 Neb. 628, 4 N.W.2d 744 (1942). District, through its officers, is given discretion to adopt and carry out plans for drainage, without ordinarily being required to preserve ditches in perpetuity after once constructed. Compton v. Elkhorn Valley Drainage Dist., 120 Neb. 94, 231 N.W. 685 (1930).
NE Code § 31-427 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-427 - Directors; compensation.

31-427.  Directors; compensation.The board of directors shall receive two dollars per day compensation for time actually employed in the business of the district, not exceeding one hundred dollars each per year, but reasonable allowance shall be made for necessary clerical work and assistance.Source   Laws 1907, c. 153, § 21, p. 483;   R.S.1913, § 1891;   C.S.1922, § 1839;   C.S.1929, § 31-527;   R.S.1943, § 31-427.
NE Code § 31-429 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-429 - Draining lands into district ditches; requirements.

31-429.  Draining lands into district ditches; requirements.Lands within the drainage district which have been assessed for benefits may, under general rules and regulations to be made by the board of directors applicable to all similarly situated, be drained by the owners thereof by tiling or otherwise into the main or lateral drains. Owners of land within the district not assessed, or without the district, may drain such lands into the main or lateral drains of the drainage district upon contracting with the board of directors for the privilege, and paying therefor, but not otherwise.Source   Laws 1907, c. 153, § 23, p. 483;   R.S.1913, § 1893;   C.S.1922, § 1841;   C.S.1929, § 31-529;   R.S.1943, § 31-429.
NE Code § 31-430 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-430 - Power to cross highways and railroads.

31-430.  Power to cross highways and railroads.The district may dig ditches and drains under and across railroads and public highways.Source   Laws 1907, c. 153, § 24, p. 484;   R.S.1913, § 1894;   C.S.1922, § 1842;   C.S.1929, § 31-530;   R.S.1943, § 31-430. Annotations Section is constitutional and the county can impose no conditions. Douglas County v. Papillion Drainage District, 92 Neb. 771, 139 N.W. 718 (1913).
NE Code § 31-431 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-431 - Records; filing; fees of county clerk.

31-431.  Records; filing; fees of county clerk.The originals of all contracts of every kind in writing, made by or with the board of directors or officers, with reference to the construction or use of such public work, or the rights or obligations of the drainage district therein, shall be filed and recorded with the county clerk, who shall receive for all services the fees allowed by law for similar services.Source   Laws 1907, c. 153, § 25, p. 484;   R.S.1913, § 1895;   C.S.1922, § 1843;   C.S.1929, § 31-531;   R.S.1943, § 31-431.
NE Code § 31-432 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-432 - Director conveying or losing interest in land; vacancy created.

31-432.  Director conveying or losing interest in land; vacancy created.If any director shall sell and convey his assessed realty and not be an officer of a company interested, he shall no longer serve as director or officer.Source   Laws 1907, c. 153, § 26, p. 484;   R.S.1913, § 1896;   C.S.1922, § 1844;   C.S.1929, § 31-532;   R.S.1943, § 31-432.
NE Code § 31-433 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-433 - Appeal; time; effect.

31-433.  Appeal; time; effect.Any appeal to the Court of Appeals on any matter under sections 31-401 to 31-450 shall be taken within thirty days after the entry of the judgment, decree, or final order or within thirty days after the entry of the order overruling a motion for a new trial in such cause. Any such appeal shall not operate to stay proceedings.Source   Laws 1907, c. 153, § 27, p. 484;   R.S.1913, § 1897;   C.S.1922, § 1845;   C.S.1929, § 31-533;   R.S.1943, § 31-433;   Laws 1961, c. 138, § 4, p. 398;   Laws 1987, LB 33, § 7;   Laws 1991, LB 732, § 90;  Laws 1999, LB 43, § 19.
NE Code § 31-434 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-434 - Elections; voting by proxies; when permitted.

31-434.  Elections; voting by proxies; when permitted.At all elections any person living outside the different counties owning or controlling assessed real estate may vote by proxy duly authorized in writing on file with the county clerk.Source   Laws 1907, c. 153, § 28, p. 484;   R.S.1913, § 1898;   C.S.1922, § 1846;   C.S.1929, § 31-534;   R.S.1943, § 31-434.
NE Code § 31-435 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-435 - Accounts; treasurer's annual report; neglect by officers; penalty.

