reglab/housing_qa huggingface dataset:
NE Code § 31-112 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-112 - Drainage improvements; compensation and damages for land taken or affected; application; when made.

31-112.  Drainage improvements; compensation and damages for land taken or affected; application; when made.At any time before the day set for hearing, after persons are notified as provided in section 31-110, any person or corporation whose lands are taken or affected in any way by the improvement may make application to the commissioners in writing for compensation and damages, and a failure to make such application shall be held a waiver of all rights thereto.Source   Laws 1881, c. 51, § 12, p. 240;   Laws 1911, c. 140, § 12, p. 457;   R.S.1913, § 1729;   C.S.1922, § 1676;   C.S.1929, § 31-112;   R.S.1943, § 31-112. Annotations  Persons whose land will be damaged by construction of ditch must be compensated. Costello v. Colfax County, 112 Neb. 40, 198 N.W. 357 (1924). Filing of claim waives irregularities in proceedings. Gutschow v. Washington County, 74 Neb. 794, 105 N.W. 548 (1905).
NE Code § 31-113 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-113 - Drainage improvements; allowance of compensation and assessment of damages; when and how made.

31-113.  Drainage improvements; allowance of compensation and assessment of damages; when and how made.The county board on actual view of the premises shall fix and allow such compensation for land appropriated and assess such damages as will in its judgment accrue from the construction of the improvement to each person or corporation making application as provided by section 31-112 and without such application to each person with an intellectual disability, person with a mental disorder, or minor owning lands taken or affected by such improvement.Source   Laws 1881, c. 51, § 13, p. 240;   Laws 1911, c. 140, § 13, p. 457;   R.S.1913, § 1730;   C.S.1922, § 1677;   C.S.1929, § 31-113;   R.S.1943, § 31-113;   Laws 1986, LB 1177, § 13;  Laws 2013, LB23, § 6. Annotations  Land damaged by the construction of a ditch which diverts the waters from one stream into another, causing the latter to overflow and flood such land, must be compensated for. Costello v. Colfax County, 112 Neb. 40, 198 N.W. 357 (1924). Compensation includes value of the land actually taken and consequential damages, but, if special benefits exceed cost apportioned, excess is set off. Gutschow v. Washington County, 81 Neb. 275, 116 N.W. 46 (1908); 74 Neb. 800, 107 N.W. 127 (1906); 74 Neb. 794, 105 N.W. 548 (1905). Special benefit is increased market value due to drainage. Dodge County v. Acom, 61 Neb. 376, 85 N.W. 292 (1901). Land is appropriated though fee is not taken; land damaged, but not taken, is subject to special but not general benefits. Martin v. Fillmore County, 44 Neb. 719, 62 N.W. 863 (1895).
NE Code § 31-114 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-114 - Drainage improvements; objections to apportionment, compensation, damages; when made; exceptions; hearing; costs.

31-114.  Drainage improvements; objections to apportionment, compensation, damages; when made; exceptions; hearing; costs.A person or corporation party to the proceedings may file exceptions to the apportionment, or to any claim for compensation or damages at any time before the time set for the final hearing of the report and apportionment. The county board may hear testimony and examine witnesses upon all questions made by the exceptions, and for that purpose may compel the attendance of witnesses by subpoena, which the county clerk shall issue on demand. The decisions of the board on the exceptions shall be entered on its journal, and if it sustains the exceptions, the cost of the hearing thereon shall be paid out of the county treasury, and if it overrules the same, such cost shall be paid by the person or corporation filing the same.Source   Laws 1881, c. 51, § 14, p. 241;   Laws 1911, c. 140, § 14, p. 457;   R.S.1913, § 1731;   C.S.1922, § 1678;   C.S.1929, § 31-114;   R.S.1943, § 31-114.
NE Code § 31-115 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-115 - Drainage improvements; appeal from order of county board; grounds; procedure.

