reglab/housing_qa huggingface dataset:
NE Code § 31-306 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-306 - First board of supervisors; election; number; basis of representation; succeeding boards, how chosen.

31-306.  First board of supervisors; election; number; basis of representation; succeeding boards, how chosen.Within thirty days after the district court shall have declared any drainage district organized, the clerk of the court shall, upon fifteen days' notice, call a meeting of the owners of the real estate situated in the district, at the day and hour specified, in some public place in the county in which the district was organized, for the purpose of electing a board of five supervisors to be composed of owners of real estate in the district and a majority of whom shall be residents of the county or counties in which such district is situated. At such election every acre of land shall represent one share and each owner shall be entitled to one vote for every acre of land owned by him in such district. The five persons receiving the highest number of votes shall be declared elected as supervisors, and they shall immediately, by lot, determine their terms of office, which shall be respectively, one, two, three, four and five years, and until their successors are elected and qualified; Provided, however, at any time thereafter not more often than once in twelve months, upon the petition of the owners of at least twenty percent of the land acreage within the drainage district, an election shall be called for the selection of a new board, and upon the filing of such petitions with the secretary of the board, notice of such election shall be given by the secretary in the same manner and for the same time as is provided for at the original election under the notice given by the clerk of the district court. Special elections shall in all respects be governed by the provisions applicable to the regular election herein provided for.Source   Laws 1905, c. 161, § 5, p. 613;   Laws 1907, c. 152, § 1, p. 466;   Laws 1911, c. 144, § 1, p. 476;   R.S.1913, § 1801;   C.S.1922, § 1748;   C.S.1929, § 31-405;   R.S.1943, § 31-306. Annotations  Objections that subject of amendment was not referred to in original act, and not germane thereto, were not valid after inclusion in statutory revisions. Lost Creek Drainage Dist. v. Kring, 193 Neb. 450, 227 N.W.2d 421 (1975). Where no resident owner signed the petition, court is justified in denying organization. Catron v. Dailey, 84 Neb. 487, 121 N.W. 462 (1909).
NE Code § 31-307 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-307 - Supervisors; annual elections; notice.

31-307.  Supervisors; annual elections; notice.Every year after the election of the first board of supervisors, at such time and place in the county in which the district was organized as the board of supervisors may designate, and upon not less than fifteen days' notice, unless waived in writing, such owners shall meet and elect one supervisor in the same manner as provided in section 31-306, who shall hold his office for five years and until his successor is elected and qualified. Notice may be given by personal service or by publication for two weeks in a newspaper in each county in the district and of general circulation therein, which notice shall be sufficient if it notifies the landowners of the district without naming them individually, of the time, place, and purpose of the meeting. The secretary of the board shall mail to the last-known post office address of each owner of land in the district a copy of a published notice. In case of a vacancy in any office of supervisor, the remaining supervisors may fill such vacancy until the next annual election when a successor shall be elected for the unexpired term.Source   Laws 1905, c. 161, § 6, p. 613;   Laws 1907, c. 152, § 2, p. 467;   R.S.1913, § 1802;   C.S.1922, § 1749;   C.S.1929, § 31-406;   R.S.1943, § 31-307. Annotations Objections that subject of amendment was not referred to in title to original act, and not germane thereto, were not valid after inclusion in statutory revisions. Lost Creek Drainage Dist. v. Kring, 193 Neb. 450, 227 N.W.2d 421 (1975).
NE Code § 31-308 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-308 - Supervisors; oath; bond; auditing of accounts.

31-308.  Supervisors; oath; bond; auditing of accounts.Each supervisor, before entering upon his official duties as such, shall take and subscribe an oath before some officer authorized by law to administer oaths, that he will honestly, faithfully, and impartially demean himself in office as supervisor of the various districts in which he was elected, and that he will not neglect any of the duties imposed upon him by law. The president and secretary of the drainage board shall each enter into a bond in the sum of ten thousand dollars to the district for the faithful performance of his duties as such officer. Each of the remaining members of the board shall give bond in the sum of twenty-five hundred dollars, conditioned in the same manner. All of such bonds shall be approved by the clerk of the district court, and the expense of such bonds shall be paid by the drainage district; Provided, however, upon the completion of the drainage improvements of the district the amount of all of the bonds shall be reduced to the sum of fifteen hundred dollars each. All expenditures of the drainage district shall from time to time be audited by a committee of three elected by the landowners of each district at their annual meeting for the election of officers. Such auditing committee shall file written reports of its examinations with the secretary of the drainage district.Source   Laws 1905, c. 161, § 7, p. 614;   Laws 1911, c. 144, § 2, p. 477;   R.S.1913, § 1803;   C.S.1922, § 1750;   C.S.1929, § 31-407;   R.S.1943, § 31-308.
NE Code § 31-309 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-309 - Officers and assistants; reports; compensation.