31-435.  Accounts; treasurer's annual report; neglect by officers; penalty.The officers of the district shall keep good, complete and businesslike records of all receipts and disbursements, and the purpose thereof and of all business transacted, and all books, papers and vouchers shall at all times be subject to public inspection. The treasurer shall annually make detailed report in writing of all receipts and disbursements, which report shall contain a statement of the funds on hand belonging to the district, together with the amount if any in the hands of the county treasurer, and all money received during the preceding year from all sources, and shall show all items of disbursement, the person or persons to whom, and the object for which the same has been paid out, including all compensation paid to officers of said district, and all other expenses of administration. The statement shall be verified under oath, and a copy of the same shall be filed with the county clerk of each county having land within said district, April 1 of each year, and the treasurer shall have such report subject to inspection at each annual meeting. If any such treasurer shall fail or neglect to make out such report or to file the same with the county clerk, or if any officer of such drainage district shall neglect or refuse to submit for inspection any records or papers of said district upon demand of any person interested, or shall otherwise neglect to perform any duties imposed upon him by this section, he shall be guilty of a Class V misdemeanor.Source   Laws 1907, c. 153, § 29, p. 484;   R.S.1913, § 1899;   Laws 1915, c. 28, § 1, p. 90;   C.S.1922, § 1847;   C.S.1929, § 31-535;   R.S.1943, § 31-435;   Laws 1977, LB 40, § 117.
NE Code § 31-436.01 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-436.01 - Drainage district; located in more than one county; inactive for five years; county board; dissolve; procedure; funds; distribution.

31-436.01.  Drainage district; located in more than one county; inactive for five years; county board; dissolve; procedure; funds; distribution.When any drainage district organized under the provisions of sections 31-401 to 31-408 is comprised of territory located in more than one county and is inactive for a period of at least five years, as determined by resolution of the county board of the county in which such district was organized, the county board may initiate action for dissolution of the district in the manner provided in subsection (1) of section 31-436. When any drainage district is dissolved as authorized in this section, any remaining funds of the district shall be distributed to the counties in which the district is situated in the same proportion as the area of the district in each county bears to the total area of the district, and shall be deposited in the general fund of the respective counties.Source  Laws 1967, c. 187, § 3, p. 513.
NE Code § 31-437 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-437 - Sections construed; limitation on powers.

31-437.  Sections construed; limitation on powers.None of the provisions of sections 31-401 to 31-450 shall be construed as repealing or in anywise modifying the provisions of any other act relating to the subject of drainage. Nothing therein contained shall be deemed to authorize any drainage district 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 proper compensation be ascertained and paid therefor under the laws of this state relating to the taking of private property for public use. No change of the channel or location of any river or stream dividing counties shall operate to relieve either county from contribution to the building and repairing of any bridge over such river or stream, but said liability shall continue, notwithstanding work done under said sections may remove any river or stream from the boundary line between counties.Source   Laws 1907, c. 153, § 31, p. 485;   R.S.1913, § 1901;   C.S.1922, § 1849;   C.S.1929, § 31-537;   R.S.1943, § 31-437. Annotations Right of landowner to recover compensation for taking of private property for public use is recognized. Armbruster v. Stanton-Pilger Drainage Dist., 169 Neb. 594, 100 N.W.2d 781 (1960).
NE Code § 31-438 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-438 - Enlarging district; procedure.