31-115.  Drainage improvements; appeal from order of county board; grounds; procedure.Any person or corporation feeling aggrieved thereby may appeal to the district court within and for the proper county, from any final order or judgment of the board made in the proceedings and entered upon its journal determining any one of the following matters: (1) Whether the ditch will be conducive to the public health, convenience or welfare; (2) whether the route thereof is practicable; (3) the compensation for land appropriated; and (4) the damage claimed to property affected by the improvement. The appeal may be taken and prosecuted in the manner provided by law for appeals from the decision of the county board on claims against the county.Source   Laws 1881, c. 51, § 15, p. 241;   Laws 1911, c. 140, § 15, p. 458;   R.S.1913, § 1732;   C.S.1922, § 1679;   C.S.1929, § 31-115;   R.S.1943, § 31-115. Annotations  An attempt to appeal under this section confers no jurisdiction upon the district court to review an order of county board making assessments to construct a drainage ditch. Loup River Public Power Dist. v. Platte County, 141 Neb. 29, 2 N.W.2d 609 (1942). The right to appeal from the assessment of benefits by the county board in the creation of a drainage district is not provided by this section. Loup River Public Power Dist. v. Platte County, 135 Neb. 21, 280 N.W. 430 (1938). Finding of board that ditch is conducive to public health, etc., is final, and court cannot review. Johannes v. Thayer County, 83 Neb. 689, 120 N.W. 176 (1909); Tyson v. Washington County, 78 Neb. 211, 110 N.W. 634 (1907); Dodge County v. Acom, 61 Neb. 376, 85 N.W. 292 (1901).
NE Code § 31-116 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-116 - Drainage improvements; appeal; effect upon progress of work; bond.

31-116.  Drainage improvements; appeal; effect upon progress of work; bond.No appeal taken in pursuance of the provisions of section 31-115 shall in any manner affect the progress of the construction of the proposed improvement; Provided, the petitioners shall enter into a good and sufficient bond to be approved by the district court or by the judge thereof at chambers, and filed with the clerk of the court, conditioned for the payment of all damages and costs that the appellant may sustain on the trial of the appeal.Source   Laws 1881, c. 51, § 16, p. 242;   Laws 1911, c. 140, § 16, p. 458;   R.S.1913, § 1733;   C.S.1922, § 1680;   C.S.1929, § 31-116;   R.S.1943, § 31-116.
NE Code § 31-117 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-117 - Drainage improvements; appeal; transcript; certification to county board.

31-117.  Drainage improvements; appeal; transcript; certification to county board.The clerk of the district court, immediately after the close of the term at which the appeal is tried, as provided for in section 31-116, shall certify to the county board a full and complete transcript of the proceedings had upon such appeal in the district court, and the commissioners shall make such entry on their journals as may be necessary to give effect to the judgment of the district court.Source   Laws 1881, c. 51, § 17, p. 242;   Laws 1911, c. 140, § 17, p. 459;   R.S.1913, § 1734;   C.S.1922, § 1681;   C.S.1929, § 31-117;   R.S.1943, § 31-117. Annotations The portion of the report and apportionment of engineer and board, which affects property of appellant, must appear in record. Union Pac. R. Co. v. Colfax County, 84 Neb. 778, 122 N.W. 29 (1909).
NE Code § 31-118 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-118 - Drainage improvements; advertisement for bids; awarding contract; conditions.

31-118.  Drainage improvements; advertisement for bids; awarding contract; conditions.(1) Immediately after the transcript mentioned in section 31-117 is returned to the county clerk, immediately upon the filing of the bond mentioned in section 31-116, or, in case there is no appeal as hereinbefore provided, immediately after the hearing of the report mentioned in section 31-111, the county board shall proceed to advertise for sealed bids for the construction of the ditch in working sections not less in extent than the number of lineal feet apportioned to each lot or tract of land, public or corporate road, or railroad, and shall fix a time when the bids may be opened, giving not less than twenty days' notice thereof. The board shall attend at the time and place of opening the bids, shall let the contract or contracts to the lowest responsible bidder, shall take good and sufficient security for the faithful performance of such contract or contracts except as provided in subsection (2) of this section, and shall fix the time for the completion of such contract, not exceeding in any case one hundred fifty days from the time of entering into the same. No bid shall be entertained which exceeds the estimated cost of construction of the working section or sections upon which the bid is made.(2) If a contract, the provisions of which are limited to the purchase of supplies or materials, is entered into pursuant to this section and if the amount of the contract is fifty thousand dollars or less, the person to whom the contract is awarded shall furnish the county with an irrevocable letter of credit, a certified check upon a solvent bank, or a performance bond in a guaranty company qualified to do business in Nebraska, as prescribed by and in a sum determined by the county board, conditioned for the faithful performance of the contract.Source   Laws 1881, c. 51, § 18, p. 242;   Laws 1911, c. 140, § 18, p. 459;   R.S.1913, § 1735;   C.S.1922, § 1682;   C.S.1929, § 31-118;   R.S.1943, § 31-118;   Laws 1987, LB 211, § 3.  Annotations Statutory steps must precede levy of valid assessment. Shanahan v. Johnson, 170 Neb. 399, 102 N.W.2d 858 (1960).
NE Code § 31-119 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-119 - Drainage improvements; supervision of work; payment; progress certificates; exceptions.