31-309.  Officers and assistants; reports; compensation.The board of supervisors shall, immediately after its election, choose one of its number chairperson and another secretary. The board may adopt a seal, with a suitable device, and shall keep a record of all its proceedings open to the inspection of all owners of real estate in the drainage district. At each annual meeting the board shall make a report of what work has been done and shall annually publish a statement of its receipts and expenditures in a legal newspaper printed, published, and of general circulation in the county in which the district was organized or, if none is printed and published in the county, in a legal newspaper of general circulation in such county where the district was organized. The supervisors shall receive two dollars per day compensation for time actually employed in the business of the district, not exceeding eighty dollars each per year, but reasonable allowance shall be made for necessary clerical work and assistance, and the secretary shall receive for his or her services such compensation as the board of supervisors may agree upon, payable out of the district drainage fund. The board of supervisors may employ an attorney to act for the district and to advise the board.Source   Laws 1905, c. 161, § 8, p. 614;   Laws 1909, c. 147, § 2, p. 508;   R.S.1913, § 1804;   C.S.1922, § 1751;   C.S.1929, § 31-408;   R.S.1943, § 31-309;   Laws 1986, LB 960, § 22.
NE Code § 31-310 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-310 - Topographical surveys; maps; profiles; plans.

31-310.  Topographical surveys; maps; profiles; plans.The board of supervisors of any drainage district organized under the provisions of sections 31-301 to 31-305 shall cause a topographical survey to be made of the district by some competent engineer. The engineer shall make a complete topographical survey of the district and submit the same to the board of supervisors with maps and profiles of such survey and a full and complete plan for draining, reclaiming, and protecting the lands in the district from the overflow of, or damage by water or floods. The survey shall show the physical characteristics and location of any right-of-way, roadbed, bridge or bridges and other property or improvements in the district belonging to or under the control of any railroad company. The engineer shall report the location of any and all public highways which may be crossed by the right-of-way of any ditch, levee, or other improvement planned for the district.Source   Laws 1905, c. 161, § 9, p. 614;   Laws 1909, c. 147, § 3, p. 509;   R.S.1913, § 1805;   C.S.1922, § 1752;   C.S.1929, § 31-409;   R.S.1943, § 31-310. Annotations  Complete topographical survey was made. Petersen v. Thurston, 161 Neb. 758, 74 N.W.2d 528 (1956). Feasibility of route is matter for consideration after organization of district. Petersen v. Thurston, 157 Neb. 833, 62 N.W.2d 68 (1954).
NE Code § 31-311 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-311 - Estimates of cost.

31-311.  Estimates of cost.The engineer shall also make an estimate of the cost of the entire drainage works and improvements required in the district to protect and reclaim the lands and property, showing the several items of the same.Source   Laws 1905, c. 161, § 9, p. 614;   Laws 1909, c. 147, § 3, p. 509;   R.S.1913, § 1806;   C.S.1922, § 1753;   C.S.1929, § 31-410;   R.S.1943, § 31-311. Annotations District engineer is required to make estimate of cost of entire project. Petersen v. Thurston, 161 Neb. 758, 74 N.W.2d 528 (1956).
NE Code § 31-312 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-312 - Inspections and examinations.

31-312.  Inspections and examinations.The engineer shall go over and inspect and examine the lands in the district, the railroad rights-of-way, roadbeds, bridges, culverts, depot grounds, grades, and all other railroad, telephone and telegraph property in the district. He shall inspect and examine all other improvements, streets, highways and bridges belonging to any county, municipal or other corporation which may be affected by the proposed drainage and reclamation works and improvements, and also the streams, watercourses, ditches, ponds, lakes and bayous within the district or partly within and partly without the district.Source   Laws 1905, c. 161, § 9, p. 614;   Laws 1909, c. 147, § 3, p. 509;   R.S.1913, § 1807;   C.S.1922, § 1754;   C.S.1929, § 31-411;   R.S.1943, § 31-312. Annotations Inspection of lands affected was made. Petersen v. Thurston, 161 Neb. 758, 74 N.W.2d 528 (1956).
NE Code § 31-313 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-313 - Assessment of benefits.