31-438.  Enlarging district; procedure.When it is deemed advisable by the board of directors of district to enlarge the boundaries thereof and the conditions mentioned in section 31-401 apply to such enlarged territory, a petition for the enlargement of the district, signed by a majority of the board of directors of the district and by ten owners of land within the territory proposed to be added to the district or, if there are less than twenty such owners, then by at least one-fourth of such owners, may be filed with the county clerk of the county where the original petition was filed. Upon the filing of a petition for the enlargement of a district, the county board, county surveyor, and county clerk of the county shall proceed in all respects as provided in sections 31-402 to 31-408, so far as applicable. The board of directors of the district, at the time of filing such petition for enlargement with the county clerk, may prescribe the conditions on which the additional territory is to be added, which conditions shall be based upon the work previously done by the district and with a view to equalizing assessments according to benefits, and such conditions shall be binding on the enlarged district if formed. Any person may appeal to the district court from the imposing of such conditions in the manner provided for appeals by section 31-412. The appeal shall be taken within thirty days from the time of completing the canvass of the votes of such election. The additional territory shall be deemed added to the district only if a majority of the votes voted thereon in the original district and a majority of the votes voted thereon in the proposed new territory shall each be in favor of such enlarged district. The board of directors of the original district shall constitute the board of directors of the enlarged district.Source   Laws 1909, c. 150, § 1, p. 531;   R.S.1913, § 1902;   C.S.1922, § 1850;   C.S.1929, § 31-538;   R.S.1943, § 31-438;   Laws 1989, LB 26, § 2.
NE Code § 31-439 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-439 - Detaching territory; procedure.

31-439.  Detaching territory; procedure.Whenever the board of directors of any district deems it advisable to detach any portion of the district, which portion shall not have been apportioned for benefits, or having been apportioned, the amount having all been paid, the board of directors may submit at any annual election of the district the proposition of detaching such portion. If a majority of the votes cast on that question are in favor of the proposition to detach, the same shall be deemed carried, and the territory shall thereupon cease to be within the drainage district, and shall stand in the same plight as if never attached. The officers of the district shall certify the same to the county clerk, who shall make a record thereof.Source   Laws 1909, c. 150, § 1, p. 532;   R.S.1913, § 1903;   C.S.1922, § 1851;   C.S.1929, § 31-539;   R.S.1943, § 31-439.
NE Code § 31-440 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-440 - Overlapping districts; assessments, how determined.

31-440.  Overlapping districts; assessments, how determined.Two or more districts formed under the provisions of sections 31-401 to 31-408, or any district formed under the provisions of said sections, and any district formed under any other law of this state, may overlap each other. In such event any land in more than one district shall be assessable by each district for its equitable proportion of the benefits received from the improvements by such district.Source   Laws 1909, c. 150, § 1, p. 533;   R.S.1913, § 1904;   C.S.1922, § 1852;   C.S.1929, § 31-540;   R.S.1943, § 31-440.
NE Code § 31-441 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-441 - Changing voting place from county seat; procedure.

31-441.  Changing voting place from county seat; procedure.When a district has been formed, the board of directors shall have power by a three-fifths vote to declare the county seat an inconvenient place for holding elections, and shall certify the same to the proper county clerk. Thereupon all elections of the district other than those for enlarging the boundaries and those annual elections held pursuant to section 31-409.01 shall be held at a place to be designated each year by the board of directors and within the district, and the county clerk of the county previously having charge of the matter shall each year appoint three resident freeholders of the district to act as an election and canvassing board, and the parties so appointed, or if they fail to appear, any other parties chosen by electors present at the election, shall constitute the election and canvassing board, with the same powers given to the county clerk and his or her assistants by section 31-407.Source   Laws 1909, c. 150, § 1, p. 533;   R.S.1913, § 1905;   C.S.1922, § 1853;   C.S.1929, § 31-541;   R.S.1943, § 31-441;   Laws 1983, LB 191, § 4.
NE Code § 31-442 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-442 - Fixing boundaries; procedure; petition; hearing.

31-442.  Fixing boundaries; procedure; petition; hearing.Upon filing the petition mentioned in section 31-402, the county clerk shall designate and endorse thereon a day for the hearing and determination of said petition by the county board which shall not be less than fourteen days subsequent to the filing of the petition, and the county board may pass on the petition and fix the boundaries at any time on or after the date fixed by the county clerk.Source   Laws 1909, c. 150, § 1, p. 533;   R.S.1913, § 1906;   C.S.1922, § 1854;   C.S.1929, § 31-542;   R.S.1943, § 31-442.
NE Code § 31-444 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-444 - Ditches; outlets beyond district boundaries; acquisition; procedure.