31-119.  Drainage improvements; supervision of work; payment; progress certificates; exceptions.The work shall be done under the supervision of the surveyor or engineer appointed by the county board, and when a part, not less than one-fourth of the portion included in any contract, is completed according to the specifications, he shall give the contractor a certificate thereof, showing the proportional amount which the contractor is entitled to be paid according to the terms of the contract. The county clerk shall, upon presentation of such certificate, draw his warrant upon the treasurer for seventy-five percent of said amount, and the treasurer will pay the same out of any funds in the treasury applicable to such purposes; Provided, no proportional amounts shall be certified or paid unless the whole of such contract exceeds two thousand lineal feet.Source   Laws 1881, c. 51, § 19, p. 243;   Laws 1911, c. 140, § 19, p. 459;   R.S.1913, § 1736;   C.S.1922, § 1683;   C.S.1929, § 31-119;   R.S.1943, § 31-119.
NE Code § 31-120 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-120 - Drainage improvements; uncompleted contract; reletting; conditions.

31-120.  Drainage improvements; uncompleted contract; reletting; conditions.Any contract not completed within the time specified shall be reestimated and relet to the lowest responsible bidder, but not for a sum greater than the estimate, nor a second time to the same party; Provided, the county board, may for a good cause, extend the time of any contractors not to exceed two years.Source   Laws 1881, c. 51, § 20, p. 243;   Laws 1885, c. 94, § 1, p. 373;   Laws 1911, c. 140, § 20, p. 460;   R.S.1913, § 1737;   C.S.1922, § 1684;   C.S.1929, § 31-120;   R.S.1943, § 31-120. Annotations  In absence of fraud, contract is valid though there was only one bid. Gutschow v. Washington County, 74 Neb. 378, 104 N.W. 602 (1905). Section is directory, and is not exclusive means of ascertaining damages. McDonald v. Dodge County, 41 Neb. 905, 60 N.W. 366 (1894).
NE Code § 31-121 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-121 - Drainage improvements; assessments.

31-121.  Drainage improvements; assessments.When the working sections are let, as hereinbefore provided, and the costs and expenses of location and construction, and all compensation and damages are ascertained, the county board shall meet and determine at what time and in what number of assessments it will require the same to be paid. The board shall order that the assessments as made by it shall be placed on the duplicate tax list against the lots and lands so assessed.Source   Laws 1881, c. 51, § 21, p. 244;   Laws 1909, c. 145, § 1, p. 504;   Laws 1911, c. 140, § 21, p. 460;   R.S.1913, § 1738;   C.S.1922, § 1685;   C.S.1929, § 31-121;   R.S.1943, § 31-121. Annotations Statute impliedly confers power to impose a tax. Morris v. Washington County, 72 Neb. 174, 100 N.W. 144 (1904).
NE Code § 31-122 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-122 - Drainage improvements; deficiencies; supplemental assessments.

31-122.  Drainage improvements; deficiencies; supplemental assessments.In case of deficiencies appearing after the original assessment, supplemental assessments upon the proportional fixed by the main assessment may be made on the lands benefited to make up such deficiency, and the annual interest on such bonds shall be made from annual levies made upon the lands benefited on the proportional of the assessments.Source   Laws 1911, c. 140, § 21, p. 461;   R.S.1913, § 1739;   C.S.1922, § 1686;   C.S.1929, § 31-122;   R.S.1943, § 31-122.
NE Code § 31-123 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-123 - Drainage improvements; assessments; collection; liens; interest.