31-313.  Assessment of benefits.The engineer shall assess, as hereinafter directed and according to the rules hereinafter prescribed, the amount of benefits which will accrue to each tract or parcel of land and corporate property above named, by virtue of the works and improvements of the drainage district. Each tract or parcel of land, right-of-way, railroad bed, bridge, culvert and depot within the district shall bear its share of the entire cost and expenses incurred by the district in making such works and improvements in proportion to the benefits assessed, whether such improvements be made on the tract or parcel of land, right-of-way, or railroad bed, or not.Source   Laws 1905, c. 161, § 9, p. 614;   Laws 1909, c. 147, § 3, p. 510;   R.S.1913, § 1808;   C.S.1922, § 1755;   C.S.1929, § 31-412;   R.S.1943, § 31-313. Annotations  It is sufficient if classification of benefits is made upon a uniform plan which is fair and just. Petersen v. Thurston, 161 Neb. 758, 74 N.W.2d 528 (1956). Where drainage district levies assessment for special drainage benefits accruing to land, the levies are not void because an older drainage district previously levied and collected assessments on the same land. Schobert-Zimmerman Drainage Dist. v. Soll, 132 Neb. 629, 272 N.W. 775 (1937).
NE Code § 31-314 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-314 - Estimate of benefits to property; how determined.

31-314.  Estimate of benefits to property; how determined.The engineer, in estimating the benefits to lands, streets, highways, railroad property, rights-of-way, railroad beds, not traversed by the works and improvements, shall not consider what benefits will be derived by such lands after other ditches, improvements, or drainage plans shall be constructed, but only the benefits which will be derived by the construction of the aforesaid works and improvements as they afford drainage or an outlet for drainage, or protection from overflow or damage by water.Source   Laws 1905, c. 161, § 9, p. 614;   Laws 1909, c. 147, § 3, p. 510;   R.S.1913, § 1809;   C.S.1922, § 1756;   C.S.1929, § 31-413;   R.S.1943, § 31-314. Annotations  Engineer may estimate benefits before improvement is made. Nemaha Valley Drainage Dist. v. Marconnit, 90 Neb. 514, 134 N.W. 177 (1912). Lands of state held under contract for purchase are assessable, and sale for tax does not affect state's interest. Morehouse v. Elkhorn River Drainage Dist. No. 2, 90 Neb. 406, 133 N.W. 446 (1911).
NE Code § 31-315 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-315 - Assessments; basis.

31-315.  Assessments; basis.No assessment shall be made for benefits to any lands upon any other principle than that of benefits derived, but all assessments shall be made upon the basis of benefits derived and secured by reason of the construction of such improvements and works in affording drainage, or giving an outlet for drainage, protection from overflow, and damage from water.Source   Laws 1905, c. 161, § 9, p. 614;   Laws 1909, c. 147, § 3, p. 510;   R.S.1913, § 1810;   C.S.1922, § 1757;   C.S.1929, § 31-414;   R.S.1943, § 31-315. Annotations  Assessments are made upon basis of benefits derived. Petersen v. Thurston, 161 Neb. 758, 74 N.W.2d 528 (1956). Where board of supervisors of a drainage district assess property not within the district, and do not assess on basis of benefits derived, the order levying assessments is void and subject to collateral attack. Drainage Dist. No. 1 v. Village of Hershey, 139 Neb. 205, 296 N.W. 879 (1941). Levy need not be confined to part actually overflowed if the whole is benefited. Nemaha Valley Drainage Dist. No. 2 v. Higgins, 90 Neb. 513, 134 N.W. 185 (1912). Exact apportionment in detail is impossible, but it is sufficient if each tract as a whole is improved. Land appropriated for ditch must be excluded from land assessed. Nemaha Valley Drainage District No. 2 v. Stocker, 90 Neb. 507, 134 N.W. 183 (1912).
NE Code § 31-316 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-316 - Estimate of benefits to highways and railroad property; how determined.