31-444.  Ditches; outlets beyond district boundaries; acquisition; procedure.The drainage district may go beyond the limits of its district for an outlet to its drainage system, or for the purpose of conducting its main ditch or ditches, and may purchase, acquire, or condemn any needed real estate therefor. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.Source   Laws 1909, c. 150, § 1, p. 534;   R.S.1913, § 1908;   C.S.1922, § 1856;   C.S.1929, § 31-544;   R.S.1943, § 31-444;   Laws 1951, c. 101, § 75, p. 481.
NE Code § 31-445 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-445 - Obstructing ditch, drain, or watercourse; penalty.

31-445.  Obstructing ditch, drain, or watercourse; penalty.It shall be unlawful to obstruct in any manner the flow of water in any ditch, drain or watercourse constructed, improved or used by such drainage district, or to injure or disturb in any manner any dike, levee, or other work constructed in whole or in part, or owned by any drainage district. Any person violating any provision of this section shall be guilty of a misdemeanor, and shall upon conviction be punished by a fine not exceeding one hundred dollars, or by imprisonment in the county jail not exceeding six months, and shall stand committed until the fine and costs are paid. He shall also be liable to the drainage district and to any person injured for all damages sustained by reason of such violation.Source   Laws 1909, c. 150, § 1, p. 534;   R.S.1913, § 1909;   C.S.1922, § 1857;   C.S.1929, § 31-545;   R.S.1943, § 31-445.
NE Code § 31-447 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-447 - Special assessment liens; vendor and purchaser; apportionment; filing with county clerk.

31-447.  Special assessment liens; vendor and purchaser; apportionment; filing with county clerk.All special assessments provided for under sections 31-401 to 31-450 shall, as between vendor and purchaser, be a lien upon the real property involved from and upon the filing with the county clerk of the lists of the tracts, with the amount of money chargeable to each, as provided for in section 31-424, or if the board of directors has elected the tax levy method of financing, all special assessments provided for under sections 31-401 to 31-450 shall, as between vendor and purchaser, be a lien upon the real property involved from and upon the filing with the county clerk of the property tax rolls and the taxable value of the taxable personal property of each taxpayer as provided for in section 31-411.02.Source   Laws 1911, c. 145, § 1, p. 486;   R.S.1913, § 1911;   C.S.1922, § 1859;   C.S.1929, § 31-547;   R.S.1943, § 31-447;   Laws 1969, c. 245, § 12, p. 903;   Laws 1979, LB 187, § 133;   Laws 1992, LB 1063, § 27;   Laws 1992, Second Spec. Sess., LB 1, § 27.
NE Code § 31-448 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-448 - Assessment of benefits to highways and public property; payment.

31-448.  Assessment of benefits to highways and public property; payment.The assessment for benefits to public highways and streets and other public property that may have been benefited, shall be paid out of such fund of the county, city, village or other public corporation involved, as the officers thereof may deem most available for such purpose.Source   Laws 1911, c. 145, § 1, p. 486;   R.S.1913, § 1912;   C.S.1922, § 1860;   C.S.1929, § 31-548;   R.S.1943, § 31-448.
NE Code § 31-449 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-449 - Invalid assessment; reapportionment; relevy; how made.

31-449.  Invalid assessment; reapportionment; relevy; how made.If for any reason any apportionment of benefits or levy heretofore or hereafter made is or shall be invalid, a reapportionment of benefits and relevy shall be made, but no such reapportionment shall be made until at least ten days' notice by publication in a newspaper in each county involved shall be given of a hearing on such reapportionment, and notice shall be given of the same when made, and appeals may be taken therefrom as provided in the original apportionment. Such reapportionment and relevy shall be made on such terms and in such a manner as to do justice and equity to all persons and interests, having due regard to payments made, if any, under such invalid apportionment or levy.Source   Laws 1911, c. 145, § 1, p. 486;   R.S.1913, § 1913;   C.S.1922, § 1861;   C.S.1929, § 31-549;   R.S.1943, § 31-449. Annotations  Reassessment of benefits is provided for when original assessment is invalid. Shanahan v. Johnson, 170 Neb. 399, 102 N.W.2d 858 (1960). Notice to landowners is required upon reapportionment of benefits. Prucka v. Eastern Sarpy Drainage Dist., 157 Neb. 284, 59 N.W.2d 761 (1953).