31-123.  Drainage improvements; assessments; collection; liens; interest.Where the county board has made an assessment it shall cause an entry to be made directing the clerk to make and furnish to the treasurer a special duplicate, with the assessment arranged thereon, as required by its order. The clerk shall retain a copy thereof in his office, and all assessments shall be collected and accounted for by the treasurer. In case such assessments, or any part thereof, are not paid by the party or parties owning or controlling the lots or lands against which such assessments are made in the manner contemplated by sections 31-101 to 31-138, such assessments shall be and remain a perpetual lien against the premises so assessed; and the county treasurer shall proceed to advertise and sell said lots and lands, or such portions thereof as shall be necessary to pay such assessments, together with the costs, in the same manner as real estate is by law advertised and sold by him for the payment of delinquent taxes; Provided, the commissioners may extend the time of payment (without interest) of such assessments, to correspond with any extension of time that may be granted to any contractor under the provisions of section 31-120, and in case assessments are not paid when due, they shall draw nine percent interest per annum until paid.Source   Laws 1881, c. 51, § 22, p. 244;   Laws 1885, c. 94, § 2, p. 373;   Laws 1911, c. 140, § 22, p. 461;   R.S.1913, § 1740;   C.S.1922, § 1687;   C.S.1929, § 31-123;   Laws 1933, c. 136, § 23, p. 536;   C.S.Supp.,1941, § 31-123;   R.S.1943, § 31-123. Annotations Section is constitutional. Legislature may authorize counties to make local improvements by special assessments. Dodge County v. Acom, 61 Neb. 376, 85 N.W. 292 (1901); Darst v. Griffin, 31 Neb. 668, 48 N.W. 819 (1891).
NE Code § 31-124 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-124 - Drainage improvements; proceedings; irregularities; effect.

31-124.  Drainage improvements; proceedings; irregularities; effect.The collection of assessments to be levied to pay for the location or construction of any ditch shall not be enjoined nor declared void, nor shall such assessment be set aside in consequence of any error or irregularity committed or appearing in any of the proceedings provided by sections 31-101 to 31-138, and no injunction shall be allowed restraining the collection of any assessment until the party complaining shall first pay to the county treasurer the amount of his assessment, which amount so paid may be recovered from the county in an action brought for that purpose in case such injunction is made perpetual.Source   Laws 1881, c. 51, § 28, p. 246;   Laws 1911, c. 140, § 28, p. 464;   R.S.1913, § 1741;   C.S.1922, § 1688;   C.S.1929, § 31-124;   R.S.1943, § 31-124. Annotations  Invalid special assessments under this section may be recovered from county. McClary v. County of Dodge, 176 Neb. 627, 126 N.W.2d 849 (1964). This section is not broad enough to authorize reassessment of benefits. Shanahan v. Johnson, 170 Neb. 399, 102 N.W.2d 858 (1960). Irregularities or failure to comply literally with provisions, where board has jurisdiction, is immaterial. Dodge County v. Acom, 61 Neb. 376, 85 N.W. 292 (1901). Section does not apply where assessment is void. Morris v. Merrell, 44 Neb. 423, 62 N.W. 865 (1895).
NE Code § 31-125 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-125 - Drainage improvements; bonds; when issued; rate of interest; installments.

31-125.  Drainage improvements; bonds; when issued; rate of interest; installments.When, in the judgment of the county board, the assessments are too large for immediate payment, the board may issue negotiable bonds of the county with interest coupons attached, which bonds and coupons shall be signed by the chairman of the board and countersigned by the county clerk of the county, and shall be paid in not to exceed ten installments, one bond maturing each year, to pay the costs and expenses of location and construction, and all compensation and damages ascertained.Source   Laws 1909, c. 145, § 1, p. 504;   Laws 1911, c. 140, § 21, p. 460;   R.S.1913, § 1742;   C.S.1922, § 1689;   C.S.1929, § 31-125;   R.S.1943, § 31-125;   Laws 1969, c. 51, § 88, p. 330.
NE Code § 31-126 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-126 - Drainage improvements; bonds; issuance; notice.

31-126.  Drainage improvements; bonds; issuance; notice.In the event of a county board determining to issue bonds, it shall give notice by publication once each week for three weeks of the proposed issue of bonds, and the amount thereof, at any time within sixty days after the date of the first publication of such notice.Source   Laws 1911, c. 140, § 21, p. 461;   R.S.1913, § 1743;   C.S.1922, § 1690;   C.S.1929, § 31-126;   R.S.1943, § 31-126.
NE Code § 31-127 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-127 - Drainage improvements; bonds; sale; lien; registration.