31-316.  Estimate of benefits to highways and railroad property; how determined.The benefits to public streets and highways, railroad property, right-of-way and roadbed, shall be assessed according to the increased efficiency and value added thereto by reason of, and the protection derived from, the aforesaid drainage works and improvements.Source   Laws 1905, c. 161, § 9, p. 614;   Laws 1909, c. 147, § 3, p. 510;   R.S.1913, § 1811;   C.S.1922, § 1758;   C.S.1929, § 31-415;   R.S.1943, § 31-316. Annotations Benefits accruing to railroad by drainage of flood waters may be assessed by drainage district. Rudersdorf Drainage District v. Chicago, R. I. & P. Ry. Co., 118 Neb. 43, 223 N.W. 639 (1929); Missouri Pacific Railroad Company v. Drainage District No. 5 of Richardson County, 110 Neb. 762, 195 N.W. 113 (1923).
NE Code § 31-317 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-317 - Classification of lands on basis of percentage of benefit.

31-317.  Classification of lands on basis of percentage of benefit.The engineer shall also classify all lots, tracts, lands, and other property according to the benefit that each may receive from such drainage improvement, and the lots, tracts, and lands receiving the greatest percentage of benefits shall be classified at one hundred, those receiving a less percentage of benefit at such less number as its benefit may determine. The property of public and private corporations may be classified in a list by themselves, each according to the relation its total benefits bear to the total benefit in the district.Source   Laws 1905, c. 161, § 9, p. 614;   Laws 1909, c. 147, § 3, p. 510;   R.S.1913, § 1812;   C.S.1922, § 1759;   C.S.1929, § 31-416;   R.S.1943, § 31-317. Annotations  If land outside the district will apparently benefit, the chairman of the board must petition the district court to annex it. Lost Creek Drainage Dist. v. Elsam, 188 Neb. 705, 199 N.W.2d 387 (1972). Lands receiving greatest benefits are classified and assessed equally at one hundred. Petersen v. Thurston, 161 Neb. 758, 74 N.W.2d 528 (1956).
NE Code § 31-318 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-318 - Maps, plans, and profiles; requisites; report; filing.

31-318.  Maps, plans, and profiles; requisites; report; filing.The maps hereinbefore provided for shall be drawn upon a scale sufficiently large to represent all the meanderings of the proposed improvements, and shall show the boundary lines of each lot, or tract of land, and of each street, road or railroad to be benefited thereby, the name of the owner of each lot or tract of land, as it then appeared on the deed records, the authority or company having in charge or controlling each public or corporate street, road or railroad, the distance in feet through each tract or parcel of land, the acreage thereof, and such other matters as the surveyor or engineer deems material. The profile shall show the surface, the grade lines, gradients, fixed and working sections. The report shall be filed with the board of supervisors of the district within sixty days after making such survey.Source   Laws 1905, c. 161, § 9, p. 614;   Laws 1909, c. 147, § 3, p. 511;   R.S.1913, § 1813;   C.S.1922, § 1760;   C.S.1929, § 31-417;   R.S.1943, § 31-318. Annotations Maps and profiles are required to be made. Petersen v. Thurston, 161 Neb. 758, 74 N.W.2d 528 (1956).
NE Code § 31-319 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-319 - Drain commissioner; appointment; duties; tenure of office; oath; bond.

31-319.  Drain commissioner; appointment; duties; tenure of office; oath; bond.The board of supervisors of any district organized under sections 31-301 to 31-305 shall appoint some competent person to award all contracts contemplated in sections 31-301 to 31-369 to the lowest bidder, subject to the approval of the board of supervisors, except as herein otherwise provided, to be known as the drain commissioner. He shall hold his office for one year and until his successor is appointed and qualified. He shall have general superintendence of all works put under contract by the district, subject to the supervision and control of the board of supervisors. He shall report the same when completed according to the terms and stipulations of the contract, and certify the same to the board of supervisors, which shall review and accept or reject the work so completed. The drain commissioner shall, before entering upon the discharge of his duties, enter into bond with proper surety, subject to the approval of the board of supervisors, in any sum not less than two thousand dollars, nor more than ten thousand dollars, to the drainage district of which he shall be appointed, conditioned that he will faithfully and honestly perform all of the duties required of him by law, and deliver to his successor in office all instruments, papers, and documents that may have come to his hands by virtue of his office. He shall take and subscribe the oath required by section 31-308, which shall be endorsed upon his bond, and filed in the office of the county clerk of the county in which the district, or the greater part thereof, shall be situated.Source   Laws 1905, c. 161, § 10, p. 616;   R.S.1913, § 1814;   C.S.1922, § 1761;   C.S.1929, § 31-418;   R.S.1943, § 31-319.
NE Code § 31-321 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-321 - Board of supervisors; right-of-way; right of eminent domain; procedure.

31-321.  Board of supervisors; right-of-way; right of eminent domain; procedure.When the members of the board of supervisors, by order entered of record, have agreed upon a location or route for the ditch or ditches and formulated a plan for the other improvements contemplated, then the board in behalf of such district, shall have the right to acquire and if need be condemn any real estate, easement, or franchise, whether the same be within the limits of such district or outside its boundaries, that may be necessary for a right-of-way over or upon which to construct and maintain the ditches, dikes, drains, and other works contemplated by any of the provisions of sections 31-301 to 31-369. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.Source   Laws 1905, c. 161, § 12, p. 618;   R.S.1913, § 1816;   C.S.1922, § 1763;   C.S.1929, § 31-420;   R.S.1943, § 31-321;   Laws 1951, c. 101, § 72, p. 479.  Annotations  District is given power to acquire easements for rights-of-way. County of Johnson v. Weber, 160 Neb. 432, 70 N.W.2d 440 (1955). District is given the power of eminent domain to acquire rights-of-way whether within or without the district. Latham v. Chicago, B. & Q. R. Co., 100 Neb. 173, 158 N.W. 923 (1916). This and following section are constitutional. Drainage Dist. No. 1 of Pawnee County v. Chicago, B. & Q. R. Co., 96 Neb. 1, 146 N.W. 1055 (1914).
NE Code § 31-322 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-322 - Right-of-way; obstruction in watercourses; condemnation; procedure.

31-322.  Right-of-way; obstruction in watercourses; condemnation; procedure.The board of supervisors, in behalf of such district, shall have the right to acquire, and if need be, condemn in the same manner as is provided in section 31-321, any natural or artificial obstruction in any existing watercourse, and remove the same therefrom for the benefit of the district.Source   Laws 1905, c. 161, § 12, p. 618;   R.S.1913, § 1817;   C.S.1922, § 1764;   C.S.1929, § 31-421;   R.S.1943, § 31-322;   Laws 1951, c. 101, § 73, p. 480.  Annotations Act, as amended 1909, is constitutional, though it omits provisions for recovery of damages. Nemaha Valley Drainage Dist. No. 2 v. Marconnit, 90 Neb. 514, 134 N.W. 177 (1912).
NE Code § 31-323 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-323 - Engineer's report; objections to classification and assessments; hearing; time.

31-323.  Engineer's report; objections to classification and assessments; hearing; time.Within ten days after the filing of the report of the engineer with the chairman of the board of supervisors of the drainage district, the chairman of the board shall call a meeting at some public place in the county in which the district was organized, at which meeting the board shall fix the time and place in the county, not more than fifty nor less than forty days from the day of such meeting, for the hearing of all objections to the report of such engineer, and to the classification of the lands and other property therein, and all objections made by the owner or owners of any land, property, easement or franchise upon which the engineer proposes an assessment for benefits. At such meeting the board shall determine whether the classification is fair and just, whether the proposed assessment exceeds the benefits accruing to their respective lands and property from the drainage improvements, and all other matters and things connected with the proposed classification and assessment of benefits, in any way affecting such lands and property.Source   Laws 1905, c. 161, § 13, p. 619;   Laws 1909, c. 147, § 4, p. 511;   R.S.1913, § 1818;   C.S.1922, § 1765;   C.S.1929, § 31-422;   R.S.1943, § 31-323. Annotations Hearing on apportionments of benefits is to cover all objections by an owner of lands upon which the engineer recommends an assessment of benefits. Lost Creek Drainage Dist. v. Elsam, 188 Neb. 705, 199 N.W.2d 387 (1972).