31-127.  Drainage improvements; bonds; sale; lien; registration.All bonds shall be sold at not less than par and shall be and remain a first lien upon the property found to be benefited, each part and parcel to remain under such lien until the amount apportioned thereto shall be paid. All bonds shall be registered as provided by law for the registration of municipal bonds.Source   Laws 1911, c. 140, § 21, p. 461;   R.S.1913, § 1744;   C.S.1922, § 1691;   C.S.1929, § 31-127;   R.S.1943, § 31-127.
NE Code § 31-128 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-128 - Drainage improvements; payment of assessments in cash; effect.

31-128.  Drainage improvements; payment of assessments in cash; effect.Any owner of any tract of land, or of an easement therein, may pay the whole of his assessment in cash, and in such case the bonds so issued shall not be a lien against the lands, lots or property of the owner.Source   Laws 1909, c. 145, § 1, p. 505;   Laws 1911, c. 140, § 21, p. 461;   R.S.1913, § 1745;   C.S.1922, § 1692;   C.S.1929, § 31-128;   R.S.1943, § 31-128.
NE Code § 31-129 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-129 - Drainage improvements; bonds; limitation on amount.

31-129.  Drainage improvements; bonds; limitation on amount.Bonds so issued shall be limited to the amount actually required, after taking into consideration cash payment by property owners that may be made as provided in section 31-128.Source   Laws 1909, c. 145, § 1, p. 505;   Laws 1911, c. 140, § 21, p. 461;   R.S.1913, § 1746;   C.S.1922, § 1693;   C.S.1929, § 31-129;   R.S.1943, § 31-129.
NE Code § 31-130 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-130 - Neglect of duty; penalty.

31-130.  Neglect of duty; penalty.Any officer mentioned in sections 31-101 to 31-138 who shall neglect or refuse to perform any duty imposed upon him by the provisions of said sections, shall forfeit and pay a fine of twenty-five dollars for every such offense.Source   Laws 1881, c. 51, § 23, p. 245;   Laws 1911, c. 140, § 23, p. 462;   R.S.1913, § 1747;   C.S.1922, § 1694;   C.S.1929, § 31-130;   R.S.1943, § 31-130.
NE Code § 31-131 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-131 - Drainage improvements; ditches in two counties; procedure.

31-131.  Drainage improvements; ditches in two counties; procedure.When a ditch is proposed which will require a location in more than one county, application shall be made to the county board of each county so affected, and the surveyor or engineer shall make a report for each county. Application for damages shall be made, and appeals from the findings of the boards in joint session, locating and establishing such ditch, and from the assessment of damages or compensation, shall be taken to the district court in the county in which the lots or lands which are immediately affected are located. A majority of the boards of each county, when in joint session, shall be competent to locate and establish such ditch.Source   Laws 1881, c. 51, § 24, p. 245;   Laws 1911, c. 140, § 24, p. 462;   R.S.1913, § 1748;   C.S.1922, § 1695;   C.S.1929, § 31-131;   R.S.1943, § 31-131. Annotations County may establish a new system covering joint ditch, but may not evade expense of cleaning old ditch. Morris v. Washington County, 72 Neb. 174, 100 N.W. 144 (1904).
NE Code § 31-133 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-133 - County ditch fund; borrowing from county general fund permitted; conditions.

31-133.  County ditch fund; borrowing from county general fund permitted; conditions.The county board of any county in this state is hereby authorized, whenever it deems necessary, to create a county ditch fund, to consist of taxes collected from county levies, and all balances remaining unexpended of special ditch funds, arising from excess of assessments made on ditch improvements after the expenses thereof have been fully paid. The county board is hereby authorized, whenever necessary, to borrow from the county general fund for the benefit of the above-named ditch fund. All money so borrowed shall be, as soon as practicable, returned to the county general fund.Source   Laws 1881, c. 51, § 26, p. 246;   Laws 1911, c. 140, § 26, p. 463;   R.S.1913, § 1750;   C.S.1922, § 1697;   C.S.1929, § 31-133;   R.S.1943, § 31-133. Annotations  It is the duty of the county to keep ditch free of obstructions. Gray v. Chicago, St. P., M. & O. R. Co., 90 Neb. 795, 134 N.W. 961 (1912). Ditch fund is for maintenance of ditch by county. Gutschow v. Washington County, 81 Neb. 275, 116 N.W. 46 (1908). Borrowing from general fund is discretionary with board, and mandamus does not lie. Hall v. State ex rel. Renard, 54 Neb. 280, 74 N.W. 590 (1898).